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Constitutional Provisions of the Supreme Court of India

March 26, 2024 322 0

Introduction

The Supreme Court of India is the highest judicial body in the country, entrusted with interpreting the Constitution and adjudicating disputes of national importance. Established under Part V (Articles 124 to 147) of the Indian Constitution, it serves as the final court of appeal and the guardian of fundamental rights. With its seat in New Delhi, the Supreme Court exercises jurisdiction over matters arising from federal, civil, and criminal cases, ensuring the rule of law and the protection of citizens’ rights across India.

 

Parameters Description
Basic Facts
  • Integrated judicial system borrowed from the GoI Act, 1935.
  • Enforces central and state laws.
  • Inaugurated on January 28, 1950; succeeded the Federal Court of India but replaced the British Privy Council as the highest court of appeal.
Composition
  • Establishment and Constitution of Supreme Court (Article: 124)
  • Total 34 judges (CJI + 33 other judges).
  • Note: Supreme court (number of judges) Amendment Act 2019: increased number of judges from 31 to 34. 
Appointment
  • 1950 to 1973: The practice has been to appoint the senior most judge of the SC as the CJI. This has been violated twice in 1973 (A N Ray) and 1977 (M U Beg).
  • Second Judges Case (1993): SC ruled that the senior most judge of the Supreme Court should alone be appointed to the office of the chief justice of India
  • For Chief Justice: President after consulting such judges of the SC + HC.
  • For Other Judges: President after consulting CJI + judges of SC + HC. [UPSC 2013]
  • Note: Consultation of CJI is obligatory for appointment of judges other than CJI.
Qualification of Judges
  • Citizen of India.
  • He should have been a judge of an HC for 5 years (or high courts in succession) for five years.
  • He should have been an advocate of a High Court (or High Courts in succession) for ten years.
  • Distinguished jurist in the opinion of the president (Note: No such condition in case of HC).
  • No minimum age prescribed by the constitution for appointment as a judge of the Supreme Court.
Oath or Affirmation
  • Subscribe an oath or affirmation before the President, or some person appointed by him for this purpose.
Salaries and Allowances (Article 125)
  • Determined from time to time by the Parliament.
  • Cannot be varied to their disadvantage after their appointment except during a financial emergency (Art.360).
  • The retired chief justice and judges are entitled to 50 per cent of their last drawn salary as a monthly pension.
Tenure The Constitution has not fixed tenure of judges of SC. However, it makes the following three provisions:

  • Holds office until he attains the age of 65 years
  • Any question regarding his age is to be determined by such authority and in such a manner prescribed by parliament.
  • Resign by writing to the President.
  • Removed from office by the President on the recommendation of parliament.
Removal of Judges
  • Ground of Removal: Proved misbehaviour or/and Incapacity.
  • Procedure: Governed by The Judges Enquiry Act (1968).
  • Removed by Order of the President only on Parliament’s recommendations.
  • The address must be supported by a special majority of each House of Parliament.
  • No judge of the SC has been impeached so far.
  • An impeachment motion for the removal of a judge does not lapse on the dissolution of the Lok Sabha.
Judges Enquiry Act 1968
  • Removal Motion: Signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of Rajya Sabha).
  • The Speaker/Chairman may admit the motion or refuse to admit it.
  • Committee for Removal: If admitted, a three-member committee (Committee of Chief Justice/judge of SC, Chief Justice of HC, and distinguished jurist) to enquire into charges.
  • If found guilty, the motion is taken up for consideration by the House.
  • The motion must be passed by a special majority of each House of Parliament.
  • The motion is then addressed to the President, who passes the final order removing the judge.
Acting Chief Justice 

(Article 126)

  • Appointed by President
  • The President can appoint a judge of SC as an acting Chief Justice of India if:
    • Office of CJI is vacant or Temporarily absent or Unable to perform the duties of office.
Ad Hoc Judge (SC) (Art. 127)
  • Appointed by CJI
  • When there is a lack of quorum of permanent judges to hold or continue any session of the supreme court, CJI can appoint a judge of HC as Ad hoc judge for a temporary period (only after consultation with Chief Justice of the concerned High court + previous consent of the president). [UPSC 2021]
  • Ad hoc judge has all the jurisdiction, power and privileges of a judge of SC.
  • Judge so appointed should be qualified for appointment as a judge of the Supreme Court. 
Retired Judge
  • Appointed by CJI
  • At any time, the CJI can request any retired judge of SC or a retired judge of a HC (qualified to be judge of SC) to act as judge of the SC for a temporary period.
  • Condition: Only with the previous consent of the president and also of the person to be so appointed.
  • May enjoy all the jurisdiction, powers and privileges of a judge of the Supreme Court. But, he will not otherwise be deemed to be a judge of the Supreme Court.
Seat of SC (Article 130)
  • By Constitution: Delhi
  • The Constitution also Authorizes CJI to appoint another place as the seat of the Supreme Court only with the approval of the President.
  • Provision is only optional and not compulsory.
Procedure of The Court
  • SC, with approval of the President can make rules for regulating generally the practice and procedure of the court.
  • Constitutional cases or references made by the President under Article 143 (Advisory Jurisdiction) are decided by a bench of at least five judges.
  • All Other Cases: Decided by single judges and division benches.
  • All judgments are delivered by majority voting, but dissenting judgments/opinions can also be given.
Independence of SC
  • Mode of Appointment: Judges appointed by the President  after consulting the judiciary itself (Judges of SC + HC).
  • Security of Tenure: Judges are removed only on the manner prescribed by the constitution
  • Fixed Service Conditions: Cannot be changed to their disadvantage after their appointment except during a financial emergency (Art.360).
  • Expenses charged on the  Consolidated Fund of India. Non-votable by the Parliament
  • The Conduct of judges cannot be discussed except when an impeachment motion is in consideration of the parliament.
  • Ban on Practice After Retirement: Prohibited from pleading or acting in any Court or before any authority within the territory of India.
  • Power to Punish for its Contempt: The Supreme Court can punish any person for its contempt.
  • Freedom to appoint its staff long with prescription of conditions of service.
  • Jurisdiction of SC cannot be curtailed: But can be extended by parliament. [UPSC 2014]
  • Separation from Executive [Art.50 (DPSP)]: Separation of judiciary from executive)

 

Concurrence and Consultation of Supreme Court

First Judges Case (1982)
  • SC opined that consultation does not mean concurrence and it only implies an exchange of views.
Second Judges Case (1993)
  • SC reversed its earlier ruling and changed the interpretation of the word consultation to concurrence. 
  • It ruled that the advice tendered by the Chief Justice of India is binding on the President in the matters of appointment of the judges of the SC. 
  • CJI will tender his advice after consulting with two senior-most colleagues.
Third Judges case (1998)
  • SC opined that the consultation process to be adopted by the CJI requires consultation of plurality judges (Not CJI alone)
  • CJI should consult a collegium of 4 senior most judges (even if two gave adverse opinions that recommendation cannot be forwarded).
  • The recommendations made by the chief justice of India without complying with the norms and requirements of the consultation process are not binding on the government
Fourth Judge’s case (2015)
  • NJAC Case: The 99th Constitutional Amendment Act of 2014 and the National Judicial Appointments Commission Act of 2014 replaced the collegium system with a new body called the National Judicial Appointments Commission (NJAC).
  • SC declared both the 99th Constitutional Amendment as well as the NJAC Act unconstitutional and void on grounds of interference. 
  • Consequently, the earlier collegium system became operative again. [UPSC 2019]

 

Conclusion

The Constitutional provisions governing the Supreme Court outline its jurisdiction, composition, appointment process, and powers, reflecting a commitment to an independent and impartial judiciary essential for upholding democratic principles in India.

 

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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

Quick Revise Now !
AVAILABLE FOR DOWNLOAD SOON
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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