Constitutional Provisions of the Supreme Court of India

• 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.

• 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. 

• 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.

• 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.

• Subscribe an oath or affirmation before the President, or some person appointed by him for this purpose.

• 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.

• 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.

• 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.

• 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.

(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.

• 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. 

• 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.

• 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.

• 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.

• 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)

• SC opined that consultation does not mean concurrence and it only implies an exchange of views.

• 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.

• 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. 

• 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]