SUPREME COURT: STRUCTURE, APPOINTMENT, JURISDICTION, AND POWERS EXPLAINED

SUPREME COURT: STRUCTURE, APPOINTMENT, JURISDICTION, AND POWERS EXPLAINED

• Appoint senior most (1950-1973) – Later discontinued – 2nd judges case: held senior most must alone be CJI.

QUALIFICATION OF JUDGES

• He should be a citizen of India
• He should have been judge of High Court for 5 years or
• He should have been an advocate of high court for 10 years or 3) distinguished jurist in the opinion of president (no such condition in case of HC)
• No minimum age prescribed

• A person appointed as a judge of the Supreme Court has to subscribe to an oath before the President, or some person appointed by him for this purpose.

• The salaries, allowances, privileges, leave and pension of the judges of the Supreme Court are determined from time to time by the Parliament.

TENURE OF JUDGES

• Constitution no fixed tenure of judges of supreme court
• Three provisions: Holds office until he attains the age of 65 years (manner prescribed by parliament) + Resign by writing to president + Removed from office by president on recommendation of parliament.

REMOVAL OF JUDGES

• Removed by order of president
• But only after an address by parliament has been presented to him in same session for such removal
• Ground of removal : Proved misbehavior or/and Incapacity
• Procedure relating to the removal of a judge of a Supreme court is governed by The Judges Enquiry Act (1968).

• Removal motion: signed by 100 members (Lok Sabha) or 50 members (Rajya Sabha) – given to chairperson of the respective houses
• If admitted by chairperson – three member committee to enquire into charges
• Committee: Chief justice /judge of supreme court + chief justice of high court + distinguished jurist.
• If they find guilty – house take up for consideration
• Motion passed in each house by special majority, and then an address presented to president for removal of judge
• Order passed by president
• No judge has been impeached so far.

• The President can appoint a judge of the supreme court as the office of chief justice of India is: vacant; temporarily absent; Unable to perform the duties of office.

• When 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 judges (only with consent of chief justice in High court +previous consent of president)
• Ad hoc judge = all jurisdiction, power and privileges of a judge of the supreme court.

• At any time the chief justice of India can request any retired judge (qualified to be) of the supreme court to act as supreme court for a temporary period.

• Delhi (by constitution) + Authorizes chief justice of India to appoint other places as seat of supreme court + approval of president.

• Supreme court + approval of president can make rules for regulating generally the practice and procedure of the court
• Constitutional case + article 143 = decided by bench of at least five judges
• All judgment = majority voting
• Dissenting judgments can also be given if differed

• Mode of appointment: Judges appointed by judiciary itself
• 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 consolidated fund of India
• Conduct of judges cannot be discussed: Except when impeachment motion is in consideration of parliament
• Ban on practice after retirement: Except the SC and the other high courts.
• Freedom to appoint its staff
• Jurisdiction cannot be curtailed: But can be extended by parliament.
• Separation from executive

1. State and center

2. State and other states

3. Centre and state on one side and other state on other side

• Only supreme court have power to hear such cases]-exclusive jurisdiction
• Questions of political nature is avoided
• Dispute must involve a question (whether of law or fact)
• A dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, Sanad or other similar instrument
• A dispute arising out of any treaty, agreements etc. which specifically provide that such jurisdiction doesn’t extend to such a dispute.
• Interstate water dispute
• Matters referred to Finance Commission Etc.

• Aggrieved can go directly to supreme court
• But it’s not exclusive (high courts can also issue writ)
• Only for enforcement for Fundamental rights (not for legal rights – Narrower than HC)
• Writ jurisdiction of the high court is wider than the supreme court.
• NOTE – SC can issue writs only for FR and not “for any other purpose”. This makes the writ jurisdiction of HC wider than SC.

CONSTITUTIONAL MATTERS: Against judgment of High Court: If case involves substantial question of law that requires the interpretation of constitution.

CIVIL MATTERS: Appeal lies to supreme court if: Case involves substantial question of law + That the question needs to be decided by the supreme court

CRIMINAL MATTERS: Supreme court hears appeals against judgment in a criminal proceedings of high court if high court :

• Has on appeal reversed an order of acquittal of an accused person and sentenced him to death
• Has taken before itself any case from any subordinate court and convicted the accused person and sentenced him to death
• Certifies that the case fit one for appeal to the supreme court

• Special leave to appeal from any judgment in any matter passed by any court or tribunal in the country.
• Exception: court martial or military tribunal
• FOUR ASPECT: discretion and not a right + granted in Final or interlocutory judgment + Related to any matter: constitutional, civil, criminal, income tax, labour revenue, advocates etc. + granted against any tribunal and not necessarily be high court exceptional and overriding power à exercised sparingly and only in exceptional times.

Two categories of matter :

1. On any question of law or fact of public importance which has arisen or which is likely to arise – SC may or may not give advice

2. On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, Sanad or other similar instrument – SC must give advice.

NOTE: The President may or may not follow the opinion.

1. Evidentiary value +cannot be questioned by any court

2. Legal precedents +references

• CIVIL CONTEMPT: willful disobedience to any judgment ,order ,writ or other process of court or willful breach of an undertaking given to a court
• CRIMINAL CONTEMPT: publication of any matter or doing an act which – Scandalizes or lowers the authority of court + Prejudices or interferes with the due course of judicial proceedings + Interferes or obstructs the administration of justice in any other manner.
• NOT AMOUNT TO THE CONTEMPT OF COURT: Innocent publication and distribution of some matter + fair and accurate report of judicial proceedings + fair and reasonable criticism of judicial acts + comment on administrative side.

• It decides the disputes regarding the election of the president and the vice-president. In this regard, it has the original, exclusive and final authority.
• Enquires into the conduct and behaviour of the chairman and members of the UPSC on a reference made by the president – Advice by SC binding on the president.
• power to review its own judgement or order.
• Its law is binding on all courts in India.

NOTE: The Supreme Court’s jurisdiction and powers with respect to matters in the Union list can be enlarged by the Parliament.