SUPREME COURT

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

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 govern by The Judges Enquiry Act (1968).

JUDGES ENQUIRY ACT 1968:

• Removal motion : signed by 100 members (Lok Sabha) or 50 members (Rajya Sabha ) à given to chairperson of the respective houses
• If admitted by chairperson à 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 à 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.

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

AD HOC JUDGE:

• when lack of quorum of permanent judges to hold or continue any session of the supreme court,à 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 judge of supreme court.

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

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

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

INDEPENDENCE OF SUPREME COURT

• 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

ORIGINAL JURISDICTION (ART.131):

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 don’t extend to such a dispute.

• Interstate water dispute

• Matters referred to Finance Commission Etc.

WRIT JURISDICTION (ART. 32):

• 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 high court is wider than supreme court.
• NOTE – SC can issue writs only for FR and not “for any other purpose”. This makes writ jurisdiction of HC wider than SC.

APPELLATE JURISDICTION :

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 :

o Has on appeal reversed an order of acquittal of an accused person and sentenced him to death

o Has taken before itself any case from any subordinate court and convicted the accused person and sentenced him to death

o Certifies that the case fit one for appeal to the supreme court

APPEAL BY SPECIAL LEAVE (ART. 136)

• 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.

ADVISORY JURISDICTION (ART. 143)

Two categories of matter :

1. On any question of law or fact of public importance which has arisen or which is likely to arise à 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 à SC must give advice.

NOTE: President may or may not follow the opinion.

COURT OF RECORD:

1. Evidentiary value +cannot be questioned by any court

2. Legal precedents +references

CONTEMPT OF COURT:

• CRIMINAL CONTEMPT: publication of any matter or doing an act which à 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.

OTHER POWERS:

• 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 à 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.