SUPREME COURT OF INDIA

Introduction

The Supreme Court of India is the highest judicial authority in the country and occupies the apex position in the integrated judicial system established by the Indian Constitution. Unlike the American system, India follows a single integrated judiciary with the Supreme Court at the top and High Courts and subordinate courts below it. The Supreme Court acts as the final interpreter and guardian of the Constitution, protector of Fundamental Rights, highest court of appeal, and adviser to the President in constitutional matters.The Supreme Court was inaugurated on 28 January 1950. It succeeded the Federal Court of India established under the Government of India Act, 1935, and also replaced the Judicial Committee of the Privy Council as the highest court of appeal. Articles 124 to 147 in Part V of the Constitution deal with the organisation, independence, jurisdiction, powers, procedures and related provisions of the Supreme Court.

ARTICLES RELATED TO THE SUPREME COURT

COMPOSITION OF THE SUPREME COURT

Initially, the Supreme Court consisted of one Chief Justice and seven other judges. Parliament gradually increased the strength of judges over time.

Chronology of Increase in Strength

In 2019, the Supreme Court (Number of Judges) Amendment Act increased the strength from 31 to 34, including the Chief Justice of India.

APPOINTMENT OF JUDGES

The judges of the Supreme Court are appointed by the President of India.The Chief Justice of India is appointed by the President after consultation with such judges of the Supreme Court and High Courts as he considers necessary. In the appointment of other judges, the President consults the Chief Justice of India and other judges considered necessary.

Appointment of Chief Justice of India

From 1950 to 1973, the senior-most judge of the Supreme Court was appointed as the Chief Justice of India. This convention was violated in 1973 when A.N. Ray was appointed by superseding three senior judges. Again in 1977, M.H. Beg was appointed by superseding Justice H.R. Khanna.Later, the Supreme Court restored the convention of appointing the senior-most judge as the Chief Justice of India.

JUDGES CASES AND COLLEGIUM SYSTEM

First Judges Case (1982)

The Supreme Court held that the term consultation does not mean concurrence.

Second Judges Case (1993)

The Court reversed its earlier decision and held that consultation means concurrence. The opinion of the Chief Justice of India gained primacy.

Third Judges Case (1998)

The Court clarified that the Chief Justice of India must consult a collegium of four senior-most judges of the Supreme Court. If even two judges give an adverse opinion, recommendation should not be sent to the government.

NJAC AND FOURTH JUDGES CASE

The 99th Constitutional Amendment Act, 2014 and the National Judicial Appointments Commission Act, 2014 replaced the collegium system with NJAC.However, in 2015, the Supreme Court declared both the Constitutional Amendment and the NJAC Act unconstitutional and void, restoring the collegium system. This judgment is known as the Fourth Judges Case (2015).

QUALIFICATIONS OF JUDGES

A person appointed as a judge of the Supreme Court must:

1. Be a citizen of India.
2. Have been a judge of a High Court for five years; or
3. Have been an advocate of a High Court for ten years; or
4. Be a distinguished jurist in the opinion of the President.

The Constitution has not prescribed any minimum age for appointment.

OATH OF JUDGES

Before entering office, a judge takes oath before the President or a person appointed by him. The judge swears:

• True faith and allegiance to the Constitution.
• To uphold sovereignty and integrity of India.
• To perform duties without fear or favour.
• To uphold the Constitution and laws.

SALARIES AND ALLOWANCES

The salaries, allowances, leave and pension of judges are determined by Parliament. Their conditions of service cannot be changed to their disadvantage except during a financial emergency.In 2018:

Retired Chief Justices and judges receive pension equal to 50% of last drawn salary.

TENURE OF JUDGES

A Supreme Court judge:

• Holds office till the age of 65 years.
• May resign by writing to the President.
• May be removed by the President on recommendation of Parliament.

REMOVAL OF JUDGES

A judge can be removed only on grounds of:

• Proved misbehaviour
• Incapacity

The removal process requires a special majority in both Houses of Parliament.

Removal Procedure

1. Removal motion signed by:
   • 100 members in Lok Sabha, or
   • 50 members in Rajya Sabha.
2. Speaker/Chairman may admit or reject motion.
3. A three-member committee investigates charges.
4. Committee includes:
   • A Supreme Court judge,
   • Chief Justice of High Court,
   • Distinguished jurist.
5. If guilt is proved, Parliament considers motion.
6. Both Houses must pass motion by special majority.
7. President issues removal order.

Justice V. Ramaswami Case

The first impeachment attempt was against Justice V. Ramaswami (1991–1993). Though the committee found him guilty of misbehaviour, the motion failed in Lok Sabha due to abstentions.No Supreme Court judge has been successfully impeached so far.

ACTING, AD HOC AND RETIRED JUDGES

Acting Chief Justice

The President may appoint a judge as Acting Chief Justice when:

• Office of Chief Justice is vacant,
• Chief Justice is absent,
• Chief Justice is unable to perform duties.

Ad Hoc Judge

If there is lack of quorum, the Chief Justice may appoint a High Court judge temporarily with approval of the President and consent of the Chief Justice of the concerned High Court.

Retired Judge

The Chief Justice may request a retired Supreme Court or High Court judge to sit and act as a judge of the Supreme Court temporarily.

SEAT AND PROCEDURE OF THE COURT

The Constitution declares Delhi as the seat of the Supreme Court. However, the Chief Justice of India may appoint another place as seat with approval of the President.Constitutional cases under Article 143 are decided by a bench of at least five judges.Judgments are delivered in open court and decided by majority.

INDEPENDENCE OF THE SUPREME COURT

The Constitution provides several safeguards to ensure judicial independence.

Safeguards

1. Mode of Appointment
2. Security of Tenure
3. Fixed Service Conditions
4. Expenses charged on Consolidated Fund of India
5. Conduct of Judges cannot be discussed in Legislature except during impeachment
6. Ban on practice after retirement
7. Power to punish for contempt
8. Freedom to appoint staff
9. Jurisdiction cannot be curtailed
10. Separation from Executive

JURISDICTION AND POWERS OF SUPREME COURT

The Supreme Court has extensive jurisdiction and powers:

1. Original Jurisdiction
2. Writ Jurisdiction
3. Appellate Jurisdiction
4. Advisory Jurisdiction
5. Court of Record
6. Judicial Review
7. Constitutional Interpretation
8. Other Powers

ORIGINAL JURISDICTION

The Supreme Court has exclusive original jurisdiction in disputes:

• Between Centre and states,
• Between Centre and states on one side and other states on the other,
• Between two or more states.

This jurisdiction is:

• Exclusive → no other court can decide such disputes.
• Original → cases come directly to Supreme Court.

Excluded Matters

Original jurisdiction does not extend to:

• Pre-Constitution treaties,
• Certain treaty disputes,
• Inter-state water disputes,
• Matters referred to Finance Commission,
• Adjustment of expenses and pensions,
• Commercial disputes,
• Recovery of damages by a state against Centre.

West Bengal vs Centre (1961)

West Bengal challenged the Coal Bearing Areas Act, 1957. The Supreme Court upheld the validity of the Act.

WRIT JURISDICTION

The Supreme Court is guardian of Fundamental Rights and can issue writs:

• Habeas Corpus
• Mandamus
• Prohibition
• Certiorari
• Quo Warranto

An aggrieved citizen can directly approach the Supreme Court for enforcement of Fundamental Rights.The Supreme Court’s writ jurisdiction is original but not exclusive because High Courts also possess writ powers.

APPELLATE JURISDICTION

The Supreme Court is the highest court of appeal.

Types of Appeals

1. Constitutional matters
2. Civil matters
3. Criminal matters
4. Special Leave Appeals

Constitutional Appeals

Appeal lies if High Court certifies that case involves substantial constitutional interpretation.

Civil Appeals

High Court must certify:

• Substantial question of law of general importance,
• Need for Supreme Court decision.

Originally only cases involving ₹20,000 could be appealed. This monetary limit was removed by the 30th Constitutional Amendment Act, 1972.

Criminal Appeals

Appeal lies if High Court:

• Reverses acquittal and awards death sentence,
• Withdraws case and awards death sentence,
• Certifies case fit for appeal.

In 1970, Parliament enlarged criminal appellate jurisdiction to include imprisonment for life or ten years.

SPECIAL LEAVE TO APPEAL (ARTICLE 136)

The Supreme Court may grant special leave against judgment of any court or tribunal except military courts.Features:

• Discretionary power,
• Applies to constitutional, civil and criminal matters,
• Covers judgments whether final or interlocutory,
• Extraordinary appellate power.

ADVISORY JURISDICTION (ARTICLE 143)

The President may seek Supreme Court opinion on:

• Questions of law,
• Public importance,
• Pre-Constitution treaties and agreements.

The opinion is advisory and not binding.

Presidential References

COURT OF RECORD

As a Court of Record, the Supreme Court:

1. Keeps permanent records.
2. Records act as evidence and precedent.
3. Has power to punish for contempt.

Contempt may be:

• Civil contempt,
• Criminal contempt.

Punishment may include imprisonment up to six months or fine.

POWER OF JUDICIAL REVIEW

Judicial review means power to examine constitutionality of laws and executive actions. If found violative of Constitution, they can be declared unconstitutional and void.

CONSTITUTIONAL INTERPRETATION

The Supreme Court is final interpreter of the Constitution and applies several doctrines.

Important Doctrines

1. Doctrine of Severability
2. Doctrine of Waiver
3. Doctrine of Eclipse
4. Doctrine of Territorial Nexus
5. Doctrine of Pith and Substance
6. Doctrine of Colourable Legislation
7. Doctrine of Implied Powers
8. Doctrine of Incidental and Ancillary Powers
9. Doctrine of Precedent
10. Doctrine of Occupied Field
11. Doctrine of Prospective Overruling
12. Doctrine of Harmonious Construction
13. Doctrine of Liberal Interpretation

OTHER POWERS OF SUPREME COURT

The Supreme Court:

• Decides disputes regarding election of President and Vice-President.
• Inquires into conduct of UPSC chairman and members.
• Reviews its own judgments.
• Transfers cases between High Courts.
• Declares law binding on all courts.
• Enforces decrees and orders throughout India.

SUPREME COURT ADVOCATES

Categories of Advocates

COMPARISON: INDIAN AND AMERICAN SUPREME COURTS

IMPORTANT CASES CHRONOLOGY

IMPORTANT ARTICLES FOR PRELIMS