SUPREME COURT & PARLIAMENTARY PROVISIONS – CONSOLIDATED NOTES (ARTICLES 121–146)

1. Parliamentary Restrictions & Judicial Independence

Article 121 provides that no discussion shall take place in Parliament regarding the conduct of a Judge of the Supreme Court or High Court in the discharge of duties, except during a motion for removal (impeachment).Article 122 establishes that courts cannot inquire into proceedings of Parliament on the ground of procedural irregularity, and officers or members of Parliament exercising procedural powers are immune from court jurisdiction in such matters.

2. Establishment, Composition & Appointment of Supreme Court

Article 124 deals with the establishment and constitution of the Supreme Court, consisting of the Chief Justice of India (CJI) and other Judges (number determined by Parliament). Judges are appointed by the President and hold office until 65 years of age.

Qualifications of Judges

A person must:

• Be a citizen of India, and
• Have been:
  • A High Court Judge for 5 years, OR
  • An Advocate for 10 years, OR
  • A distinguished jurist (as per President’s opinion)

Tenure & Removal

• Judges can resign to the President
• Removal only by:
  • President’s order, after
  • Address by both Houses of Parliament
  • Supported by:
    • Majority of total membership, AND
    • 2/3rd of members present and voting
  • Grounds: Proved misbehaviour or incapacity

Other Provisions

• Oath administered before entering office (Third Schedule)
• Post-retirement restriction: Cannot practice in any court or authority in India

3. Parliamentary Power & Judicial Appointments

Article 124C empowers Parliament to regulate procedures related to:

• Appointment of Judges
• Functioning of the appointment mechanism

4. Salaries, Acting CJI & Ad Hoc Judges

Article 125 provides that salaries, allowances, and privileges of Judges are determined by Parliament and cannot be altered to their disadvantage after appointment.Article 126: The President appoints an Acting Chief Justice when the office is vacant or CJI is unable to perform duties.Article 127: Ad hoc Judges can be appointed when there is lack of quorum, from High Court Judges.Article 128: Retired Judges can be requested to sit and act as Judges of the Supreme Court with their consent.

5. Nature, Seat & Jurisdiction of Supreme Court

Article 129 declares the Supreme Court as a Court of Record, with power to punish for contempt.Article 130 states that the seat of the Supreme Court is Delhi, but may sit elsewhere with President’s approval.

Original Jurisdiction

Article 131 provides exclusive original jurisdiction in disputes between:

• Centre and States
• Centre and States vs other States
• States vs States
  Provided the dispute involves a legal right

Appellate Jurisdiction

Article 132: Appeals in cases involving substantial question of law (Constitution interpretation)Article 133: Appeals in civil matters, requiring:

• Substantial question of law of general importance
• Certification by High Court

Article 134: Appeals in criminal matters, including:

• Death sentence cases
• High Court certification

Article 134A: High Court grants certificate for appeal

Other Jurisdictional Powers

Article 135: Supreme Court exercises Federal Court powers (pre-Constitution cases)Article 136: Special Leave Petition (SLP) allows SC to hear appeals from any court/tribunal (except armed forces)Article 137: Supreme Court has power to review its own judgments

6. Enlargement & Writ Powers

Article 138: Parliament may extend SC jurisdictionArticle 139: Parliament may confer writ powers (like HC) beyond Article 32Article 139A: Supreme Court can:

• Transfer cases involving same legal question
• Move cases between High Courts

7. Powers, Binding Nature & Complete Justice

Article 140: Parliament may grant ancillary powersArticle 141: Law declared by Supreme Court is binding on all courtsArticle 142: Supreme Court can pass orders to ensure complete justice, enforceable across India

8. Advisory & Support Functions

Article 143: President may seek advisory opinion of Supreme Court on questions of law or public importanceArticle 144: All authorities (civil & judicial) must act in aid of Supreme Court

9. Procedure & Functioning of Supreme Court

Article 145 empowers the Supreme Court to make rules for practice and procedure, including:

• Appeals
• Enforcement of Fundamental Rights
• Review procedures
• Bail, stay, costs, etc.

Important Provision

• Minimum 5 Judges (Constitution Bench)required for:
  • Substantial question of constitutional interpretation
  • Presidential reference (Art 143)
• Judgments:
  • Delivered in open court
  • By majority decision
  • Dissenting opinions allowed

10. Administration & Expenses

Article 146:

• Appointments of staff made by CJI
• Service conditions determined by rules
• Expenses charged on Consolidated Fund of India

FINAL REVISION POINTS

• Art 121 → No discussion on judges (except removal)
• Art 122 → Courts cannot question Parliament procedure
• Art 124 → Appointment + removal + qualifications
• Art 129 → Court of Record
• Art 131 → Original jurisdiction
• Art 136 → SLP (very important)
• Art 141 → Binding law
• Art 142 → Complete justice
• Art 143 → Advisory jurisdiction
• Art 145 → Constitution Bench (5 judges)