SUPREME COURT

Table of Contents

• Establishment of Supreme Court
• Eligibility Criteria
• Removal of Judges
• Oath & Restrictions
• Appointment of Ad Hoc Judges
• Jurisdiction of Supreme Court
  • Original Jurisdiction
  • Writ Jurisdiction
• Appellate Jurisdiction
  • Constitutional Matters
  • Civil Matters
  • Criminal Matters
• Special Leave to Appeal
• Advisory Jurisdiction
• Other Key Articles

Establishment of Supreme Court (Article 124)

Constitution: Article 124(1) mandates that there shall be a Supreme Court of India consisting of the Chief Justice and up to 33 other judges (initially the number of judges were 7).

Appointment: As per Article 124(2), every judge of the Supreme Court is appointed by the President and shall hold office until the age of 65. A judge may:

• Resign by writing to the President
• Be removed in the manner specified under Article 124(4)

Determination of Age: Article 124A empowers Parliament to determine the age of Supreme Court judges.

Eligibility Criteria (Article 124(3))

To be appointed a judge of the Supreme Court, a person must be:

• A citizen of India
• Either a Judge of a High Court (or two or more such courts in succession) for at least 5 years, or
• An advocate of a High Court (or two or more such courts in succession) for at least 10 years, or
• In the opinion of the President, a distinguished jurist

Removal of Judges (Article 124(4))

A judge may be removed by the President following an address passed by both Houses of Parliament, in the same session, supported by a special majority, on the grounds of proven misbehavior or incapacity.

Oath & Restrictions

• Oath (Article 124(6)): Judges of Supreme court must swear an oath before the President.
• No Practice After Office (Article 124(7)): A retired Supreme Court judge cannot plead or act in any court or authority in India.

Appointment of Ad Hoc Judges (Article 127)

If there is no quorum of judges in the Supreme Court, the Chief Justice may, with the consent of the President and the Chief Justice of the concerned High Court, appoint a High Court judge as an ad hoc judge. During this tenure, the judge exercises full powers and privileges of a Supreme Court judge.

Jurisdiction of the Supreme Court

Original Jurisdiction (Article 131)

The Supreme Court has exclusive original jurisdiction in disputes involving:

• The Government of India and one or more States
• Two or more States
• Centre and State(s) on one side and other State(s) on the other

Note: This jurisdiction does not apply to treaties or agreements made before the Constitution’s commencement.

Writ Jurisdiction (Article 32)

Individuals can approach the Supreme Court for enforcement of Fundamental Rights. The Court can issue writs, directions, or orders to enforce these rights.

Appellate Jurisdiction

1. Constitutional Matters (Article 132)

• Appeals from High Court judgments involving substantial constitutional questions can be made in supreme court with High Court certification.
• Article 132(3) provides When the certificate is given any party may appeal to supreme court on ground that any constitutional question has been wrongly decided.

2. Civil Matters (Article 133)

• Article 133(1) provides that an appeal shall lie in supreme court from any judgement decree or final order of high court(if high court certifies that)
• That case involves a substantial question of law of general importance and
• In the opinion of high court the said question needs to be decide by supreme court.
• Article 133(2) provides that any party appealing may urge grounds in the appeal if any susbstantial question of law as to interpretation of constitution is wrongly decided.
• No appeal shall lie to supreme court from judgement, decree or final order of one judge of High court except provided by any law made by parliament.

3. Criminal Matters (Article 134)

Article 134(1) provides that an appeal shall lie to supreme court from any judgement, final order or sentence in criminal proceeding of high court if

• High Court reverses acquittal and sentences the accused to death
• High Court withdraws trial before itself any case from any court subordinate to its authority and convict accused and sentenced him to death.
• High Court certifies the case fit for appeal (Article 134A)

Parliament may further extend appellate jurisdiction under Article 134(2).

Special Leave to Appeal (Article 136)

Clause (1): Supreme Court may grant special leave to appeal against any judgment, order, or sentence passed by any court or tribunal in India.

Clause (2): This provision does not apply to courts/tribunals related to the Armed Forces.

Advisory Jurisdiction (Article 143)

Article 143 provides that if it appears to the president that a question of law of or fact has been arisen or likely to arise which is of public importance, then he may obtain the opinion of supreme court, or may refer question to court and supreme court after proper hearing give report to the president.

Other Key Articles

• Article 129 – Court of Record: The Supreme Court is a court of record and has the power to punish for contempt of court.
• Article 130 – Seat of the Court: The Court normally sits in Delhi, but can sit elsewhere with the President’s approval on the Chief Justice’s recommendation.
• Article 137 – Power of Review: Supreme Court can review its own judgments and orders.
• Article 141 – Law Binding on All: The law declared by the Supreme Court is binding on all courts in India.