Supreme Court

 

Introduction :

The Supreme court is the highest Court of appeal in India.

• It consists of chief justice of India and judges appointed by the president.
• Parliament has the power to increase the number of judges. It is not considered as the constitutional amendment act. it can be increased by passing ordinary bills.

Qualifications :

1.citizen of India

2. five years experience as a judge of a high court or two or more such courts

or

10 years experience as an advocate of a High court or two or more such courts

or

3.In the opinion of the president a distinguished jurist.

Appointment :

• According to article 124 of the constitution, every judge is appointed by the president after consultation with judges of the supreme court if he deemed necessary.
• In case judges other than the chief justice of India president always consult CJI.
• In the first judge's case, the Supreme court gives judgment as consultation does not mean concurrence.
• In the second judge's case, the Supreme court says consultation means concurrence president must take CJI advice.

president refer the matter to the supreme for clarification

Re appointment of judges (1998):

Supreme court says

• for the appointment of judges of the supreme court, the president must take the opinion of CJI & 4 Senior judges of the supreme court.
• for the appointment of judges of the high court, the president must take the opinion of CJI & 2 Senior judges of the supreme court.
• for the Transfer of judges of the high court, the president must take the opinion of CJI & 4 Senior judges of the supreme court and 2 chief justice of high courts.

This is called the collegium system.

Impeachment :

• the president can remove the judges by passing a resolution in parliament with a special majority.
• Grounds for removal are proved misbehavior and incapacity.

Judges inquiry act 1968

• To introduce a resolution in Lok Sabha 100 members must be signed.
• To introduce a resolution in Rajya Sabha 50 members must sign.
• Speaker may or may not accept the resolution.
• 14 days notice has to give to judge.
• Speaker constitutes 3 member committee to inquire into charges (CJI or Judge of SC nominated by CJI, chief justice of the high court, or a judge nominated by CJH, distinguished jurist.
• If the charge is not proved parliament can not move resolution if proved parliament may or may not move a resolution.

Jurisdiction of the supreme court :

original jurisdiction :

A court has original jurisdiction when it has the authority to hear and determine a case in the first instance.

• Any disputes

1. b/w the government of India and one or more states (or)
2. b/w the government of India and any state or states (or)
3. b/w two or more states.

Appellate jurisdiction:

• Supreme court has appellate jurisdiction on civil, criminal and constitutional cases
• The high court must certify that the case is fit for appeal.
• In criminal cases, a person sentenced death in lower courts can appeal to the high court or supreme court.
• It does not grant a certificate for appeal .supreme court can grant special leave petition (SLP). It is the discretionary power of the supreme court so it cannot be claimed as of right (SPL cannot grant for court martial ).

Advisory jurisdiction:

• President can refer any matter to the supreme court. SC may or may not give its advice )
• If a pre-constitutional treaty in preferred to the Supreme court is binding on the supreme court to give advice.

Review jurisdiction:

• Article 137: supreme court can review any judgment or order made by it.

Writ jurisdiction:

• It can issue the writs Habeas corpus, mandamus, prohibition, Quo warranto, certiorari.
• The high court can also issue writs.