SUPREME COURT

SUPREME COURT

PART V – CHAPTER IV (ART 124 – 147)

SUPREME COURT

NUMBER OF JUDGES

Parliament by law to prescribe the number.

originally– C and 7 Supreme court judges

Currently–Chief justice of india and 33 Supreme court judges

Note: In HCs, the number is decided by the President.

APPOINTMENT

Every Judge of the Supreme Court shall be appointed by
the President by warrant under his hand and seal after
consultation with such of the Judges of the Supreme Court
and of the High Courts in the States as the President may
deem necessary for the purpose and shall hold office until
he attains the age of sixty five years………………..in constitution.

Important Cases

1. S.P. Gupta Case -1982
   (1st Judges case)
2. SC Advocates on record Association Case – 1993
   (2nd Judges case)
3. Presidential Reference under Art 143 – 1998
   (3rd Judges case)

THE COLLEGIUM SYSTEM

1. The senior most supreme court judge become the Chief justice of india.
2. The selection comission consists of CJI and 4 supreme court judges
3. The president on the recommendation of the commision will select the persons to supreme court judge

NOTE: the CJI has veto power and out of 5, four should accept him has a judge

CRITIQUE

• Process is opaque.
• Allegations of favoritism and
  bias.
• Results in huge vacancies
• Affects federalism
• Amounts to rewriting the
  Constitution
• Judicial monopoly over
  appointments not seen in
  any democracy.

99th Constitutional Amendment, 2014 (National Judicial Appointments Commission)

• Art 124A: Creation of NJAC
  -Members:
  -Chief Justice of India, Chairperson
  -2 other senior-most SC Judges
  -Law Minister
  -2 eminent persons (Chosen by PM, CJI, LOP(LS))
• Art 124B: Functions of NJAC: Recommend
  -Persons for appointment as CJI, CJ (HCs),
  Judges (SC, HCs)
  -Transfer of HC Judges

SC Advocates on Record Case, 2015

• 99th Amendment Act’14 struck down
• Reasons:
  -Violation of Basic Structure (Independence of judiciary)
  -No Veto for CJI
  -Inclusion of Executive
  -No criteria for eminent persons

By Ambedkar In Constitutional Assembly

“With regard to the question of the
concurrence of the Chief Justice, it seems
to me that those who advocate that
proposition seem to rely implicitly both on
the impartiality of the Chief Justice and the
soundness of his judgment. I personally feel no doubt that the Chief Justice is a very
eminent, person. But after all the Chief
Justice is a man with all the failings, all the
sentiments and all the prejudices which we
as common people have; and I think, to
allow the Chief Justice practically a veto
upon the appointment of judges is really to
transfer the authority to the Chief Justice
which we are not prepared to vest in the
President or the Government of the day. I
therefore, think that is also a dangerous
proposition.”

PROCESS OF REMOVAL

• GROUND: Misbehaviour/Incapacity
• MANNER: Judges (Inquiry) Act’1968
• Parliament can remove the Judges of SC & HC
  through special majority.

JUDGES (INQUIRY) ACT’68

1. 100 MPs (LS) or 50 MPs (RS) may submit the notice to
   Presiding Officer for removal.
2. Presiding Officer may accept or reject the notice.
3. If accepted, a committee is constituted consisting of 3
   members (judges of SC, CJs of HC, distinguished jurist).
4. If the committee finds the judge guilty, the report is sent
   to the presiding officer.
5. Voting takes place in both the houses separately.
6. If approved by majority of the members (2/3rd present &
   voting + more than 50% of the total strength), the judge
   shall stand removed after the assent of the President.

Salary & Oath

• Salary – Schedule II
• Oath – Schedule III

Note: No person who has held office as a
Judge of the Supreme Court shall plead or
act in any court or before any authority
within the territory of India.

Retired Judges & Ad hoc judges

Ad hoc judges

• If Quorum in SC is not met,
  CJI can order HC judges to
  attend the SC
• Conditions:
  -Prior permission of President
  -Consultation with CJ(HC)
  -Judge should be qualified to be
  appointed as SC judge

Retired Judges

• CJI can order retired SC/HC
  judges to attend the SC
• Conditions:
  -Prior permission of President
  -Retired HC Judge should be
  qualified to be appointed as
  SC judge

Court of Records

• Verdicts have evidentiary value
• Judgments are used as precedents by lower courts.
• 
  Special Features of CoRs:
• Power to review one’s own decisions
• Power to punish for contempt.

Seat of SC

• Supreme Court shall sit in Delhi.
• Can sit in other place(s) – Chief Justice of India may
  decide (with President’s approval)

Jurisdiction of SC

1.Case involves interpretation of the Constitution.

2. Case involves a substantial question of law of general importance.

3. HC reversed lower court’s judgement and gave a punishment of not less than 10 years.

Special Leave Petition

• Supreme Court may grant special leave to appeal from
  any judgment, order etc. in any cause or matter passed
  or made by any court or tribunal in the territory of India.

Revisory jurisdiction

• Supreme Court shall have power to review any judgment
  pronounced or order made by it.

Other Important Provisions

• Art 138: SC’s jurisdiction can be
  enlarged by the Parliament
• Art 139A: SC can transfer cases from
  one HC to another or to itself.
• Art 141: The law declared by the
  Supreme Court shall be binding on all
  courts within the territory of India.

Absolute Powers of SC

Art 142
The Supreme Court in the exercise of its jurisdiction may
pass such decree or make such order as is necessary for
doing complete justice in any cause or matter pending
before it, and any decree so passed or order so made shall
be enforceable throughout the territory of India

Art 145: Rules of Supreme Court

• With the approval of the President, SC can make
  rules for regulating generally the practice and
  procedure of the Court.
• Minimum number of judges to decide on matters
  of interpretation of the Constitution or matters
  under Art 143 shall be 5.
• All decision to be given by a majority judgement.