Chapter 28: SUPREME COURT
Supreme Court is the
highest court of appeal. Constitution deals with
jurisdiction, independence, powers,
procedures and organization. Parliament can also
regulate them. It can increase
the number of judges. Parliament can’t curtail the
jurisdiction but expand it
Supreme Court has the power to punish for its
Appointment of judges
is done by the president. For the chief justice the
president consults as many
judges of the Supreme Court and high court as he may deem
necessary. For the
other judges he has to consult the chief justice of India
and as many other
judges of the S.C and H..C as he may deem necessary.
Conduct of the judges in
performance of their duties can’t be discussed in
parliament except when a
motion for their impeachment is being considered.
judges of the S.C:
should be a citizen of India
should fulfill at least one criteria from below:
He should be a judge of H.C in succession for 5 years
He should be an advocate of H.C in succession for 10 years
should be a distinguished jurist in the
opinion of the president.
Occupies office till
he attains the age of 65 yrs.
Can resign anytime in
writing to the president.
Can be removed by
president on recommendation of parliament.
of judges [Act of Parliament]:
A motion support
removal must be supported by 100 LS / 50 RS members. The
presiding officer may
or may not admit it. If admitted an inquiry committee
of Chief justice of India
or a Supreme Court judge; Chief justice of high court
and distinguished jurist
checks if judge is guilty; if the committee finds the
judge guilty then parliament
can pass a motion by special majority in both houses.
An address supported by
this motion must be presented to the president on the same
day. Then by a
presidential order the judge can be removed.
Acting Chief Justice or Adhoc S.C Judges
President can appoint
a S.C judge as acting chief justice if the Chief justice
is absent or can’t
perform his duties or the office is vacant.
The chief justice with
the previous consent of the president may appoint adhoc
judges to the Supreme
Court by nominating high court judges who are duly
qualified. The consultation
of the chief justice of the high court is also needed.
Also retired judges of
H.C or S.C can be appointed if their consent is there. But
he won’t be considered
as S.C judge.
Retired judges of S.C. are banned from
pleading or acting in any
court before any authority in India.
The C.J.I. can with the
approval of the president designate other seats of the
Jurisdiction of the Supreme Court
Original and exclusive
jurisdiction: Only the supreme court can adjudicate
matters of dispute between Centre
and one / more states on one hand and one / more states on
the other OR between
states OR between centre and one or more states. Election
disputes of president and vice president can be considered
by it only.
Writ jurisdiction: S.C
can issue writs for safeguarding or enforcing fundamental
rights if aggrieved
citizens approach it. The citizens can approach it
directly too. This
jurisdiction is concurrent to jurisdiction of H.C. However
the writ jurisdiction of H.C's are wider but unlike
Supreme courts they are discretionary powers.
jurisdiction: The final court of appeals means SC
can hear appeals of following
kinds Constitutional matters [H.C. certifies that an
interpretation to the
constitution is needed], Civil matters [H.C certifies that
of law is present], Criminal matters and Special leave. Special leave
jurisdiction is a discretionary
power that allows SC to admit an appeal on any judgment
of court or tribunal
except military tribunals.
Court of record: The
judgments of the S.C are legal precedents.
The S.C may give its opinion to the president
when asked about a question of law
or fact of public importance. S.C has to give its opinion
if asked about
disputes arising out of pre - constitution instruments.
Judicial review: The
final interpreter of the constitution. It can invalidate
laws or check their
constitutional validity. It is the guarantor of
fundamental rights and guardian of the constitution.
Principles of Natural Justice
- No one should be made a judge in his own cause.
- No one should be condemned unheard.
Q. In India, Judicial Review implies
the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders
the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures
the power of the Judiciary to review all the legislative enactments before they are assented to by the President.
the power of the Judiciary to review its own judgements given earlier in similar or different cases.
Ans . A
Judicial review is the power of SC to examine the Constitutionality of legislative enactments and executive orders of both union and state Government
Q.Who/Which of the following is the Custodian of the Constitution of India? (UPSC CSAT 2015)
The President of India
The Prime Minister of India
The Lok Sabha Secretariat
The Supreme Court of India
Ans . A
President of India takes the oath to “PRESERVE, PROTECT and DEFEND” the constitution of India and laws. Hence, he is the custodian of the constitution of India.
On the other hand, Supreme Court judges take the oath to “UPHOLD the constitution” and the laws. Hence, it is the Guardian of the constitution of India.
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