INTRODUCTION
- The Supreme Court is a Constitutional body under Article 124 of our Constitution.
- The Supreme Court is the Guardian of our constitution, the Highest Constitution Court, the Final Court of Appeal and the Highest Judicial forum.
- Originally, the strength of the Supreme Court was 1 + 7 = 8 (1 Chief Justice and 7 Judges). The Present strength is 1 + 33 = 34 (1 Chief Justice and 33 Judges).
- The Supreme Court was established on 28th January, 1950 and replaced the Federal Court of India. Before the Federal Court of India, the Privy Council used to be the Highest Court of India.
MOTTO
The Motto of Supreme Court is Whence Law (Dharma), Thence Victory (Yatho Dharma Statho Jaya) meaning that when law or dharma (rightiousness) is there, then there is victory.
APPOINTMENT OF CHIEF JUSTICE AND JUDGES OF SUPREME COURT
The Chief Justice and the Judges of the Supreme Court are appointed by the President. The Supreme Court collegiums consists of Chief Justice of India & 4 senior-most Judges of the Supreme Court and this collegiums recommends the names for the appointment as the
- Chief Justice of India,
- the judges of the Supreme Court,
- the Chief Justice of various High Courts
- the judges of various High Courts
- the transfer of Chief Justice & the Judges of a High Court from one High Court to another.
OATH OF OFFICE
Oath of office to the Chief Justice of India is administrated by the President and the oath of office to the Judges of Supreme Court is administered by the Chief Justice of India.
TENURE
The Tenure of the Chief Justice of India and other judges of the Supreme Court is upto the age of 65 years. The Tenure is fixed. The Removal before completion of the tenure is not possible. The only exception is Removal by the Parliament. (The word ‘impeachment’ is not used here as it is used only for the removal of the President)
A Removal motion to remove a judge of SC can be introduced in either house of the Parliament and has to be passed by both houses separately by 2/3rd (Special majority).
IMPORTANT POINTS
- Justice H.J. Kania was the first Chief Justice of India.
- The 47th Chief Justice of India was Justice Sharad Arvind Bobde, the 48th Chief Justice of India was Justice N.V. Ramana and the 49th Justice U U Lalit.
- Bibi Fatima was 1st woman Judge of Supreme Court.
- Justice Mrs. Leila Seth was the first woman Chief Justice of a High Court (Himachal Pradesh) in India .
- Chief Justice of India Hidayatullah once held the post of Acting President in 1969 and later he was also elected as Vice-President of India and served the country during 1979 – 1984.
JURISDICTION
The Jurisdiction of the Supreme Court can be classified under 3 categories as:
Jurisdiction
Original Appellate Advisory
(1) Original Jurisdiction
The following areas comes under the Original Jurisdiction of the Supreme Court:
- Any dispute between the Centre and one or more States or a dispute among two or more states is resolved by Supreme Court.
- The Direct transfer of Civil or Criminal Case from one High Court to another.
- Under Article 32 (Right to Constitutional Remedies) any Indian citizen can approach the Supreme Court for the protection of his Fundamental Rights, if they are violated or breached by any action of the Government. The Supreme Court can protect our Fundamental Rights by issuing five different types of writs – Habeas Corpus, Mandamus, Certiorari, Prohibition & Quo-warranto. ( We can also move High Court for protection of our Fundamental Rights under Article 226. Similarly High Court can issue the five types of writs to protect our Fundamental Rights.)
- If in the opinion of the Supreme Court, a matter is of National importance and it should be decided by the Supreme Court then it can direct various High Courts to transfer all such cases to the Supreme Court and then it alone will decide the matter to avoid the multiplicity of the decisions. Recently, the Supreme Court has directed all High Courts to transfer all Petitions relating to same sex marriage to it.
- Constitutional Review – The Supreme Court can review the provisions of our constitution and can make/dictate necessary changes.
- Self-cognisance – The Supreme Court can take self-cognisance on any matter of local or national importance.
- It may dictate the parliament to make laws on any specific subject.
- Under the Arbitration and Conciliation Act 1996, the International Commercial Arbitration can also be initiated in the Supreme Court.
(2) Appellate Jurisdiction
- The decision of a High Court in both Civil/Criminal case can be challenged in the Supreme Court if certified by the High Court.
- If in the opinion of the High Court in a Civil case that a matter is of National Importance and it should be decided by the Supreme Court, the same can be transferred to the Supreme Court.
- In Criminal case, if the High Court awards ten years of imprisonment, more than 10 years of imprisonment, life imprisonment or death penalty to a person earlier not convicted by the lower Court then that Criminal case will be referred to the Supreme Court. No certification by High Court is needed.
- Supreme Court can accept appeal on its own discretion against the decision of any court or tribunal in India.
(3) Advisory Jurisdiction (ARTICLE 143)
The President can seek legal advice on any question of National or International importance from the Supreme Court. This process is known as Presidential reference to the Supreme Court of India. We have borrowed this feature in our Constitution from the Canadian Constitution
The Supreme Court is not under an obligation to answer the questions put to it but it has to give valid reasons if it decides not to answer. The minimum number of Judges on bench of advisory opinion on the reference by the President must be one half of the total strength of Supreme Court.
In Delhi Laws Act Case, Cauvery River Water Dispute Case etc., legal advice was given by the Supreme Court to the President but in Ismail Faruqi vs Union of India, the case regarding Ram Janmbhoomi – Babri Masjid Dispute, the Supreme Court did not provide legal advice to the President. The Supreme Court contended that the Presidential reference seeking the Court’s opinion on whether there was initially a temple where the Babri Masjid later stood was unnecessary and superfluous and also against the concept of secularism favouring one religious section over another and hence, doesn’t need to be answered.
Some of other cases that were referred to the Supreme Court for legal advice by the President include Kerala Education Bill, Beru Bari Case, Sea Customs Act, Special Court Reference Case, Special Courts Bill etc.
WRITS
The Supreme Court under Article 32, (Fundamental Right to Constitutional Remedies) can issue five different types of writs to protect our Fundamental Rights. Writs are issued against lower courts, Tribunals, Govt. Authorities etc. and generally not against private individuals, bodies, organisations, etc but in exceptional circumstances, writs can be issued against private individuals, bodies & organisations too. These writs are as:
- Habeas Corpus (Produce the body) – to release a person who has been detained unlawfully.
- Mandamus (we order/we command) – to secure the performance of Public duties by lower courts, tribunals or public authority.
- Certiorari (we certify) – we certify that this case is fit to be reviewed. Review the case so that justice can be granted to the victim.
- Prohibition (To Prohibit) – to prohibit an inferior court from continuing the proceedings in a particular case where it has no jurisdiction to try.
- Quo Warranto (By What Authority) – to restrain a person from holding a public office to which he is not entitled.
CURRENT EVENTS
- The present Chief Justice of India is Justice Dhananjaya Y Chandrachud, He is the 50th He was administered the oath of office by the President Mrs. Draupadi Murmu on 9th Nov 2022. The 49th CJI Justice U U Lalit retired on 8th November, 2022. He recommended the name of Justice Dhananjaya Y Chandrachud as his successor. This is a convention that retiring CJI recommends the name of his successor about a month before his retirement.
- Justice D Y Chandrachud’s father, Justice Y V Chandrachud also served as CJI during 1978 – 1985. He had the longest tenure as CJI of more than 7 years. (The shortest tenure as CJI was of Justice Kamal Narain Singh in 1991 of just 17 days).
- The Collegium of the Supreme Court recommended two names for appointment as new judges of Supreme Court. President Mrs Draupdi Murmu gave her accent on the recommendations of collegiums and appointed two new judges of Supreme Court. Chief Justice of India D Y Chandrachud administered the oath of office to two new judges on 13/2/23. The apex court now has four sitting women judges – the highest ever in its history.
- No woman till date has become Chief Justice of India and Justice B.V. Nagarathna may become 1st woman Chief Justice of India in September, 2027.
