Supreme Court of India:
We all know the Indian Constitution was made by learning 60 countries’ Constitution. So unlike western countries’ rules, India too has its Judicial system with the Supreme Court at the top and high courts below it followed by district courts. So today we will have the Ultimate Guide to the Supreme Court of India.
History of Supreme Court of India:-
After the Battle of Plassey and Buxar Britishers started controlling Indian Regions. In 1773 they brought the regulating act of 1773 which introduced the 1st time Supreme Court of India in Calcutta.
When did the Supreme Court of India start working?
It was inaugurated on 28 January 1950 in Delhi.
Where is Supreme Court of India located?
Delhi. Also if the president and Chief Justice can place in India anywhere they want. Also, it is not Compulsory.
Article 124 to 147 in Part 5 belongs to the powers, procedures, working, rules, and regulations of the Supreme Court of India.
Organization of Supreme Court:-
Currently, the Indian Supreme Court has about 31 Judges which includes one Chief Justice of India and rest 30 other Judges.
Earlier in 1950 Indian Supreme Court just had 8 judges which included 1 chief Justice of India and rest 7 other Judges. Till date, 4 times the Supreme Court judges count has been increased.
Who appoints Judges of the Supreme Court of India?
The Chief Justice of India is appointed by President with a discussion with other judges of the Supreme Court and High Court.
The same way other judges of the Supreme Court are appointed by a discussion of President with the Chief Justice. So here President plays the role of KingMaker.
Who should be appointed as Chief Justice of India?
Two times the Indian Govt and President crossed its limit by not following the rule. As per rule, the senior–most Judge of the Supreme Court should be appointed as Chief Justice while in 1973 and 1977 this was not done.
In Second Judges Case (1993) Supreme Court strictly warned that the senior-most Judge should be only Chief Justice of India.
Requirements to be Judge of Supreme Court:-
1. He must be a citizen of India
2. He must law jurist in the opinion of President
3. He must have work with high court for 10 years as an advocate
4. He must have work with high court for 5 years as Judge
Acting Chief Justice of India:-
Acting Chief Justice is brought in these 3 conditions:-
1) Chief Justice of India is unable to perform his duties properly
2) Chief Justice of India is temporarily absent
3) Chief Justice of India is vacant
Oath of Chief Justice of India:-
He takes oath saying that he will follow the Constitution of India and her laws. Also, he will follow the sovereignty and integrity of India.
Time Period of Chief Justice of India:-
There is no fixed time how many years he will be Chief Justice. But there are some rules to be followed such as he holds office till his age 65.
Also, he can be removed from office by President on the recommendation of Parliament (Special Majority) known as the impeachment process.
Salaries and Allowance of Judges of Supreme Court:-
There is no fixed salary to them as it varies from Parliament. They also get many privileges, pension, and free service in telephone, car, medical e.t.c
In 2009 Chief Justice’s salary was increased from 33000 to 100000 while of other judges from 30000 to 90000 per month.
On Today’s date, the Chief Justice of India has a salary of 2.8 lakh while other Judges have 2.5 lakh per month.
Ad Hoc Judges:-
When there is a lack of no. Of Permanent judges to continue the session Chief Justice can appoint High Court Judge on a Temporary basis. It is given in Article 127 of the Indian Constitution.
Retired Judges Roles:-
At any emergency time, the Chief Justice of India can request a Supreme Court and High Court Judge to Work for a Temporary period. He just has to take President and the person which he will appoint into consideration.
Powers of Supreme Court of India:-
1) They only can resolve and jurisdiction the issues of Two States, Centre vs State or Centre vs more States. This decision will be first and last only given by the Supreme Court, no other courts can interfere in it.
2) Supreme Court is the biggest defender for Fundamental Rights. Any citizen directly walks to the Supreme Court in case he thinks Fundamental Rights are not working.
3) It can follow Advisory Jurisdiction in Article 143. It can respect public importance and give the result on it or on any pre Constitution treaty, agreement e.t.c
The following were some of the decision given on advisory jurisdiction:-
1) Berubari Union case in 1960
2) Kerala Education Bill in 1958
3) Special Courts Bill in 1978
4) Presidential Election in 1974
5) Rama Janma Bhumi Case in 1993
6) Cauvery Water Dispute case in 1992
7) Special Courts Bill in 1978
Some other Important powers of the Supreme Court of India:-
1) It can review its own decision again or Judgment. Eg. Kesavananda Bharti Case of 1973.
2) It decides to dispute regarding the election of Vice President and President of India.
3) It can review the work going in UPSC on the recommendation of the President. The advice made by the Supreme Court should be followed by the President.
Some of the Important Articles of the Supreme Court of India:-
1) Article 124:-
Establishment and Constitution of Supreme Court
2) Article 125:-
Salaries and allowances of Judges
3) Article 130:-
The seat of Supreme Court
4) Article 131:-
Original Jurisdiction of Supreme Court
5) Article 137:-
Review of Judgement or orders by the Supreme Court
6) Article 139A:-
Transfer of certain cases
7) Article 143:-
Power of President to consult Supreme Court
8) Article 141:-
Law declared by Supreme Court should be followed by everyone
9) Article 140:-
Ancillary Powers of Supreme Court
10) Article 127:-
Appointment of Ad hoc Judges