Supreme Court and Its Jurisdiction
NCERT Class 11 - Indian Constitution at Work, Chapter 6
Supreme Court and Its Jurisdiction
India has a single integrated judiciary with the Supreme Court at the apex, High Courts below it and subordinate courts below them. Unlike the United States, there is no separate hierarchy of federal and state courts - the same courts apply both union and state law.
Composition and appointment
- Articles 124 to 147 deal with the Supreme Court. It originally had a Chief Justice and seven other judges, and Parliament has power to increase the number.
- Judges are appointed by the President. In practice appointments are made through the collegium, a body of the Chief Justice and senior judges, established by the Supreme Court's own judgments of 1993 and 1998.
- The National Judicial Appointments Commission, created in 2014 to replace the collegium, was struck down by the Supreme Court in 2015 as violating judicial independence.
- Qualifications - a citizen of India, and either a judge of a High Court for five years, or an advocate of a High Court for ten years, or a distinguished jurist in the President's opinion.
- Retirement age is 65 years for a Supreme Court judge.
Removal of a judge
- A judge can be removed only on the ground of proved misbehaviour or incapacity, under Article 124(4).
- A removal motion must be signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha.
- It is investigated by a committee under the Judges Inquiry Act, and must then be passed by both Houses by a majority of total membership and a two-thirds majority of members present and voting, in the same session.
- The order of removal is then made by the President. No judge of the Supreme Court has so far been removed by this process.
Jurisdiction of the Supreme Court
| Jurisdiction | Article | Scope |
|---|---|---|
| Original | 131 | Disputes between the Union and states, or between states |
| Writ | 32 | Enforcement of Fundamental Rights, a Fundamental Right in itself |
| Appellate - constitutional | 132 | Appeal where a substantial question of law as to interpretation of the Constitution arises |
| Appellate - civil and criminal | 133 and 134 | Appeals from High Court judgments in civil and criminal cases |
| Special leave | 136 | Discretionary leave to appeal from any court or tribunal, except military courts |
| Advisory | 143 | The President may seek the Court's opinion; the opinion is not binding |
| Court of Record | 129 | Its proceedings are recorded as evidence and it can punish for contempt |
- Article 137 allows the Court to review its own judgment, and a curative petition may follow in rare cases.
- Article 141 provides that the law declared by the Supreme Court is binding on all courts in India.
- Article 142 empowers it to pass any order necessary for doing complete justice in a case before it.
हिंदी संकेत: अनुच्छेद 143 की सलाहकारी राय बाध्यकारी नहीं है - राष्ट्रपति उसे मानने को बाध्य नहीं हैं। पर अनुच्छेद 141 के अंतर्गत न्यायालय का घोषित कानून सभी न्यायालयों पर बाध्यकारी है।
Exam me kaise aata hai
Match-the-following on article number and jurisdiction is the standard format. Factual questions ask the retirement age, the qualification periods and the number of members needed for a removal motion. Statement-based questions test whether advisory opinions bind the President - they do not.
UPSC / State PSC ke liye
Note the appointment debate carefully - the collegium is a judicial creation, not a constitutional provision, and the striking down of the National Judicial Appointments Commission is defended as protecting independence and criticised as leaving appointments opaque. A good answer states both positions and the constitutional principle each rests on.
Yahan confuse hote hain
✗ The Supreme Court's advisory opinion under Article 143 is binding | ✓ It is not binding on the President
✗ A judge can be removed by impeachment for any misconduct | ✓ Only for proved misbehaviour or incapacity, through a special majority in both Houses
✗ India has separate federal and state court hierarchies | ✓ India has a single integrated judiciary
Ek nazar me
- Articles 124 to 147 cover the Supreme Court; India has a single integrated judiciary.
- Judges are appointed by the President, in practice through the collegium system.
- Qualifications - five years as a High Court judge, ten years as an advocate, or a distinguished jurist.
- Retirement age is 65 for a Supreme Court judge.
- Removal only for proved misbehaviour or incapacity, by special majority in both Houses.
- Jurisdictions - original 131, writ 32, appellate 132 to 134, special leave 136, advisory 143.
- Article 141 makes its law binding on all courts; Article 142 allows orders for complete justice.