Supreme Court of India

Supreme Court of India

Article 124 of the Constitution has the provision for the establishment and constitution of the Supreme Court.

Vide the Supreme Court (Number of Judges) Amendment Act, 2008 (11 of 2009), the Supreme Court consists of a Chief Justice of India and, until Parliament by law prescribes a larger number, not more than thirty other Judges.

Number of Supreme Court Judges

• President Ram Nath Kovind, on August 9, 2019, signed into law a Bill that seeks to increase the sanctioned strength of judges in the Supreme Court from 30 to 33, besides the Chief Justice of India.

• The Supreme Court (Number of Judges) Amendment Bill was passed by Parliament earlier in August 2019.

• The present strength of the apex court is 33, including the Chief Justice of India.

• After the law came into force, the sanctioned strength of the SC is 34, including the CJI.

Proceedings and Rules

• The proceedings of the Supreme Court are conducted in English only.

• Supreme Court Rules, 2013, replacing the 1966 Rules, have been framed under Article 145 of the Constitution to regulate the practice and procedure of the Supreme Court.

Appointment of Judges

• Every Judge of the Supreme Court, after consulting the Chief Justice of the Supreme Court, is appointed by the President of India. [Art 124 (1 & 2)]

• In the appointment of the Chief Justice of India, the  President can consult such Judges of the Supreme Court and the High Court as he thinks appropriate.

Qualifications for Supreme Court Judge

A person is qualified for appointment as a judge of the Supreme Court if he is:

• A citizen of India

• Has been a High Court Judge for at least 5 years

• Has been an Advocate of a High Court, or two or more courts in succession, for at least 10 years. [Ref. Art 124(3)]

No minimum age or fixed period of office is prescribed for appointment as a Judge of the Supreme Court.

Tenure and Removal of Judges

A Judge of the Supreme Court ceases to be so, on:

• Attaining the age of 65 years;

• Resigning in writing addressed to the President;

• On being removed by the President.

The only grounds for such removal are proven misbehaviour and incapacity. [Ref. Art. 124(4)]

Procedure for Removal or Impeachment

• A motion addressed to the President signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha is delivered to the Speaker or the Chairman.

• The motion is investigated by a Committee of 3 (2 Judges of the Supreme Court and a distinguished Jurist).

• If the Committee finds the Judge guilty, the report of the Committee is considered in the House where the Motion is pending.

• If the motion is passed in each House by a majority of the total membership of the House and by a majority of not less than two-thirds of the members present and voting, the address is presented to the President.

• The Judge is removed after the President gives his order for removal on such address.

• The procedure for impeachment is the same for judges of the Supreme Court and the High Courts.

Post-Retirement Restrictions

After retirement, a Judge of the Supreme Court cannot plead or act in any Court or before any authority within the territory of India. [Ref. Art. 124(7)]

Office of CJI under RTI

The Supreme Court, on November 13, 2019, held that the office of the Chief Justice of India is a public authority and falls within the ambit of the Right to Information Act. [CJI-Justice Ranjan GogoiJ]

Jurisdiction of the Supreme Court

Jurisdiction of the Supreme Court is threefold:

1. Original

2. Appellate

3. Advisory

Original Jurisdiction

Disputes between different States of the Union or between the Union and any state are within the exclusive Original jurisdiction of the Supreme Court. [Ref.: Art. 131]

The jurisdiction of the Supreme Court to entertain an application under Article. 32 for the issue of writs for the enforcement of Fundamental Rights is treated as an 'original' jurisdiction of the Supreme Court, though called Writ Jurisdiction.

Powers and Functions

• The Supreme Court is the highest court of appeal from all courts in the territory of India.

• Supreme Court is the custodian as well as the highest authority for the interpretation of the Constitution.

• The Supreme Court shall be a court of record and shall have all the powers of such a court, including the power to punish for contempt of itself. [Art. 129]

• Supreme Court may hear appeals by granting special leave against any kind of judgment or order made by any court or tribunal (except a military tribunal).

• Under advisory jurisdiction, the Supreme Court can give its opinion on any matter of law or fact of public importance referred to it by the President. [Ref. Art. 143]

Revised Rates of Salary and Sumptuary Allowance

(Notified as on 30-01-2018)

[Source: Govt. of India, Department of Justice]

Final Thoughts

The Supreme Court of India is the highest judicial authority and the guardian of the Constitution. Its judges are appointed with careful consideration of experience and integrity. The Court’s jurisdiction is three-fold: original, appellate, and advisory, making it central to justice in India. It plays a key role in protecting fundamental rights and interpreting laws.

The powers and procedures of the Court ensure transparency and accountability. Its salary structure and allowances reflect the importance and dignity of the office. The Court acts as a court of record, with the authority to punish for contempt. Impeachment provisions maintain judicial accountability.

Overall, the Supreme Court is a pillar of democracy, ensuring law, justice, and constitutional governance in India. Understanding its structure and powers helps citizens appreciate its role in maintaining legal and social order.