Supreme Court of India

The Federal Court of India established under the Government of India Act, 1935 was replaced by the Supreme Court of India under the Constitution. The SC was inaugurated on January 28, 1950.

Composition: At present, the Supreme Court consists of 34 judges (1 Chief Justice of India + 33 other judges). Parliament has the authority to regulate the number of judges — originally the SC had only 8 judges (1 CJI + 7 others).

Seat: Delhi is the principal seat of the SC. The CJI (with the President's approval) can appoint other places as seats (Article 130).

Appointment (Article 124):

• CJI: Appointed by the President after consulting such judges of the SC and HCs as he deems necessary. By convention, the senior-most judge of the SC is appointed as CJI.
• Other Judges: Appointed by the President in consultation with the CJI and such other judges as the President deems necessary.

Collegium System (Three Judges Cases): The appointment mechanism has evolved through landmark cases:

1. S.P. Gupta Case (1982) — First Judges Case: Held that the word "consultation" in Article 124 does NOT mean "concurrence" — President is not bound by CJI's recommendation.
2. Second Judges Case (1993): Overruled the First Judges Case. Held that CJI's opinion (formed in consultation with the 2 senior-most judges) prevails in matters of appointment and transfer.
3. Third Judges Case (1998) (Presidential Reference): The Collegium for SC appointments consists of the CJI + 4 senior-most judges. For HC appointments, it is CJI + 2 senior-most judges.
4. NJAC Case (2015): The 99th Constitutional Amendment and the National Judicial Appointments Commission Act, 2014 (creating NJAC) were struck down as unconstitutional — they violated the basic structure (independence of judiciary).

Qualifications (Article 124(3)): A person shall be qualified for appointment as a judge of the SC if he is:

• A citizen of India, AND
• (a) Has been a judge of a High Court (or two or more HCs in succession) for at least 5 years; OR
• (b) Has been an advocate of a High Court (or two or more HCs in succession) for at least 10 years; OR
• (c) Is in the opinion of the President a distinguished jurist.

Note: No minimum age prescribed. The "distinguished jurist" category has NEVER been used.

Tenure: Holds office until he/she attains the age of 65 years (Article 124(2)).

Removal/Impeachment (Article 124(4)):

• A judge can be removed only by an order of the President passed after an address by each House of Parliament supported by a special majority in the same session:
  • Majority of the total membership of each House, AND
  • Majority of not less than 2/3rd of the members present and voting.
• Grounds: Proved misbehaviour OR incapacity.
• Process governed by the Judges (Inquiry) Act, 1968.
• A committee of 3 (CJI/SC judge; HC CJ; distinguished jurist) investigates and reports to the Speaker/Chairman.
• Notable case: Justice V. Ramaswami (1993) became the only judge against whom removal proceedings were completed in Parliament — but the motion failed.

Measures for Independence of the SC:

1. Security of tenure — cannot be removed except by difficult impeachment.
2. Service conditions fixed — cannot be altered to disadvantage after appointment.
3. Charged on Consolidated Fund — not voted upon by Parliament.
4. Practice in HC prohibited — after retirement, cannot practice in any court in India except the SC.
5. Parliament cannot discuss conduct except during removal proceedings.
6. Contempt of court power — can punish those undermining its authority.
7. Freedom to appoint its own staff.

1. Original Jurisdiction (Article 131): The SC has exclusive original jurisdiction (no other court can hear these) in disputes:

• Between the Government of India and one or more states.
• Between the Government of India and any state(s) on one side and one or more other states on the other.
• Between two or more states.

Exclusions — the following are NOT covered under Article 131:

• Inter-state water disputes (Article 262).
• Matters referred to Finance Commission.
• Commercial disputes with Government.
• Recovery of damages.
• Disputes relating to pre-Constitution treaties.
• Disputes where HC has exclusive jurisdiction.

Note: Citizens/individuals CANNOT invoke Article 131 — it is only available to states and the Union.

2. Writ Jurisdiction (Article 32):

• The SC is the guarantor and protector of Fundamental Rights.
• Dr. Ambedkar called Article 32 the "heart and soul of the Constitution".
• SC can issue five types of writs:
  • Habeas Corpus ("to have the body") — against illegal detention.
  • Mandamus ("we command") — directing a public authority to perform its duty.
  • Prohibition — issued by a superior court to a lower court/tribunal to stop exceeding jurisdiction.
  • Certiorari — issued to quash the order of a lower court passed without jurisdiction or in error of law.
  • Quo-Warranto ("by what authority") — challenges a person's legal right to hold a public office.
• Critical distinction: SC can issue writs ONLY for the enforcement of Fundamental Rights. HC (Article 226) can issue writs for FR AND for any other purpose (ordinary legal rights) — HCs have extbf{wider} writ jurisdiction.
• Right to move SC under Article 32 is itself a Fundamental Right — CANNOT be suspended except during Emergency (Article 359).

3. Appellate Jurisdiction: The SC is the highest court of appeal in India:

(a) Constitutional Matters (Article 132): An appeal lies to the SC from any HC judgment/decree/final order if the HC certifies that the case involves a substantial question of law as to the interpretation of the Constitution.

(b) Civil Matters (Article 133): Appeal from any HC judgment in civil cases if:

• HC certifies the case involves a substantial question of law of general importance, AND
• In HC's opinion the question needs to be decided by the SC.

(c) Criminal Matters (Article 134): An appeal lies to the SC from any HC judgment in criminal cases if HC:

• Reversed acquittal on appeal and sentenced to death; OR
• Has taken up the case from subordinate court and sentenced to death; OR
• Certifies the case is fit for appeal to SC.

(d) Appeal by Special Leave (Article 136):

• SC can grant special leave to appeal from any judgment/decree/order/sentence by any court or tribunal in India EXCEPT military tribunals.
• This is a discretionary power — SC may refuse without giving reasons.
• Most flexible jurisdiction; used extensively for public interest and important questions of law.

4. Advisory Jurisdiction (Article 143): The President may refer to the SC for its opinion on: (Category 1) — A question of law or fact of public importance that has arisen or is likely to arise. SC may or may not tender its opinion. (Category 2) — A dispute arising out of any pre-Constitution agreement/treaty relating to Indian states. SC MUST tender its opinion.

Important points:

• Advisory opinion is NOT binding — it is only advisory in nature; not a judicial pronouncement.
• Citizens CANNOT seek advisory opinion.
• Parliament CANNOT seek advisory opinion.
• Notable Advisory Opinions: Kerala Education Bill (1958), Special Courts Bill (1978), Cauvery Water Disputes (1992), Presidential poll matter (2002).

5. Court of Record (Article 129):

• SC is a Court of Record — its decisions are recorded and serve as precedents (proof in all inferior courts).
• Has power to punish for contempt of court — both civil contempt (wilful disobedience of any judgment/order) and criminal contempt (publication of material lowering authority of court).
• Governed by the Contempt of Courts Act, 1971.

6. Review Jurisdiction (Article 137):

• Parliament by law can also grant review powers.
• SC has the power to review its own judgments or orders in any case.
• Review petition must be filed within 30 days of the judgment.
• Grounds for review: error apparent on the face of the record; discovery of new evidence; any other sufficient reason.

7. Curative Petition:

• Created by the SC in Rupa Ashok Hurra v. Ashok Hurra (2002) — a "last resort" after a review petition is dismissed.
• Lies in very narrow circumstances: violation of natural justice (was the petitioner not heard?), bias of the judge.

Doctrine of Judicial Review: SC has the power to examine the constitutionality of legislative and executive acts. If found inconsistent with the Constitution, they are declared null and void.

Doctrine of Precedent (Article 141): The law declared by the SC is binding on all courts within the territory of India — "binding precedent" (stare decisis).