2. Content and Syllabus
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SC Composition
Qualification of SC Judges, Term
Appointment (SC Judges and Ad Hoc SC Judges)
Independence of Judiciary from the control of Executive &
Legislative.
Powers and Jurisdiction of SC:
a) Original Jurisdiction
b) Appellate Jurisdiction
c) Advisory Jurisdiction
d) Revisory Jurisdiction
e) Judicial Review
Court of Record
Writs
SC-Guardian of the Constitution
4. Single integrated judiciary system- meaning
By Single integrated judiciary system we mean that:
Supreme Court is the head of the entire system and
exercises full control on all other courts
There are no separate set of laws and same civil and
criminal system operates in the entire country
All the cases can be taken from lower courts (subordinate
courts) to High Courts and from High courts it can be
taken to the Supreme Court. The decision of Supreme
Court would be the final.
* Need of single integrated judiciary system : To
protect Democracy, to keep the Judiciary away from
Legislative and Executive, to protect human rights.
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5. Composition of Supreme Court
The Supreme Court is headed by the Chief Justice of
Supreme Court also called as Chief Justice of India.
He is assisted by 30 Supreme Court Judges.
( If required, parliament can increase the number of
Supreme Court judges to clear pending cases)
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• Chief Justice of
India (CJI)
30
• Supreme Court
Judges
6. Worked as a Judge of
High Court for at least 5
years
Worked as an advocate
in a High Court (one, two
or more) for at least 10
years
In the opinion of the
President, he should be a
distinguished jurist
(judge).
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Qualification for appointment as Judge of
Supreme Court
Supreme Court Judge
President’s
opinion
10 years
HC
advocate
5 years HC
Judge
7. Appointment of Supreme Court Judges
Every judge of Supreme Court is appointed by the
President in consultation with the Judges of
Supreme Court and High Courts along with the
Council of Ministers.
In case of appointment of other 30 judges of
Supreme Court , it is done by the President in
consultation with the Chief Justice of Supreme
Court.
( In case of the Chief Justice is unable to perform his
duties, then President appoints the new Chief Justice
of India)
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8. Appointment of Ad-Hoc Judges of SC
Chief Justice of India may appoint of a judge of High
Court as an ad hoc Judge of SC for a specific period
as necessary.
Such appointments of ad hoc judges of SC, is done by
the Chief Justice of India in consultation with the
President and Chief Justice of the High Court
concerned.
Sometimes, retired judges of SC may also be called
back again to act as ad hoc judges.
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9. Term of Office of SC Judge
A judge of SC can hold office until he attains (reaches) the
age of 65 years.
(In case of resignation, the SC judge needs to submit the
letter to the President.)
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Removal/Impeachment of SC Judge
A judge of SC can be removed only by the President on
the grounds of proved misbehaviour or incapacity.
Approval of the 2/3rd majority of both the houses is
also needed to go ahead with the impeachment of the
SC Judge.
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10. Independence of Judiciary from the control of
Executive & Legislative.
1. Appointment of Judges: Every judge of SC is
appointed by Judiciary (SC & HC Judges) and
Executive (Cabinet).
2. Removal of Judges: Judges cant be removed by
normal simple procedure. A judge of SC can be removed
only by the President on the grounds of proved
misbehaviour or incapacity.
Approval of the 2/3rd majority of both the houses is also
needed to go ahead with the impeachment of the SC
Judge.
3. Security of Tenure: A judge of SC can hold office until
he attains (reaches) the age of 65 years. He can be
removed only by the President.
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11. Independence of Judiciary from the control of
Executive & Legislative.
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4. Security of Salaries and Service Conditions: Salaries,
allowances etc cant be changed by the Parliament or
anyone, except during period of Financial Emergency. It is
paid from the Consolidated Fund of India.
5. Freedom to announce Decisions and Decrees
(verdict): SC Judges are free to announce their decisions
and decrees without any danger to them of their families.
Their decisions cant be criticized in public or press. It is the
responsibility of the Nation to ensure the safety of SC
Judges.
6. Punishment for Contempt of Court: If anyone makes an
attempt to lower its authority, then SC can punish such
person for the contempt (disrespect) of the court.
12. Independence of Judiciary from the control
of Executive & Legislative.12
7. Full control over its procedure of work and
establishment: SC is free to decide its own
procedures of work and its establishment as well as
the conditions of service of its employees.
8. No discussion in the legislature on the
conduct of Judges: No discussion can take place
in the Parliament regarding conduct of any judge or
about his duties, except when the impeachment
process in taking place in the House.
13. Independence of Judiciary from the control of
Executive & Legislative.
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9. Prohibition of Practice after retirement:
SC Judges are paid handsome pension but they
aren’t allowed to practice after retirement.
This is done so that the SC Judges don’t get partial
towards any prospective (future) employer.
This also stops them from using their influence on
their other former colleagues if they are allowed to
practice.
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• Freedom to
announce
Decisions
and Decrees
• Punishment
for
Contempt of
Court.
• Prohibition
of Practice
after
Retirement
• Security of
Salary &
Service
Conditions
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15. Powers and Jurisdiction of SC
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Jurisdiction: It is the power that a court of law
exercises to carry out judgments and enforce
laws.
a) Original Jurisdiction
b) Appellate Jurisdiction
c) Advisory Jurisdiction
d) Revisory Jurisdiction
e) Judicial Review
17. a) Original Jurisdiction
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Original Jurisdiction means the power to handle those
cases which cannot be moved in any other court other than
SC i.e. in the first instance.
These cases include:
a) Centre-State or State-State Disputes ( Centre-State, State-
State, Centre-State v/s State, States v/s States)
b) Protection of Fundamental Rights: In case if the
Fundamental Rights of an individual are violated, then such
individual can directly approach the SC.
c) Transfer of Cases from One Lower Court to
Another Lower Court in the cases of great importance.
d) Interpretation of the Constitution: Cases related to
Interpretation of the Constitution, are exclusively handled
by the SC.
18. b) Appellate Jurisdiction
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Appellate Jurisdiction means the power to handle the cases on
appeal against the judgement delivered by any court in the
country. (SC is the Court of Appeal which can reduce or change the
judgement passed by any lower courts in the country.)
These cases include:
a) Constitutional Cases: When HC is unable to handle,
or wants SC to handle an important case, then it
sends such cases to SC with a certificate. In absence
of a certificate, if required SC can intervene and
handle such special cases on appeal.
b) Civil Cases: important case with HC certificate, or
without HC certificate on appeal.
c) Criminal Cases: important case with HC certificate,
or without HC certificate on appeal.
19. Enforcement of Fundamental Rights
(SC - Guardian of Fundamental Rights)
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In case if the Fundamental Rights of an individual are
violated, then such individual can directly approach the
SC.
SC has power to issue writs like habeas corpus,
mandamus, writ of prohibition, writ of certiorari & quo-
warranto for the enforcement of the Fundamental
Rights.
*Writ: It is an order from a judicial authority asking a
person to perform some act or stop performing an act.
(It is an order issued by the SC in order to protect fundamental rights of
an individual)
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Habeas Corpus
Mandamus
Writ of
Prohibition
Writ of Certiorari
Quo- warranto
• ‘to have body’
• ‘we order to
perform a duty’
• ‘we order to stop a
duty’
• ‘to be informed of
what is going on’
• ‘by what order’
Important Writs
21. c) Advisory Jurisdiction
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President may refer and send a case of special
importance or regarding any law for consideration to
SC, this power of SC to handle such cases is called as
Advisory Jurisdiction.
Cases regarding disputes of Pre-Constitution period
are also handled under this power.
President --------------- Supreme Court ----
22. d) Revisory Jurisdiction
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SC is empowered to review any judgement or order
made by it with a view of removing any mistake or
error that might have crept in the judgement or
order this power of SC is called as Revisory
Jurisdiction.
This is done because, SC is a court of record, its
decisions has special importance and can’t be
questioned in any other court.
23. e) Judicial Review
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SC is the interpreter of the Constitution and its
decision is final.
It has the power to review laws passed by Union or
State Legislatures, if the law is found against the
spirit and provisions of the Constitution, then SC can
declare such law ‘ultra vires’ or ‘null and void.’ This
power is called as Judicial Review.
Supreme Court
25. Court of Record
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SC is a ‘Court of Record’ as its all judgements are
recorded for evidence and testimony.
These judgements serve as ‘precedents’ for HCs and
Subordinate courts, so that in case of doubts they can
refer to the records of SC and give a similar decision
in a similar case.
(The SC records aren’t to be questioned when they
are produced before any subordinate court. If found,
SC can punish such person for its contempt and no
one can deny this right of SC. )
27. Administrative and Supervisory Functions of SC
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All the officers and staff of SC are appointed by Chief
Justice of SC.
SC decided the conduct for the advocates and persons
appearing before it.
It decides the fees for the proceedings in the Court.
SC needs to get approval from 4 Senior Most Judges of SC
before he transfers a judge from one court to other court.
SC has made procedure for PIL (Public Interest
Litigation) simple. Public can use a simple postcard or
application and submit to SC. SC then takes proper
actions. PIL from women, children, bonded labourers and
other weaker sections of the society are given attention by
the SC under this scheme.
