ppt

1. The Union Judiciary i.e. The Supreme
Court (Articles 124-147)
• Chapter IV under Part V of the constitution (Union) deals with The
Union Judiciary. The constitution and jurisdiction of Supreme Court is
stated in detail from articles 124-147.
• It enjoys supreme judicial authority in India.The law declared by the
Supreme Court shall be binding on all courts within the territory of
India (Article 141).
• In India Judiciary is integrated.
To protect Democracy, human
rights and keep judiciary away
from Legislative and Executive.

2. Cont….
• Supreme Court
• Apex Court
• High Court
• Subordinate Courts

3. History of Supreme Court
 Regulating Act of 1773 established the Supreme Court of Judicature
at Calcutta as a Court of Record, with full power & authority to:
 hear and determine all complaints for any crimes. (Bengal, Bihar and
Orissa)
 The Supreme Courts at Madras and Bombay were established by
King George – III in 1800 and 1823 respectively.
 The India High Courts Act 1861 created High Courts for various
provinces and abolished Supreme Courts at Calcutta, Madras and
Bombay and also the Sadar Adalats in Presidency towns.
 Federal Court of India under the Government of India Act 1935.
 The Federal Court had jurisdiction to solve disputes between provinces
and federal states and hear appeal against Judgements from High
Courts .
 After Independence in 1947, Supreme Court of India also came into
existence and had its first sitting on 28th January 1950.

4. Cont….
Established
1 October 1937 (as Federal Court of
India)
28 January 1950 (as Supreme Court of
India)
Location Tilak Marg, New Delhi
Motto Yato Dharmastato Jayah (Where there is
Dharma, there will be victory)
Composition method Collegium of the Supreme Court of India
Authorized by Constitution of India
Judge term length Mandatory retirement at 65 years of age

5. Qualification
 Essential qualifications to be eligible for a Supreme Court
Judge are:
 should be a citizen of India.
 should have worked as a High Court judge for a period of
not less than five years. Or, they should have worked as a
high court advocate for a period of not less than ten years.
 They should be an eminent jurist in the view of the
President.

6. Composition of the Supreme Court
• Originally there was a provision in the Constitution that there will be
Chief Justice and seven other judges. This number (7) was raised to 10 in
1956, 13 in 1960, 17 in 1977 and 25 in 1985 (Article 124), 30 in 2009.
• 10 years later, in 2019, the Supreme Court (Number of Judges) Amendment
Bill, 2019 was introduced in Parliament, which sought to increase the
number of Supreme Court Judges. The Bill was passed, and consequently
the Supreme Court’s Judges’ sanctioned strength was increased to 34
Judges.
• Justice Dhananjaya Y. Chandrachud has been appointed as the 50th Chief
Justice of India on 9th November 2022.
• The chief justice is the head of the Supreme Court and is responsible for the
allocation of cases and appointment of constitutional benches which deal with
important matters of law.

7. • Appointment of Judges
• The President is the appointing authority in the case of judges of the Supreme
Court. Article 124(a). While making appointment of the Chief Justice of India,
he may consult such of the judges of the Supreme Court and of the High
Court’s as he might consider necessary.
• Removal of Judges
• Order of the President.
 No judge of the Supreme Court has been impeached so far.
The President can issue the removal
order only after an address by
Parliament has been presented to him
in the same session for such removal.
Address must be supported by a
special majority (2/3) of each House
of Parliament
Proved misbehaviour or
incapacity.

8. Working
• The Supreme Court operates on the principle of judicial independence and
impartiality. It functions throughout the year except for specified vacations.
The court holds regular sessions to hear cases and deliver judgments. It has
the power to determine the constitutionality of laws, protect fundamental
rights, and interpret the Constitution. It plays a crucial role in shaping the
legal landscape of India through its judgments, which set precedents and
have far-reaching implications for the country.
• It takes up appeals against the verdicts of the High Courts, other courts and
tribunals.
• It settles disputes between various government authorities, between state
governments, and between the centre and any state government.
• It also hears matters which the President refers to it, in its advisory role.
• The SC can also take up cases suo moto (on its own).
• The law that SC declares is binding on all the courts in India and on the
Union as well as the state government

9. Jurisdiction
• Original Jurisdiction: Article 131
• The Supreme Court has original jurisdiction in any dispute –
• (a) between the Government of India and one or more States; or
• (b) between the Government of India and any State of States on one
side and one or more other States on the other; or
• (c) between two or more States.
• Appellate Jurisdiction: Article 132
• As a court of appeal, the Supreme Court is the final appellate tribunal
of the land. There can be two types of cases—criminal, in which some
criminal activities are involved and civil, in which there may be
disputes regarding property, etc.
• The appellate jurisdiction of the Supreme Court may be further
divided under three heads:
• 1) Constitutional 2) Civil 3) Criminal

10. Cont…..
• Constitutional (art 132): In constitutional matters an
appeal lies to the supreme court if the high court certifies
that the case involves a substantial question of law as to
the interpretation of the constitution.
• Civil (art 133): In civil cases, an appeal lies to the Supreme
Court, if a High court certifies that the value of the subject
matter of the dispute as fit for appeal to the supreme court.
• Criminal (art 134): In the criminal case, an appeal lies to
the Supreme Court if the High court :
 Has withdrawn for trial before itself any case from any
subordinate and has in such trial convicted the accused
and sentenced him to death.
 Certifies that the case is fit for appeal to the supreme
court.

11. Cont…
• Advisory Jurisdiction:
 If the president seeks advice of supreme court (under
Article 143(1)), it is bound to give its opinion.
 The supreme court decision is not bound to the president.
Advice
Writ Jurisdiction (Art 32):
 Every individual has the right to move to the supreme
court directly by appropriate proceedings for the
enforcement of Fundamental Rights.
 Art 32 imposes duty to the supreme court to enforce the
Fundamental Rights.
Any question of law which is of such a nature and of
such public importance that it is expedient to obtain the
Court’s opinion on it.

12. Thank You