supreme court of india

2. THE JUDICIARY
 We have an integrated judicial set-up in our
country.
 Indian constitution has established integrated
judicial system with ‘SUPREME COURT’ at the top.
 Judiciary is independent of other two organs of
the state executive and legislature.

3. SUPREME COURT
OF INDIA
 Highest court of justice in
India.
 Having one Chief Justice [CJI]
and not more than 33 other
judges.
 Total of 34 judges including CJI
of India.
 The judges hold the office up
to the age of 65 years.

4. QUALIFICATIONS
 A citizen of India.
 Any person who has been a judge
of High court for 5 years OR
 An eminent jurist OR
 Has been a practising advocate in
High Court for 10 years.
 CJI of India is appointed on
seniority basis.
 Every Judge is appointed by
President of India. PRESENT CJI – D Y CHANDRACHUD

5. FUNCTIONS
It has important power of judicial review.
It hears certain appeals of civil and criminal cases
from the High Court.
It hears disputes between the Union Government and
the states and between states.
It can issue writs for the enforcement of any of the
Fundamental Rights conferred by the Constitution.

6. REMOVAL OF JUDGE
A Judge of Supreme Court can only be removed by an order
of the President after an address by each house of the
parliament.
Supported by a majority of the total membership of the
house and by a majority of not less than 2/3rd of the
members present.
Voting on the ground of 1]proved misbehaviour
2]incapacity
The Constitution of India has ensured that
1) Judges can be removed by parliament(by complex
procedure)

7. SALARY
Salary is given from consolidated fund which
is not deducted.(except financial emergency)
Chief Justice’s salary is 2,80,000+allowances.

8. INDEPENDENCE OF
JUDGES
Decisions and actions of judges cannot be criticized.
Any type of conduct of Judges cannot be discussed in
Parliament except in the case of removal.

9. JURISDICTION
 The functions and responsibilities of
the Supreme Court are defined by the
Constitution.
The Jurisdiction of the Supreme Court may
be categorized as :
1)Original Jurisdiction
2)Writ Jurisdiction
3)Advisory Jurisdiction
4)Appellate Jurisdiction
5)Revisory Jurisdiction
6)Election Jurisdiction

10. ORIGINAL JURISDICTION
Hears disputes :
Between the Government of India and one or more states.
Between state on one side and one or more states on other
side.
Between two or more states.
E.g. Cauvery water dispute between Karnataka ,Tamil Nadu ,
Puducherry.

11. WRIT JURISDICTION
For the enforcement of the Fundamental Rights
HABEAS CORPUS
OBJECT : To set free a person illegally detained.
Petition by friend/relative also.
WRIT ADDRESSED TO :
1) Government
2) An Official
3) Private Person
 For Disobedience :Contempt of Court

12. WRIT JURISDICTION
MANDAMUS
MANDAMUS =A Command
Order to do something :Demands some activity
WRIT AVAILABLE AGAINST :
1) Government
2) Public Servant
3) Judicial Body

13. WRIT JURISDICTION
PROHIBITION
Order to stay a judicial proceeding.
A writ of prohibition is issued to prevent an inferior
court
from exceeding its jurisdiction.

14. WRIT JURISDICTION
CERTIORARI
A writ of certiorari is issued by Supreme Court or High
Court to nullify an order made without jurisdiction.

15. WRIT JURISDICTION
QUO WARRANTO
QUO-WARRANTO=What is your authority?
Court inquires into legality of claim of Public Office.
OBJECT : To prevent usurpation of Public Office
When?
1) Disqualified for the post
2) Procedure not followed
3) Irregular appointment

16. ADVISORY JURISDICTION
 As the highest court in the country ,the Supreme Court can be
consulted by the President on certain issues.
 If the President feels that an important legal question or fact
on public interest has come to him he can ask the Supreme
Court for its advice.
 The Supreme Court in such cases would consider it and give
its opinion to the President.
 But such opinion is not binding on the President.

17. APPELLATE JURISDICTION
Three types of appeal can be made to the Supreme Court ,which are
1) There can be appeal against any decision or order of a High Court ,if
the High Court gives a certificate that it involves some question of
interpretation of the Constitution.
2) There can be appeal against the civil cases decided by a High Court ,if
the High court gives a certificate that the case involves a substantial
question of law.
3) In respect of criminal cases too there can be an appeal to the Supreme
Court. If a High Court has on appeal reversed an order of acquittal of
an accused person and sentenced him to death one can go for an
appeal to Supreme Court.

18. REVISORY JURISDICTION
The Supreme Court can review any judgement given by itself.
The Supreme Court is also given the power under our
Constitution
to transfer a case that is being decided in any court and bring
it to
itself.

19. ELECTION JURISDICTION
The Supreme Court has obligation to decide on
the disputes regarding the election of the
President and Vice-President.

20. COURT OF RECORD
All the decisions and proceedings of the
Supreme Court are kept as records and are
quoted as precedents in the courts.
The court can punish for its own contempt ,if
any one does not abide by its decision.
So the Supreme Court is called a ‘Court Of
Record’

21. PUBLIC INTEREST LITIGATION
Popularly called PIL.
S P Gupta Vs Union of India Case ,1982 ,Supreme Court held
that
any member of the public can approach the courts for
violation
of Fundamental Rights of others (who may not have
sufficient
resources to reach the courts), even through a post card.
 P N Bhagwati and V R Krishna Ayer were the prominent
justices to have laid down the conditions for such appeals.

22. CONTEMPT OF COURT