DescriptionThe Supreme Court of India is the premier judicial court under the Constitution of India. It is the highest constitutional court and has the power of judicial review.

1. SUPREME COURT IN INDIA
(BRIEF NOTES)

2. • The Supreme Court is the highest judiciary court and the final court for appeal
under the Constitution of India. The highest constitutional court with the
power of judicial review. India is a federal state and has a single and unified
judicial system with 3 tier structure. That is
1. Supreme Court
2. High Court
3. Subordinate Courts.
At present Supreme Court consists 31 Judges one Chief Judge and 30 other
Judges. Supreme Court number of Judges bill 2019 has added 4 judges to the
strength it increases the judicial strength from 31 to 34 including the Chief
Justice of India. Originally the strength of the Supreme Court was fixed at 8,
1Chief Justice and 7 other judges.

3. • The parliament is authorised to regulate them. The constitution declares Delhi as the
seat of the Supreme Court. It also authorises the Chief Justice of India to appoint
other or places as seat of the Supreme Court. He can take decision with the approval
of president. This provision is only optional and not compulsory. This means that no
court can give any direction either to the President or the Chief Justice to appoint any
other places as the seat of the Supreme Court.
• QUALIFICATION OF JUDGES:
• A person to be appointed as the judge of the Supreme Court should have the
following qualifications:
1. He should be a citizen of India.
2. He should have been a judge of a High Court for 5 years.
3. He should have been an Advocate of a High Court for 10 years.
4. He should be a distinguished jurist in the opinion of the President of India.
5. The constitution has not prescribed a minimum age for appointment as judge of the
Supreme Court.

4. • OATH AND AFFIRMATION:
• A person appointed as a judge of the Supreme Court before entering upon his
office has to make and subscribe to an oath or affirmation before the
President. Another person from appointed by him for this purpose. On his oath
a judge of the Supreme Court swears to bare to faith to Constitution of India to
uphold the Sovereignty and Integrity of India to faithfully and the best of his
ability, knowledge and judgment perform the duties of the office without fear
or favour, affection or goodwill and to uphold the constitution and the law.
• TENURE OF JUDGES:
• The constitution has not fixed the tenure of judges of the Supreme Court.
However it makes the following 3 provisions in this regard.

5. 1. He holds office until he attains the age of 65 years any question regarding his
age is to determine by such authority and in such manner as provided by
parliament.
2. He can resign his office by writing to the President of India.
3. He can be removed from his office by the President of India on the
recommendation of the Parliament.
• REMOVAL OF JUDGES:
• A judge of the Supreme Court can be removed from his office by an order of
the President of India. The president can issue the removal order only after an
address by the parliament has been presented to him in the sessions for such
removal. The address must be supported by a special majority of each house of
parliament. (I.e) the majority of the total membership of that house and a
majority of not less than 2/3rd of members of that house present and voting.

6. • The grounds of removal are through misbehaviour or incapacity. These are the
2 grounds for removal
1. Proved Misbehaviour.
2. Incapacity.
• Judges Enquiry Act, 1968: Regulates the procedure relating to the removal of a
judge of the Supreme Court by the process of impeachment.
• No judges of Supreme Court had been impeached so far.
• Impeachment emotions of Justice Deepak Misra 2017-2018 were defeated in
the parliament.

7. • SALARIES AND ALLOWANCES:
• The salaries, allowances privilege leave and pension of the judges of the
Supreme Court are determined from time to time by the parliament. They
cannot b varied their disadvantage after their appointment except during a
financial emergency.
• ACTING CHIEF JUSTICE: The President of India can appoint the judge of the
Supreme Court as an acting Chief Justice of Justice when the office of the Chief
Justice of India is vacant or the Chief Justice of India is temporarily absent or
Chief Justice of India is unable to perform the duties of his office.
• He can do so only after consultation with the Chief Justice of the High Court
consent and with the previous consent of the President. The judges so
appointed should be qualified for appointment as a judge of the Supreme
Court.

8. • It is the duty of the judge so appointed to attend the sittings of the Supreme
Court in priority of the other duties of office. While he attends he enjoys all
the jurisdiction, powers and privilege and discharges the duty of the judges
of the Supreme Court.
• RETIRED JUDGES: At any time the Chief Justice of India can
request a retired judge of the Supreme Court or a retired judge of
a High Court who is qualified as appointment as the judge of the
Supreme Court. To act as a judge of the Supreme Court for a
temporary period. He can do so only when the previous consent of
the President of India and also of the person to be so appointed.
Such a judge is entitled to such allowances as the President of
India may determine. He will also enjoy all the Jurisdiction, powers
and privileges of a judges of the Supreme Court.

9. • PROCEDURE OF COURT: The Supreme Court can with the approval of the
President of India rules for regulative the generally practice and procedure of
the court. The constitutional cases or decided by a bench consisting of at least
5 judges. All other cases are usually decided by a bench consisting of not less
than 3 Judges. The judgments are delivered by the open court. All Judgments
are by majority vote. It differing the judges can give descending judgment of
our opinions.
• JURISDICTION AND POWERS OF SUPREME COURT:
• The Supreme Court is a federal court the highest court of appeal the guarantor
of the Fundamental Rights of the citizens and guardian of the constitution.
Therefore its independence becomes very essential for the effective discharge
of the duties assign to it. It should be free from the encroachment, pleasure
and interferences of the executive. (I.e) council of Ministers and the legislature
parliament.

10. • It should be allowed to do justice without fear or favour. The constitution has made
the following provisions to safeguard and ensure the independent and impartial
functioning of the Supreme Court.
1. Mode of Appointment.
2. Security of tenure.
3. Fixed service conditions.
4. Expenses charged on the consolidated fund.
5. Conduct of judges cannot be discussed.
6. Bare on practice after retirement.
7. Power to punish for its conduct.
8. Freedom to appoint its behalf.
9. Jurisdiction cannot be curtailed.
10.Separation from executive.

11. • JURISDICTION AND POWERS OF SUPREME COURT:
1. Original jurisdiction
2. Writ jurisdiction
3. Appellate jurisdiction
4. Advisory jurisdiction
• A court of record: As a court of record the Supreme Court has two powers.
• The judgments, proceedings and acts of the Supreme Court are recorded for
purpose memory and testimony. These records are admitted to be evidentially
value and cannot be questioned and produce before any court. There are
recognized as legal precedence and legal reference and it has power to punish
for contempt of court either with simple imprisonment for a term up to 6
months are defined in up to Rs.2000 or with both.

12. • POWER OF JUDICIAL REVIEW.
• Judicial Review is the power of the Supreme Court to examine the
constitutionality of legislature enactments and executive orders or both the
central and state government. On examination if there are found to be violative
of the constitution. (ultra vires) they can be declared as illegal, unconstitutional
and invalid by the Supreme Court. Consequently they can be enforced by the
government.
• RECENT ISSUES IN SUPREME COURT: It is considered as the master of roaster. It
refers to the privilege of the Chief Justice to constitute benches to hear cases.
The controversy has emerged in the Supreme Court over the absolute power of
the Chief Justice is the master of the roaster and he alone is the prerogative to
constitute the benches of the court and allocate cases to the benches of
constitute.

13. • the Chief Justice OF India or Chief Justice of any High Court is he/she
who heads the administration side. This includes allocation of
matters before a judge as well. So no judge can be take up the
matter on his own unless allocated by the Chief Justice of India.