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Prepared by Narinder Singh
(Astt. Prof. Dept. of Political Science
Bhaskar Degree College Udhampur)
Introduction
 Indian constitution has established an integrated
judicial system with the supreme court at the top and
high courts below it.
 This single system of courts adopted from the govt. of
India act 1935.
 The supreme court of India was inaugurated on
January 28 1950.
 It succeeded the federal court of India established
under the govt. of India Act 1935.
 Articles 124 to 147 in part-V of the Indian constitution
deal with the organization, independence,
jurisdiction, powers, procedures and so on of the
supreme court.
Organization of supreme court
 At present supreme court consist of thirty one
judges(one chief justice and thirty other judges)
 Originally the strength of the supreme court was fixed
at eight(one chief justice and seven other judges)
Appointment of judges
 The judges of the supreme court are appointed by the
president of India.
 The chief justice is appointed by the president of India
after consultation with such judges of the supreme
court and high courts as he deems necessary.
 The other judges of the supreme court are appointed
by the president after consultation with the chief
justice and such other judges of the supreme court and
high court as he deems necessary.
 The consultation is obligatory in case of appointment
of the judge other than chief justice.
Qualification of judges
 He should be the citizen of India.
 He should have been a judge of a High court for five
years.
 He should have been an advocate of a High court for
ten years.
 He should be a distinguished jurist in the opinion of
the president.
Tenure of judges
 He holds office until he attains the age of 65 years.
 He can resign his office by writing to the president.
 He can be removed from his office by the president on
the recommendation of the parliament.
Jurisdiction and powers of the
supreme court
 Original jurisdiction.
 As a federal court the supreme court decides the
disputes between different units of the Indian
federation.
 The supreme court has exclusive original
jurisdiction. Exclusive means no other court can
decide such disputes and original means the power
to hear such disputes in the first instance, not by
way of appeal.
Writ jurisdiction
 The constitution has constituted the supreme court as
the guarantor and defender of the fundamental rights
of the citizens.
 The supreme court is empowered to issue writs
including habeas corpus, mandamus, prohibition,
quo-warrento and certiorari for the enforcement of
the fundamental rights.
Appellate jurisdiction
 The supreme court is the court of appeal and hears
appeals against the judgement of the lower courts.
 Appeals in constitutional matters.
 Appeals in civil matters.
 Appeals in criminal matters.
 Appeals in special leaves.
Advisory jurisdiction
 The constitution(article 143) authorizes the president
to seek the opinion of the supreme court in the two
categories of matters….
 On any question of law or fact of public importance
which has arisen or which is likely to arise.
 On any dispute arising out of any pre-constitution
treaty, agreement, covenant etc….
A court of record
 As a court of record the supreme court has two powers
 The judgment, proceeding and acts of the supreme
court are recorded for perpetual memory and
testimony.
 It has power to punish for contempt of court, either
with simple imprisonment for a term up to six months
or with fine up to 2000 or with both.
Power of judicial review
 Judicial review is the power of the supreme court to
examine the constitutionality of legislative enactments
and executive orders of both the central and state
govts.
 On examinations, if they are found to be violative of
the constitution, they can be declared as illegal,
unconstitutional and invalid by the supreme court.
Questions on this topic
 Discuss the organization and powers of supreme court
of India?
 Discuss the writ jurisdiction of the supreme court of
India?
 Supreme court of India is the court of record. Explain?
 Discuss the power of judicial review of the supreme
court of India?
THANK YOU

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Supreme court of india

  • 1. Prepared by Narinder Singh (Astt. Prof. Dept. of Political Science Bhaskar Degree College Udhampur)
  • 2. Introduction  Indian constitution has established an integrated judicial system with the supreme court at the top and high courts below it.  This single system of courts adopted from the govt. of India act 1935.
  • 3.  The supreme court of India was inaugurated on January 28 1950.  It succeeded the federal court of India established under the govt. of India Act 1935.  Articles 124 to 147 in part-V of the Indian constitution deal with the organization, independence, jurisdiction, powers, procedures and so on of the supreme court.
  • 4. Organization of supreme court  At present supreme court consist of thirty one judges(one chief justice and thirty other judges)  Originally the strength of the supreme court was fixed at eight(one chief justice and seven other judges)
  • 5. Appointment of judges  The judges of the supreme court are appointed by the president of India.  The chief justice is appointed by the president of India after consultation with such judges of the supreme court and high courts as he deems necessary.  The other judges of the supreme court are appointed by the president after consultation with the chief justice and such other judges of the supreme court and high court as he deems necessary.  The consultation is obligatory in case of appointment of the judge other than chief justice.
  • 6. Qualification of judges  He should be the citizen of India.  He should have been a judge of a High court for five years.  He should have been an advocate of a High court for ten years.  He should be a distinguished jurist in the opinion of the president.
  • 7. Tenure of judges  He holds office until he attains the age of 65 years.  He can resign his office by writing to the president.  He can be removed from his office by the president on the recommendation of the parliament.
  • 8. Jurisdiction and powers of the supreme court  Original jurisdiction.  As a federal court the supreme court decides the disputes between different units of the Indian federation.  The supreme court has exclusive original jurisdiction. Exclusive means no other court can decide such disputes and original means the power to hear such disputes in the first instance, not by way of appeal.
  • 9. Writ jurisdiction  The constitution has constituted the supreme court as the guarantor and defender of the fundamental rights of the citizens.  The supreme court is empowered to issue writs including habeas corpus, mandamus, prohibition, quo-warrento and certiorari for the enforcement of the fundamental rights.
  • 10. Appellate jurisdiction  The supreme court is the court of appeal and hears appeals against the judgement of the lower courts.  Appeals in constitutional matters.  Appeals in civil matters.  Appeals in criminal matters.  Appeals in special leaves.
  • 11. Advisory jurisdiction  The constitution(article 143) authorizes the president to seek the opinion of the supreme court in the two categories of matters….  On any question of law or fact of public importance which has arisen or which is likely to arise.  On any dispute arising out of any pre-constitution treaty, agreement, covenant etc….
  • 12. A court of record  As a court of record the supreme court has two powers  The judgment, proceeding and acts of the supreme court are recorded for perpetual memory and testimony.  It has power to punish for contempt of court, either with simple imprisonment for a term up to six months or with fine up to 2000 or with both.
  • 13. Power of judicial review  Judicial review is the power of the supreme court to examine the constitutionality of legislative enactments and executive orders of both the central and state govts.  On examinations, if they are found to be violative of the constitution, they can be declared as illegal, unconstitutional and invalid by the supreme court.
  • 14. Questions on this topic  Discuss the organization and powers of supreme court of India?  Discuss the writ jurisdiction of the supreme court of India?  Supreme court of India is the court of record. Explain?  Discuss the power of judicial review of the supreme court of India?