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constitutional_law:judiciary

Judiciary

Establishment and Constitution of Supreme Court

  1. There shall be a Supreme Court of India constituting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.
  2. Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years:
    Provided that in the case of appointment of a Judge other than the chief Justice, the chief Justice of India shall always be consulted.
    1. a Judge may, by writing under his hand addressed to the President, resign his office;
    2. a Judge may be removed rom his office in the manner provided in Article 124(4).
  3. The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide.
  4. A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and-
    1. has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
    2. has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or
    3. is, in the opinion of the President, a distinguished jurist.
  5. A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament sup-ported by a majority of the total membership of that House and by a majority of not less than two-third of the members of the House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.
  6. Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under clause (4).
  7. Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.
  8. No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.

Salaries, etc., of Judges

  1. There shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.
  2. Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be deter-mined by or under law made by Parliament and, until so determined, to such privi-leges, allowances and rights as are specified in the Second Schedule:

Provided that neither the privileges nor the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment. (Article 125)

Appointment of acting Chief Justice

When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason or absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose. (Article 126)

Appointment of ad-hoc Judges

  1. If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.
  2. It shall be the duty of the Judge who has been so designated, in priority to other duties of his office, to attend the sittings of the Supreme Court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a Judge of the Supreme Court. (Article 127)

Original jurisdiction of the Supreme Court

Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute-

  1. between the Government of India and one or more States; or
  2. between the Government of India and any State or States on one side and one or more other States on the other; or
  3. between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends:

Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagements, and or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute. (Article 131)

Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases

  1. An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, if the High Court certifies under Article 134A that the case involves a substantial question of law as the interpretation of this Constitution.
  2. Omitted.
  3. Where such a certificate is given, any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided.

Explanation: For the purposes of this article, the expression “final order” includes an order declaring an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case. (Article 132)

Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters

  1. An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India if the High Court certifies under Article 134A-
    1. that the case involves a substantial question of law of general importance and
    2. that in the opinion of the High Court the said question needs to be decided by the Supreme Court.
  2. Notwithstanding anything in Article 132, any party appealing to the Supreme Court under clause (1) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this Constitution has been wrongly de-cided.
  3. Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court. (Article 133)

Appellate jurisdiction of Supreme Court in regard to criminal matters

  1. An appeal shall lie to the Supreme Court from any judgment, final order or sen-tence in a criminal proceeding of a High Court in the territory of India if the High Court-has on appeal reversed an order of acquittal of an accused person and sen-tenced him to death; or has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or

Certifies under Article 134A that the case is a fit one for appeal to the Supreme Court:

Provided that an appeal under sub-clause © shall lie subject to such provisions as may be made in that behalf under clause (1) of Article 145 and to such condi-tions as the High Court may establish or require.

  • Parliament may by law confer on the Supreme Court any further powers to en-tertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law. (Article 134)

HIGH COURT

There shall be a High Court for each State.

High Courts to be courts of record

Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. (Article 215)

Constitution of High Courts

Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint. (Article 216)

Appointment and conditions of the office of a Judge of a High Court

  1. Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and in the case of appointment of a Judge other than the chief Justice, the chief Justice of the High court, and shall hold office, in the case of an addi-tional or acting Judge, as provided in Article 224, and in any other case, until he attains the age of sixty-two years.

Provided that -

  1. a Judge may, by writing under his hand addressed to the President, resign his office;
    1. a Judge may be removed from his office by the President in the manner provided in clause (4) of Article 124 for the removal of a Judge of the Supreme Court;
    2. the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India.
  2. A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and -
    1. has for at least ten years held a judicial office in the territory of India; or
    2. has for at least ten years been an advocate of a High Court or of two or more such Courts in succession; (Article 217)

Created on 2020/10/19 23:13 by • Last modified on 2021/01/31 22:48 by LawPage