Supreme Court
Introduction: The Supreme Court is also known as the Apex court. It is the highest court of
appeal in India. It has succeeded the Federal court which was established under the
Government of India Act 1935.It was inaugurated on January 28th 1950. Its first chief justice
was Mr. Harilal J Kania and the present Chief Justice of India is Mr. N.V Ramana
Composition: The Supreme Court of India originally consisted of one Chief Justice and
seven other judges. However the number of judges changes from time to time. Presently
the Supreme Court of India consisted of one Chief justice and thirty four other judges. The
constitution of India also provide for the appointment of ad-hoc judges as and when
required.
Qualification of the Judges: A person appointed to be the judges of the Supreme Court
should have the following qualifications-
i) He should be a citizens of India.
ii) Her should have been a judge of High Court for 5 years
iii) He should have been an advocate of High Court for at least 10 years.
iv) He should be a distinguish jurist in the opinion of the President.
Appointment:
The Chief Justice of India is appointed by the President of India after consulting the
judges of the Supreme Court and of the High Courts as He may deem necessary.
However the judge of the Supreme Court are appointed by the President after
consulting the chief Justice of India and some other Judges of the Supreme Court and
High Courts.
Tenure of the Judges:
The constitution has not fixed the tenure of the judge of the Supreme Court. However it
make the following provision in this regard-
i) He holds office until he attain the age of 65 years.
ii) He can resign from his office by writing to the president.
iii) He can be removed from his office by the President on the recommendation of
the Parliament.
Power of the Supreme Court: Jurisdiction and Function:
1) Original Jurisdiction: Article 131 of the Indian constitution provide for Original
Jurisdiction. It empowers the Supreme Court to hear and decide the cases in the first
instance, i.e. These cases cannot be heard in any other court. It includes
i) Disputes between the union and one or more states.
ii) Dispute between the union and one or more state on the one side and one or
more state on the other.
iii) Dispute between two or more states.
iv) All the cases where interpretation of the constitution is required can be directly
filed in the Supreme Court.
2) Appellate Jurisdiction: The Supreme Court is the highest Court of appeal in India. It is
primarily a Court of appeal and hear the appeal against the judgement of the lower
Courts. It enjoy a wide appellate jurisdiction which can be classified under four head –
i) Constitutional matter
ii) Civil Matter
iii) Criminal Matter
iv) Appeal by special leave: The Supreme Court is authorised to grant in its
discretion special leave to appeal from any judgement in any matter passed by
any court or any tribunal in the Country.
3) Advisory Jurisdiction: Article 143 states that the President of India can seek the advice
of the Supreme Court on a question of law or a fact which is of Public importance.
However such advice is not binding on the President.
4) Enforcement of Fundamental Right: Any Citizens whose rights are violated may move
to the Supreme Court for the Enforcement of Fundamental Rights. The Supreme Court
under Article 32 has the power to issue Writs like Habaes Corpus, Mandamus, Quo-
warranto, Prohibition and Certiorari for the protection of Fundamental Rights.
5) Revisory Jurisdiction: The Supreme Court has the power to review any judgement given
by it because its decision are of evidentiary value and cannot be challenge in any court.
6) Judicial Review: Judicial review is the Power of the Supreme Court to examine the
constitutionality of the legislative enactment and executive order of both the central
and State government. On examination if they are found to be violative of the
Constitution( Ultra-vires), they can be declared as illegal, unconstitutional and invalid
(Null and Void) by the Supreme Court.
7) Court of record: The Supreme Court of India is also known as the court of record. Its
decision are recorded and assume the4 character of law. They are used for evidence
and testimony. The decisions of the Supreme Court are binding on all courts in India.
Conclusion: The Supreme Being the apex Court act as the guardian and protector of the
constitution. However it also provide for the Contempt of Court under Article 129 against
those persons who breach or violate the orders given by it.
