Quick Revision Module

( UPSC Prelims 2024)

POLITY

* i.stititiation
SC = 124 - 147
HC = 214- 232
USA SubC = 233-237
1312) = Judicial revein.
21124-(4) = removed
(schedule-2) # CJI= 124(c) appoints pre
Acting judge = 126
(pFoowrercFoonrtePmupnitsh) Adhoc Judge- 127 =uVHC⅓) Judge quaram required For
court Threatening condition

Retired judge = 128

Art-131 = gives sc original jurisdiction to hear disputes.
a) GOI vs 108 mooe state

<b)y_,GOE, ,S on; state vs 2,3 State

more state.

At-132=1 : : :: : : : : : : : :# i f eng.fi ?

Art-134- power to se from H- in fight

Fede#Apex
 GENERAL STRUCTURE OF INDIAN JUDICAL SYSTEM
Supreme
Court

High
Courts

(In Districts) District (In Metropolitan

& Sessions Court areas)

(Civil) Provincial (Criminal) Metropolitan City Civil and Presidency

Subordinate small Cause Court of Magistrate’s Sessions Small Court
Judge’s Court Court session Court Courts

Munsiff’s Nyaya Chief Panchayat

Courts Panchayats Magistrate’s Adalats

Judicial Executive
Magistrates Magistrates

ORGANISATION OF
SUPREME COURT

Number of Judges
Current sanctioned strength (34) (1 chief justice + 33 other judges)
Parliament by legislation can increase or decrease the number
(1240)
Appointment of Judges
Chief Justice of India (CJI) – by the president after consultation with such judges of the Supreme
Court and high courts as he deems necessary.
o By convention – seniormost judge is appointed
o At times, this convention violated but SECOND JUDGES CASE
curtailed this discretion and ruled seniormost judge only should be appointed.
Other judges - by president after consultation with the chief justice (compulsory) and such other
judges of the Supreme Court and the high courts as he deems necessary.

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 Controversy over consultation
LENA
First Judges Case Consultation does not mean concurrence and it only implies exchange of
1981 views 1981
Second Judges Case Consultation = concurrence
- So advise of CJI binding on President
1993
1993 - CJI will consult 2 seniormost colleagues
Third Judges Case Consultation – consultation with collegium
- sole opinion of CJI does not constitute the consultation process
1998 - CJI should consult a collegium of four seniormost judges of the Supreme
Court and even if two judges give an adverse opinion, he should not send
the recommendation to the government. or psez .

Qualification of Judges
Constitution prescribes following conditions
Citizen of India
A judge of a High Court (or high courts in succession) for five years
Advocate of a High Court (or High Courts in succession) for ten years
Distinguished jurist in the opinion of the president.
NO MINIMUM AGE PRESCRIBED

Oath or Affirmation
Before the President, or some person appointed by him for this purpose Judge swears following oath
to bear true faith and allegiance to the Constitution of India
to uphold the sovereignty and integrity of India
to duly and faithfully and to the best of his ability, knowledge and
judgement perform the duties of the Office without fear or favour, affection or ill-will
to uphold the Constitution and the laws.

Tenure of Judges

In constitution – NO FIXED TENURE but 3 following provisions are there

He holds office until he attains the age of 65 years.(Any question regarding his age is to
be determined by such authority and in such manner as provided by Parliament)
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

Removal of Judges

In constitution - only by the President on ground of ‘proved misbehaviour’ or ‘incapacity’ only

after a motion to this effect is passed by both the Houses of Parliament by special majority

Misbehaviour or incapacity shall be proved by an impartial tibunal o (composition of Tribunal is

decided under Judges Enquiry Act 1968.)
1968 E ng wireg Act
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 Impeachment Proceedings
A removal motion signed by 100 members (in CASE of lok sabha) or 50 members (in
case of Rajya Sabha) is to be given to the Speaker/Chairman.

If the motion is admitted, then a three member committee (consisting of a Supreme

court judge, a chief justice at high court and a distinguish jurist to investigate
into the charges is constituted.

If the committee finds the judge to be guilty of the charges (misbehavior of

incapacity), the house in which the motion was introduced, can take consideration or
the motion.

Special majority: Majority of total membership of the house & Majority of not less than two

⅔ not le s s th an ⅔
third members present and voting

Once, the House in which removal motion was introduced passes it with special majority it goes to
the second house which also has to pass it with a special majority.

After the motion is passed, an address is presented to the President for removal of the judge. The
President then passes an order removing the judge.

Seat of Supreme Court

The Constitution declares Delhi as the seat of the Supreme Court.

But, it also authorises the chief justice of India to appoint other place or places as seat of the
Supreme Court but approval of the President required.
This provision is only optional and not compulsory.

Other Judges of Supreme Court

Acting Chief Justice of India

Appointment By President
Who can be appointed? A judge of supreme court
In what situation? in case CJI office vacant/temporarily absent/unable to
perform his duties

Ad hoc Judges
Appointment By CJI only after consulting with the Chief justice of the
concerned High Court with the prior consent of the
President
A judge of High court (qualified for appointment as a
Who can be appointed?
judge of the Supreme court)

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 In what situation? lack of quorum of the permanent judges to hold or
continue any session of the Supreme court

It is the duty of the judge so appointed to attend the sitting of the Supreme Court, in
priority to other duties of his office and while so attending he enjoys all the jurisdiction,
powers and privileges of a judge of the Supreme Court.

Retired Judges
The Chief Justice of India can request a retired judge of the Supreme Court or High Court to act as a
judge of the Supreme Court for a temporary period.
The President’s previous consent is necessary.
Such a person will enjoy all the jurisdiction, powers and privileges of a Supreme Court Judge.
But he will not otherwise be deemed to be a judge of the Supreme Court

Salary and Allowances

Parliament determine the salary, other allowances, leave of absence, pension, etc. of the Supreme
Court judges.
But Parliament cannot alter any of these privileges and rights to the judge's disadvantage after his
appointment.
Salaries, allowances and pensions of the judges of Supreme Court are charged on the Consolidated
Fund of India (so non-votable by Parliament).

Procedure of Court
Supreme Court make rules for regulating practice and procedure of the Court (with President
approval).
Constitutional cases or references made by the President under Article 143 - decided by a Bench
consisting of at least five judges.
All other cases – by bench consisting of not less than three judges.
The judgements are delivered by the open court.
All judgements are by majority vote but judges can give dissenting opinions.
Law declared by the Supreme Court is binding on all courts within the territory of India

CONSTITUTIONAL
SAFEGUARDS FOR
INDEPENDENCE OF
SUPREME COURT

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 Appointment by President in Security of Tenure - can be Fixed Service Conditions -
consultation with members of removed from office by the cannot be changed to their
judiciary itself President only in the manner disadvantage after their
and on the grounds mentioned appointment except during a
in the Constitution. financial emergency

salaries, allowances and pensions Conduct of Judges cannot be Its Jurisdiction cannot be
of the judges and the staff as discussed in legislature except curtailed by the Parliament
well as all the administrative during impeachment motion although it can extend the same
expenses
Charged on Consolidated Fund
Ban on Practice after Power to Punish for Freedom to Appoint Separation from
Retirement its Contempt its Staff Executive

JURISDICTION OF
SUPREME COURT

Exclusive Original Jurisdiction

Federal Disputes (between centre & 2 or more states; between centre + some state on one side &
one or more states on the other; between 2 or more states)
o It should involve a question of law
o Question of political nature are excluded
Election Disputes (regarding the election of the President and the Vice-president)
This jurisdiction does not extend to
o Inter-State Water disputes
o matters referred to the Finance Commission;
o adjustment of expenses between the Centre and the States;
o ordinary dispute of commercial nature;
o dispute arising out of pre-Constitution treaty or agreement;
o any treaty or agreement, which specifically provides that that the said jurisdiction does not
extend to the dispute

Writ Jurisdiction
Power to issue directions or orders or writs (Habeas corpus, Mandamus, Prohibition, Quo Warranto
and Certiorari, whichever may be appropriate for the enforcement of fundamental rights)
It is concurrent with high courts, not exclusive in regard to enforcement of Fundamental Rights.
The Supreme Court has original jurisdiction because citizen can directly go to the Supreme Court
Parliament by law can confer on the Supreme Court, power to issue directions or orders or writs
for other purposes (than enforcement of fundamental rights) as well.

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Appellate Jurisdiction
Highest court of appeal

In constitutional In civil matters In criminal matters By special leave

matters
High court has High court has If High court - The Supreme Court
to certify that to certify case - has on appeal reversed an order of has discretion to
case involves involves a acquittal of an accused person and grant special leave
substantial substantial sentenced him to death; or to appeal from a
question of law question of law - has taken before itself any case judgement or order
needing of general from any subordinate court and of any non-military
interpretation of importance, and convicted the accused person and Indian court or
constitution it needs to be sentenced him to death; or tribunal
decided by the - certifies that the case is a fit one - May be related to
Supreme Court for appeal to the Supreme Court. any matter
- Very wide power
Parliament later enlarged
jurisdiction and included life
imprisonment or for 10 years as well
and not just sentence of death

Advisory Jurisdiction

In matters referred by President

1. On any question of law or fact of public importance, which has arisen or which is likely to arise.
(supreme court may advise or refuse to tender its advice)
2. On any dispute arising out of any pre-Constitution treaty, agreement, covenant, engagement,
sanad or other similar instruments. (supreme court must give its advice)
In both cases advice non-binding

Other Jurisdiction powers

As court of record Judicial review Revisory Jurisdiction

The judgements, proceedings and acts Supreme Court can declare The Supreme Court has
of the Supreme Court are recorded legislative enactments of power to review any
- These records are admitted to be of the Centre and states and judgment pronounced or
evidentiary value and are recognised any executive orders as null order made by it.
as legal precedents and legal references and void if they violate the Grounds for exercising
It has power to punish for contempt of Constitution this power can be
court (simple imprisonment for a term It can be done on the restricted by
upto six months or fine or both). following three grounds: Parliamentary legislation
- It can punish for contempt not only of (a) it infringes the or Rules made by the
itself but also of high courts, Fundamental Rights (Part III), Supreme Court itself.
subordinate courts and tribunals in the (b) it is outside the The petition filed to
entire country. competence of the authority review its judgement is
- There can be civil or criminal contempt. which has framed it, and. called ‘Review Petition’

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Civil contempt means willful (c) it is repugnant to the while second review
disobedience to any judgment, order, constitutional provisions. petition is called
writ or other process of court or willful Phrase JUDICIAL REVIEW – ‘Curative Petition’
breach of undertaking given to the court. not mentioned in l

Criminal contempt means the publication

of any matter or doing any act, which
constitution
SC Dec is ion
scandalizes or lowers the authority of a
court; prejudices or interferes with due
#
course of judicial proceeding; obstructs
or interferes the administration of
at .at
justice in any manner
It

Other powers of Supreme Court

Highest Court of Law- It is the ultimate interpreter of the Constitution.
Its law is binding on all courts in India- Its decree or order is enforceable throughout the country.
All authorities (civil and judicial) in the country should act in aid of the Supreme Court.
Control over subordinate courts- It is authorised to withdraw the cases pending before the high
courts and dispose them by itself. It can also transfer a case or appeal pending before one high
court to another high court. It has power of judicial superintendence and control over all the courts
and tribunals functioning in the entire territory of the country.
Enquiry of Conduct- It enquires into the conduct and behaviour of the chairman and members
of the UPSC on a reference made by the president. If it finds them guilty
of misbehaviour, it can recommend to the president for their removal. The advice tendered by the
Supreme Court in this regard is binding on the President
Complete Justice- It may pass such decree or make such order as is necessary for doing complete
justice in any cause or matter pending before it.

SUPREME COURT
ADVOCATES

Every advocate is not allowed to practice law in the Supreme court. Only the
following three categories of advocates are entitled to do so

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 Senior Advocates Advocates-on-Record Other Advocates
1. The Supreme Court of India or any High 1. Only these advocates 1. These are advocates
Court can designate any Advocate, with his are entitled to file any whose names are
consent, as Senior Advocate if in its opinion matter or document entered on the roll of
by virtue of his ability, standing at the Bar before the Supreme any State Bar Council
or special knowledge or experience in law Court. maintained under the
the said Advocate is deserving of such Advocates Act, 1961
distinction. and
2. They can also file an
2. A Senior Advocate is not entitled to appear appearance or act for
without an Advocate-on-Record in the a party in the Supreme 2. They can appear
Supreme Court or without a junior in any Court. and argue any matter
other court or tribunal in India. on behalf of a party
in the Supreme Court
3. He is also not entitled to accept instructions but they are not
to draw pleadings or affidavits, advise on entitled to file any
evidence or do any drafting work of an document or matter
analogous kind in any court or tribunal in before the Court.
India or undertake conveyancing work of
any kind whatsoever but this prohibition
shall not extend to settling any such matter
as aforesaid in consultation with a junior.

COMPARISON WITH
AMERICAN SUPREME
COURT

Indian Supreme Court American Supreme Court

original It is confined to federal cases. It covers not only federal cases but also
Jurisdiction cases relating to naval forces, maritime
activities, ambassadors, etc.

Appellate It covers constitutional, civil and It is confined to constitutional cases

Jurisdiction criminal cases. only.

Advisory
It has advisory jurisdiction. It has no advisory jurisdiction.
Jurisdiction

It defends right of the citizen It defends right of the citizen according

Judicial
according to the ‘procedure to the ‘due process of law’ Thus, its
Review
established by law’. Thus, its scope scope of judicial review is wide.
of judicial review is limited.

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 Change in Its jurisdiction and powers can be its jurisdiction and powers are limited
Jurisdiction enlarged by parliament. to that conferred by the constitution.

It has power of judicial It has no such power due to double (or

Control over
superintendence and contorl over separated) judicial system.
subordinate
state high courts due to integrated
courts
judical system.

Fundamental Unified judicial system Segregated on federal principle

difference
Extraordinary Present
power of special Absent
leave

COMPARISON WITH
OTHER COUNTRIES IN
APPOINTMENT
OF JUDGES

COMPARISON BETWEEN DIFFERENT COUNTRIES

HOW THE SELECTION PROCESS WORKS IN VARIOUS JURISDICTIONS
The mechanism for judicial appointments differ from country to country. A look

India U.K U.S Gremany South Africa

WHO APPOINTS

The 5- Executive,
President member President Legislature President
panel

PERSONS INVOLVED IN MAKING THE DECISION

Since 1993, a collegium, It consists of the SC Justices are It is unique as the The South African
consisting of the CJI President, his deputy, nominated by country has an Judicial Services
and other senior and one member each the president and election process to Commission
SC judges, has made appointed by the JACs confirmed by the appoint judges. recommends the list
recommendation for of England, Scotland U.S Senate. Senate Half the members of candidates to be
persons to be and Northem Ireland. Judiciary Committee of the Federal appointed as
appointed as SC and The JACs comprise lay Holds hearing and Consitutional Court supreme court
HC judges, to the persons, members of votes on whether are elected by the judges. All other
President Judiciary and the nominations should executive and half judges are
bar go to the full senate by the legislature. appointed on its
advice

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