1.

Single Integrated Judicial System:

India has a single integrated judicial system with the Supreme Court at the apex
(i) The sub-ordinate courts, the district courts, and the High Courts are all
subject to the control of the Supreme Court
(ii) Uniform Laws and Procedures: All courts in India follow the same set of
laws and procedures, ensuring consistency in the application of justice across
the country.
(iii) Binding Precedents: Decisions made by higher courts are binding on lower
courts. This means that a ruling by the Supreme Court must be followed by
all other courts in India.
2. Composition of the Supreme Court:
(i) The Supreme Court has a bench comprising the Chief Justice of India and
not more than 33 other judges as per the Act of August 2019, making its
total strength of 34 Judges
(ii) The Parliament may prescribe a larger number of judges by law.
3. Appointment of the Judges:
The appointment of judges to the Supreme Court of India follows a specific process:
(i) Nomination: The process begins with the nomination of a candidate by the
Collegium, which consists of the Chief Justice of India and the four senior-
most judges of the Supreme Court.
 (ii) Recommendation: The Collegium’s recommendation is then sent to the
President of India.
(iii) Presidential Appointment: The President formally appoints the
recommended candidate as a judge of the Supreme Court. While appointing
a judge other than the Chief Justice of India, the President must always
consult the CJI.
(iv) Consultation: Before making the appointment, the President may consult
other judges of the Supreme Court and High Courts as deemed necessary.
(v) The criteria for the appointment of the CJI shall be seniority. However,
the President may appoint another member of the bench if the senior-most
judge is unable to discharge the duties of the CJI.

This process ensures that the appointment of judges is based on merit and
seniority, maintaining the integrity and independence of the judiciary.
4. Qualification of the Judges:
To be appointed as a judge of the Supreme Court of India, a person must meet the
following qualifications:
1. Citizenship: Must be a citizen of India.
2. Judicial Experience: Must have served as a judge of a High Court (or multiple High
Courts in succession) for at least five years.
3. Advocacy Experience: Alternatively, must have been an advocate of a High Court
(or multiple High Courts in succession) for at least ten years.
4. Distinguished Jurist: A person can also be appointed if, in the opinion of the
President, they are a distinguished jurist.
5. Term of Office or Removal:
Judges of the Supreme Court of India hold office until they reach the age of 65.
They can choose to resign before this age by submitting a resignation letter to the
President of India.
Removal (Impeachment Motion)
A Supreme Court judge can be removed from office only on grounds of “proved
misbehaviour or incapacity.” The process for removal is as follows:
1. Initiation: A motion for removal/ impeachment motion can be initiated in either
House of Parliament.
2. Support: The motion must be supported by at least 100 members of the Lok
Sabha or 50 members of the Rajya Sabha.
3. Investigation: Once the motion is admitted, an investigation committee is
formed to look into the charges.
 4. Report: If the committee finds the judge guilty, the motion is taken up for
discussion in the House where it was introduced.
5. Approval: The motion must be passed by a two-thirds majority of the members
present and voting in both Houses of Parliament.
6. Presidential Order: If the motion is passed, the President issues an order for the
removal of the judge.
This rigorous process ensures that judges can only be removed under serious
circumstances, maintaining the independence and integrity of the judiciary .
6. Independence and Impartiality of the Supreme Court:
The independence and impartiality of the Supreme Court of India are ensured through
several constitutional and institutional safeguards:
a. Appointment Process
Judges of the Supreme Court are appointed by the President of India based on
recommendations from the Collegium, which includes the Chief Justice of India and
the four senior-most judges of the Supreme Court. This process helps minimize
political influence, ensuring neither the Executive nor the CJI acting on his own can
have full control over Judges’ appointment.
b. Security of Tenure
(i) Judges hold office until they reach the age of 65.
(ii) They can only be removed by the President on the ground of “proved
misbehaviour or incapacity” on an Address of each House of Parliament.
(iii) The word “proved” is very important as it means that an Address can only
be presented after an allegation has been thoroughly examined by some impartial
tribunal.
c. Fixed Service Conditions
(i) The salaries, allowances, and other conditions of service for judges cannot be
altered to their disadvantage after their appointment. This financial security helps
maintain their independence.
(ii) The salaries are charged on the Consolidated Funds of India and hence are not
subject to Vote of Parliament.
(iii) The salaries of the judges cannot be reduced except during periods of
Financial Emergency.
d. Prohibition on Practice
After retirement, Supreme Court judges are not allowed to practice law in any court or
before any authority in India. This ensures that the judges, while making decisions,
would not be unduly influenced by their former colleagues or superiors .
e. Power to Punish for Contempt
Genuine criticism of a Judgement is allowed, but nothing should be done to lower the
authority or dignity of the Court. The Supreme Court has the authority to punish for its
contempt, which helps maintain its authority and independence.
f. No discussion with respect to the Conduct of any Judge
The conduct of judges cannot be discussed in Parliament or state legislatures except
when a motion for their removal is under consideration, protecting them from political
pressure.
These measures collectively ensure that the Supreme Court operates independently and
impartially, upholding the rule of law and protecting the rights of citizens.
Why is the Judiciary kept independent of the control of the Executive and the
Legislature:
(i) The Supreme Court and the High Courts administer justice not only between
citizen and citizen but also between ‘State’ and ‘Citizen(s)’.
(ii) An independent judiciary is essential for the functioning of a democratic
Constitution and is the first condition of liberty.
(iii) The Supreme Court and the High Courts are the “guardians of the most
precious asset in a democracy, the people’s rights.”

7. Jurisdiction & Functions of the Supreme Court

“Jurisdiction is the power that a court of law exercises to carry out judgment,
to interpret laws and to settle disputes”
(i) Original Jurisdiction
The Original Jurisdiction extends to those cases which the Supreme Court has
the authority to hear and decide in the first instance. These include:
(i) Centre-State or Inter-State Disputes:
• A dispute between the Government of India and one or more states
• Dispute between two or more States
• A dispute between the Union and any State or States on one side and one or
more States on the other side
The above come under the “Exclusive Jurisdiction” of the Supreme
Court and cannot be heard or decided by any other courts.
(ii) Protection of Fundamental Rights
• It also has the power to enforce Fundamental Rights under Article 32 of the
Constitution, allowing individuals to approach the Supreme Court directly
for the protection of their rights.
(iii) Interpretation of the Constitution:
Original Jurisdiction extends to such other cases in which an Interpretation
of the Constitution is involved
(ii) Appellate Jurisdiction
 Appellate Jurisdiction means the power to grant special leave to appeal against
the judgement delivered by any court in the country. As the Supreme Court is a
Court of Appeal, it may change the decision or reduce the sentence passed by
the lower court. This power of the SC extends to the following cases:
(i) Constitutional Cases: All matters irrespective of the nature, where a
certificate is issued by the High Court that it involves an important point
of law and needs the interpretation of the Constitution, can be brought
before the Supreme Court. If the High Court refuses to give a certificate on
such a case the Supreme Court can grant special leave of appeal.
(ii) Civil Cases: Appeals in the civil matters lie to the Supreme Court, if the
High Court certifies:
(a) That the case involves substantial question of law of general importance
(b) That the question needs to be decided by the Supreme Court.
(iii) Criminal Cases: Two types of appeals in criminal cases lie in the
Supreme Court:
(a) Cases with the certificate of the High Court: An appeal lies to the
Supreme Court if the High Court certifies that the case is a fit one for
appeal to the Supreme Court.
(b) Cases without the certificate of the High Court:
The certificate of the High Court is not required in a case:
(i) Where the High court has reversed the judgement of acquittal given by
the Lower Court and punished the accused with a death sentence;
(ii) A case which is withdrawn by the High Court from a Subordinated
Court and sentenced the accused to death
(iii) Advisory Jurisdiction:
The Supreme Court has advisory jurisdiction on any question of law or fact of
public importance as may be referred to it for consideration by the President of
India. The SC may be required to express its opinion in two cases however it is
not bound to do so:
(i) Any question of law that the President considers to be of public
importance and it is necessary to obtain the opinion of SC. Such
opinion of the SC is advisory and not binding on the Government
nor is it executable as a judgement of the Supreme Court.
(ii) Dispute arsing out of pre-Constitution treaties and agreements which
is excluded from the original jurisdiction by Article 131.
(iv) Revisory Function:
Under Article 137, the SC is empowered to review any judgement or order made
by it to remove any mistake or error that might have crept in. This is important
because the SC is a court of record and its decisions are of evidentiary value
and cannot be questioned in any court.
(v) Power of Judicial Review:
(i) The Supreme Court is the final interpreter of the Constitution.
 (ii) It has the power to review the laws passed by the Union or the State
legislatures.
(iii) The SC can declare a law ultra vires or null and void, if it is against
the letter and spirit of the Constitution or contravenes any
provision of the Constitution.
(iv) The minimum number of Judges to hear and decide a case involving
interpretation of the Constitution shall be FIVE.
What is the need for Judicial Review/ the importance of Judicial Review?
i. In a written Constitution like ours a law may be ambiguously worked.
The question of interpretation of the Constitution is bound to arise and
the SC only has the power of original jurisdiction
ii. The legislature may not possess the wisdom, experience and
impartiality which are needed to explain what the law means. This
function can be best performed by the SC.
(vi) Court of Record:
A Court of Record is a court whose judgements are recorded for evidence and
testimony. The judgement are like ‘precedents,’ i.e., the High Courts and the
other Courts are bound to give a similar decision in a similar case. They are not
to be questioned when produced before any subordinate court.
In the greater sense, the term “Court of Record” has two implications:
i. Its judgements & orders are preserved as records. These can be produced
in any court as precedents.
ii. If a person commits contempt of the court, the court can punish him. No
authority can deprive the court of this right.

(vii) Enforcement of Fundamental Rights and Issue of Writs:

The Supreme Court has the power to issue orders or writs, like habeas corpus,
mandamus, prohibition, quo warranto & certiorari for enforcing any of the
Fundamental Rights.

The writs and their functions are as follows:

The Supreme Court of India issues five types of writs to enforce the
fundamental rights of citizens. Here are the writs and their respective
functions:
1. Habeas Corpus (To have the body): This writ is used to release a person who
has been unlawfully detained or imprisoned. It ensures that a person’s right to
liberty is protected by requiring the detaining authority to bring the person before
the court to justify the detention.
2. Mandamus (We Command): This writ commands a public authority or a sub-
ordinate court to perform a duty that it is legally obligated to complete. It is
issued when a public official or body fails to perform a mandatory duty.
 3. Prohibition: This writ is issued by a higher court to a lower court or tribunal to
prevent it from exceeding its jurisdiction or acting contrary to the rules of natural
justice. It essentially stops the lower court from continuing proceedings in a case.
4. Certiorari (To be informed of what is going on): This writ is issued by a higher
court to a lower court or tribunal either to transfer a case pending with the latter
to itself or to quash the order of the lower court in a case. It is used to correct
errors of jurisdiction or law.
5. Quo-Warranto (By what order): This writ is issued to challenge the legality of
a person’s claim to a public office. It questions the authority by which the person
holds the office and can lead to the removal of the person if the claim is found to
be invalid.

Important Terms:
i. Decree: An order having the force of law
ii. Writ: It is an order from a judicial authority asking a person or body to
perform some act or refrain from performing an act.

The High Courts:

Composition:
i. Each High Court has a Chief Justice and such other Judges as the
President may from time to time appoint.
ii. The number of the judges of a High Court is not fixed. Therefore, their
number varies from State to State.

Qualifications of judges:
The qualifications of the Judges are as under:

(i) One should be a Citizen of India; and

(ii) One should have held a judicial office in India for at least 10 years,

(iii) One should have been advocate of a High Court for at least ten years.

The qualification "a distinguished Jurist", which had been added by the 42nd
Amendment Act (1976) was omitted by the 44th Amendment Act (1978)
Appointment:
 (i) The Chief Justice of the High Court is appointed by the President of India in
consultation with the Chief Justice of the Supreme Court and the Governor of
the concerned State.
(ii) The appointment of other judges shall also be made in the same manner except
that in their case the Chief Justice of the High Court shall also be consulted.
(iii) The Supreme Court ruled that the Chief Justice of India should
consult two seniormost judges of the Supreme Court before making any
recommendation to the President in this regard.
Additional and Acting Judges:
(i) In case of temporary increase in the business of a High Court, the
President can appoint additional judges. Such a person should not have
attained the age of sixty-two years.
(ii) When a Judge of a High Court is unable to perform the duties of his
office, the President may appoint a duly qualified person to act as a
Judge of that Court. The Acting Judge holds office until the permanent
Judge has resumed his duties.
(iii) When the Chief Justice is unable to perform his duties, the President
may appoint one of the permanent Judges to act temporarily as Chief
Justice.
Term of Office:
(i) Every Judge of a High Court shall hold office until he attains the age of 62
years.
(ii) Impeachment of Judges: A judge can be removed from office on the ground
of proved misbehaviour or incapacity. But it is possible only when both the
Houses of Parliament pass a resolution by a majority of total membership of
that House and a majority of not less than two-thirds of the members present
and voting. They should then present an Address (request) to the President
for such removal
Jurisdiction and functions:
Original,
Appellate,
Revisory,
Judicial Review
Court of Record.
Enforcement of Fundamental Rights and Writs.