ICSE - CIVICS

CHAPTER 4
THE SUPREME COURT
The Judiciary

India has a single judiciary system, which means:

 The Supreme Court is the head of the Indian judiciary and supervises the functions of the lower
courts.
 A single civil and criminal system of laws operates all over the country.
 By the way, of appeal, cases from the High Court may be taken to the Supreme Court.

Need for Single Independent Judiciary

India has adopted a single independent judiciary because of the following reasons:

 It is important to make the judiciary independent and free from any executive and legislative
interference to deliver the rights of individuals.
 An independent judiciary is required for a federal setup as there is division of powers between
state and central governments.
 Only an independent judiciary can protect democracy and safeguard the fundamental rights of
people.

The Supreme Court

The Supreme Court is the highest court of appeal in the country. It is located in New Delhi

Composition: The Supreme Court of India consists of the Chief Justice of India and not more than 25
other judges.

Qualifications: Qualifications required for appointment to the post of judges of the Supreme Court are :

 He should be a citizen of India.

Appointment:

 The President appoints the judges of the Supreme Court in consultation with the other judges of
the Supreme Court, High Court and Council of Ministers.
 The senior most judge is made the Chief Justice of India.
Ad Hoc Judges: An Ad Hoc Judge is a temporary judge appointed to handle a specific case or time
period. They have the same powers, benefits and obligations as Supreme court judges.

Appointment of Ad Hoc Judges:

 The Chief Justice of India may appoint Judges of High Courts as ad hoc judges of the Supreme
Court as and when necessary.
 Ad hoc judges are appointed after consultation with the President and with the consent of the
Chief Justice of the High Court.

Term of Office

 The judge of a Supreme Court holds office until he attains the age of 65 years.
 He may resign from his office by submitting a letter of resignation to the President.
 A judge of the Supreme Court can be removed only by the process of impeachment on the
grounds of proved misbehaviour or incapacity.
 A judge of the Supreme Court can be impeached only if such an order is passed by two-thirds
majority of the total membership of both Houses of the Parliament.

Salaries of Judges

 The judges of the Supreme Court get their salaries from the Consolidated Fund of India and their
salaries and allowances cannot be voted upon by the Parliament.
 The salaries of the judges cannot be reduced to their disadvantage during their tenure.
 Their salaries can be reduced only during the period of financial emergency.
Independence of Judiciary from Executive and Legislature

The Constitution of India has maintained the independence of the judiciary in the following ways:

 The judges of the Supreme Court are appointed by the President in consultation with the Prime
Minister, Cabinet and other judges of the Supreme Court and the High Court. Thus, both
executive and judiciary participate in the appointment of the judges.
 The procedure to remove the judges is not easy and simple. A judge can be removed by the
President only on the grounds of proven misbehavior and incapacity. Charges against the judges
first have to be addressed by the President in front of both Houses of the Parliament and have to
be passed by two-thirds majorities of both Houses.
 A judge can remain in office till he reaches 65 years of age and cannot be removed from his
office except by the process of impeachment.
 The salaries and allowances of the judges are charged upon the Consolidated Fund of India and
cannot be reduced to their disadvantage.
 The judges are free to announce their decisions, and their decisions cannot be criticized in public
or by the press.
  The Supreme Court can punish a person for contempt of court if he refuses to abide by the
decisions of the Court.
 No debate and discussions could place in the Parliament regarding the conduct of a judge or any
decision taken by him in the court.
 Judges are not allowed to continue practice after their retirement. This provision has been made
to ensure that they cannot influence their former colleagues in the judiciary.

Jurisdiction and the Powers of the Supreme Court

1. Original Jurisdiction
 Some cases directly originate in the Supreme Court and cannot be moved to any other
courts than the Supreme Court. This jurisdiction is known as the original jurisdiction.
Some cases which can directly originate in the Supreme Court are:
 When any dispute emerges between the Government of India on one hand and
one or more states on the other hand.
 When disputes arise between the Government of India and one or more states on
one side and one or more states on the other side.
 When disputes arise between two or more states.
 Any individual can directly approach the Supreme Court if any of his/her fundamental
rights are denied or are taken away by the government.
 If the Supreme Court feels that a case being tried in the High Court involves a significant
question of law and order, it may transfer the case to itself.
 All cases where the interpretation of the Constitution is required can be directly filed in
the Supreme Court.
2. Appellate Jurisdiction
Appellate jurisdiction refers to the power of a court to review decisions and change outcomes of
decisions of lower courts. The appellate jurisdiction extends to constitutional, civil and criminal
cases.
Constitutional Cases: All matters under the High Court which involves the interpretation of the
Constitution can be brought before the Supreme Court.
Civil Cases: Appeals can be made to the Supreme Court if the High Court certifies that:
 The case involves an important question of law of general importance.
 The case needs to be decided by the Supreme Court.
 If the High Court refuses to give a certificate, the Supreme Court can grant special leave
to appeal in certain cases.

Criminal Cases: Two types of appeals in criminal cases can be referred to the Supreme Court if
cases with or without the certificate lie before the High Court. The certificate of the High Court is
not required in a case where:

 The High Court has reversed the judgment given by the lower court of acquittal and
punished the accused with a death sentence.
 The High Court withdraws a case from the lower court and gives death sentence to the
accused.
3. Advisory Jurisdiction
 The Supreme Court has an advisory jurisdiction on any question of law which is referred to it by
the President. It gives its advice under the following circumstances:
 If the President feels that any law is of extreme public importance, he can ask for the
advice of the Supreme Court. However, such advice is not binding on the President or the
government.
 Disputes which arise out of pre-Constitutional treaties and agreements which are
excluded in the original jurisdiction can be referred to the Supreme Court for advisory
jurisdiction.
4. Revisory Jurisdiction
The Supreme Court has the power to review any judgement with a view to undo any erroneous
decision given by it. This is important because the Supreme Court is also a court of record and its
decisions may be referred by other courts while giving judgments.
5. Judicial Review
As the Supreme Court is the highest judicial authority, it can review any law passed by the
government and can declare it null and void if it violates any provision made in the Constitution.
This is known as the power of judicial review. The Supreme Court has the power to review all
national and state laws and executive orders and declare them null and void if they do not confirm
to the spirit of the Constitution. Judicial review is an important power of the Supreme Court
because of the following reasons:
 In a federal setup like that of India, if any disputes arise between state and central
governments, the Supreme Court can settle disputes between them.
 In the Constitution, a law may be ambiguously written. The question of interpretation of
law may arise and the Supreme Court has the power to settle disputes.
 At times, the Supreme Court may not have the required wisdom and experience to
explain laws. This work can be done easily by the Supreme Court.
6. Court of Record
The decisions of the Supreme Court are recorded for evidence and testimony. High Courts are
expected to give similar judgments in the cases which are handled by them. The Supreme Court is
a court of record which means:
 The judgments given by the Supreme Court are preserved and can be produced as
evidence in any court.
 If a person is held in contempt of court (disrespecting the decision and dignity of the
court), he can be punished by the court.

Any citizen whose fundamental rights have been violated can directly approach the Supreme Court and
the latter can issue writs such as habeas corpus, mandamus, prohibition,certiorari, quo warranto etc.
for the enforcement of fundamental rights.