THE SUPREME COURT OF INDIA

THE SUPREME COURT OF INDIA

The Supreme Court stands at the Judicial System of India. It is the ultimate interpreter of the Constitution and the laws of the land. The Supreme Court

was inaugurated on 28th January, 1950. It was raising by the status of the then Federal Court set up under the Government of India Act, 1935.  Article 124 of the Constitution of India states that there shall be a Supreme Court of India consisting of a Chief Justice and other Judges. The power of the Supreme Court may be extended by the Parliament under Article 138 of the Constitution of India. Under Article 130 of the Constitution the Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may appoint with the approval of the President of India.

COMPOSITION:

The Constitution of India provided that the Supreme Court of one Chief Justice and seven judges. The number of judges of the Supreme Court can be increased by the Union Parliament by law. At present the Supreme Court consists of one Chief Justice and thirty other judges. The judges of the Supreme Court including the Chief Justice are appointed by the President of India under his hand and seal. The Constitution has made provisions for the appointment of Acting Chief Justice and temporary Judges.

QUALIFICATIONS OF A JUDGE

A person can be appointed a judge of the Supreme Court, if he/she;

1)Is a citizen of India;

2)Has worked as a judge in some High Courts for a period of not less than 5 years, or

3)Has worked as an advocate in some High Court for a period of not less than 10 years, or

4)Is a distinguished jurist of the country according to the President of India.

The Constitution of India does not prescribe a minimum age for appointment as a Judge of the Supreme Court. Two practices have developed in the composition of the Supreme Court. Of course, they have no constitutional basis. First, one of the judges of India should be governed by the principles of seniority. But this principle has been violated.

APPOINTMENT OF JUDGES:

The Judges of the Supreme Court including the Chief Justice be appointed by the President of India after consulting the Judges of the Supreme Court and High Courts as he may deem necessary. It is also provided in the Constitution that while appointing a Judge of the Supreme Court, he shall consult the Chief Justice. The president may appoint an adhoc judge at the request of the Chief Justice. The appointment of the judges relate to the discretionary authority of the President. The judges are appointed by the President on the advice of the Union Cabinet. He does not make the selection.

TERMS AND REMOVAL OF JUDGES:

The constitution states that the Judges of the Supreme Court shall retire on attaining the age of 65 years. A judge may quit his office any time after submitting his resignation to the President.

A judge of the Supreme Court can be removed on the ground of ‘proved misbehavior’ or ‘incapacity’ by an order of the President issued after an address has been presented to him by the Parliament. Such an address must be passed in each House by a majority of its total membership coupled with 2/3 majority of the members present and voting. A judge cannot be removed merely because of his unpopularity with the legislature.

OATH:   

Every person appointed to be a judge of the Supreme Court, before he enters upon his office, makes and subscribes before the President or any other person appointed in that behalf by him, an oath or affirmation.

PRIVILEGES:

Article 125 of the constitution makes provision for the salary, allowances and other privileges of the judges. The Chief Justice draws a salary of rupees 2,80,000 per month. Other judges receive a salary of rupees 2,50,000 per month. Judges cannot be criticized for the discharge of their lawful duties and nobody can pass any comment on them. Judges receive pension after their retirement. A judge of the Supreme Court, after his retirement, cannot plead or act in any Court or before any authority within the territory of India. He cannot hold any office of profit either under Union or State Governments after his retirement. But under Article 128 of the Constitution, the Chief Justice of the Supreme Court of India with the previous consent of the President may request a retired judge of the Court to sit and act as a Judge of the Supreme Court of India. 

AD HOC JUDGES

Under Article 127, if at any time there is not a quorum of the Judges of the Supreme Court to hold or continue any session, CJI can appoint a Judge of the High Court as an Ad hoc Judge of the Supreme Court for a temporary period. 

1) He can do so only after consultation with, Chief Justice of the High Court concerned and with previous consent of the President.

2) The Judge appointed as a Ad hoc Judges should be qualified for be appointment as the Judge of the Supreme Court.

RETIRED JUDGES

Under Article 128, at any time, the Chief Justice of India can request a retired Judge of the Supreme Court or a retired Judge of the High Court (who is duly qualified for appointment as a Judge of the Supreme Court) to act as a Judge of the Supreme Court for a temporary period.