Supreme Court (SC)
Supreme Court (SC) came into existence on 28 January 1950. It replaced both the Federal Court of India and the Judicial Committee of the Privy Council, which were then at the apex of the Indian court system.
About Supreme Court (SC)
- Supreme judicial authority and the highest court of India.
- Final court of appeal for all civil and criminal cases in India.
- The first Chief Justice of India was H. J. Kania.
- Originally, the Constitution of India envisaged a supreme court with a chief justice and seven judges; leaving it to Parliament to increase this number.
- In its formative years, the Supreme Court met from 10 to 12 in the morning and then from 2 to 4 in the afternoon for 28 days per month.
Powers of SC
- It takes up appeals primarily against verdicts of the High Courts of various states and tribunals.
- It also has the power of judicial review.
- It has extensive powers in the form of original, appellate and advisory jurisdictions.
- As an advisory court, it hears matters which are referred by the President of India.
Structure of SC
- Consists of the Chief Justice of India and a maximum of fellow 33 judges.
- Judges of the Supreme Court in India currently conclude their service upon reaching the age of 65.
- Indian parliament to determine the salary, other allowances, leave of absence, pension, etc. of the Supreme Court judges.
- Article 124(4) of the constitution, President of India can remove a judge on the grounds of proved misbehaviour or incapacity when parliament approves with a majority of the total membership of each house in favour of impeachment and not less than two thirds of the members of each house present.
- A person who has retired as a judge of the Supreme Court is debarred from practicing in any court of law or before any other authority in India.
- Judges appointed through Collegium system.
- Members of Collegium are:
- Chief Justice D.Y. Chandrachud
- Justice Sanjiv Khanna
- Justice Bhushan Ramkrishna Gavai
- Justice Surya Kant
- Justice A. S. Bopanna
- Members of Collegium are:
- Supreme Court Rules, 2013 entitle only those advocates who are registered with the Supreme Court, called advocates-on-record to appear, act and plead for a party in the court. Those advocates who are designated as ‘senior advocates’ by the Supreme Court or any of the high courts can appear for clients along with an advocate-on-record.
Laws regarding SC
- Article 124 – Supreme Court of India had been Constituted and Established.
- Article 125 of the Indian constitution leaves it to the Indian parliament to determine the salary, other allowances, leave of absence, pension, etc. of the Supreme Court judges.
- Article 129 – Supreme Court is to be the Court of Record.
- Article 131 – Original Jurisdiction of the Supreme Court is authorized.
- Articles 132, 133 and 134 – Appellate Jurisdiction of the Supreme Court is authorized.
- Article 135 – Federal Court’s Power is given to the Supreme Court.
- Article 136 deals with the Special leave to Appeal to the Supreme Court.
- Article 137 explains the Review Power of the Supreme Court.
- Article 138 deals with the Enlargement of the jurisdiction of the Supreme Court.
- Article 139 deals with the Conferment on the Supreme Court of powers to issue certain writs.
- Article 140 gives Ancillary powers to the Supreme Court.
- Article 141 of the Constitution gives the Law making power of the Supreme Court .
- Article 142 of the Constitution – Court is conferred with the inherent jurisdiction to pass any order deemed necessary in the interest of complete justice which becomes binding on the President to enforce.
- Article 146 of the Constitution deals with the appointments of officers and servants of the Supreme Court registry.