SUPREME COURT AND HIGH COURT

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SS
R
A
RM
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 Supreme Court
/

Art 124-147

·
Part V CJI

i
Originally: Constitution
SC strength: decision
1 CJI + 7on 8SCjudges
strength = 1 + 7 8 judges
Art 124 At present: 32 judges
1 Strength of judges Maximum possible strength is 34 judges (1 CJI + 33 judges) #
g
Basic Pointers

·
2 President appoints every judge of SC Judiciary in India is integrated Judiciary is independent

C
Establishment and constitution of SC
Appointment Supreme Court
Appointment: Judges are appointed by The Supreme Court replace the Federal Court and the
President after consultation After
with existing Judicial Committee of Privy Council after India gained
Max age consultation of

SS
SC and HC judges independence
judges of SC 1st sitting: 28 Jan 1950
Appointment and
Tenure: Judges serve until the ageHCof 65
Chief Justice of India Federal Court
Established on: 1937 under the provisions of GOI Act 1935
Judges Case Appointed by President
1st Judges Case: S. P Gupta Case (1992)
Other
SC stated that the judgesmust take recommendation from CJI of India, which
President
is not binding onRecommendation
Max age: 65 yrs
2nd Judges Case:
↑
of CJI
the executive, granting theisgovernment
R
mandatory significant discretion

1993is no minimum age for the appointment of judges

There
The Parliament replaced the
collegium system by National

:
A
The SC introduced the Collegium System, holding that “consultation” really meant Judicial Appointments Commission
“concurrence”. It added that it was not the CJI’s individual opinion, but an1st female judge of(NJAC) through 99th CA to
SC: Justice Fathima Beevi
Nowhere mentioned in
institutional opinion formed in consultation with two senior most judges in1stSCfemale provide recommendation to the
and Chief Justice of SC: No one till now
the decision was binding on PresidentConstitution President
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Collegium System
1
Group of judges whose recommendation President takes while appointing a judge/Chief Justice of
3rd Judges Case: 1998
SC/Chief Justice of HC
SC on President’s reference expanded the Collegium to a five member body,
comprising the CJI and four of his senior most colleagues Decision of the
Collegium was binding on President
Argument between Parliament and judges
4th Jugdes Case: 2015
Case: Judges Case (total: 4 cases)
PA

SC declared 99th CA as unconstitutional and null and void, and replace the NJAC
with Collegium System
1 President must take recommendation from CJI of India (not his sole decision) 1982 (S. P. Gupta Case)

2 (a): A judge may, by writing under his hand, addressed to the President, resign his office
2 Recommendation of CJI + 2 more judges 1993
2 (b): Judges to be removed in manner provided in clause (4)
3 Recommendation of CJI + 4 more judges 1998 2015 Judicial Appointment Case
S
4 SC invalidated, the National Judicial Appointments Commission act and 99th Constitution amendment
1st female judge of SC: Justice Fathima Beevi
Art 124 NJAC NJAC act ofof2014
1st female Chief Justice SC: Noreplaced the Collegium system
one till now
2 (a) Resignation in return to President of appointing SC and HC judges with NJAC
2 (b) Judges to be removed in manner provided in clause (4) A However both were later declared as

unconstitutional and void in the 4th Judges Case

3 Qualification

·
5 yrs Judge of any HighofCourt

&
(a) Has been 5 years a judge HC or two or more such courts
/

OR
(b) Has been at least 10 years an advocate of a HC or or more Citizen of India
10 yrs
such↑

courtsAdvocate
and of any HC
OR
=>He should be a distinguished jurist inofthe
(c) Is a distinguish jurist in the opinion
↑

theopinion of President
President

4 Removal of a judge

·
Removal by
of President, on on
a judge of SC theground
basis of misbehaviour
resolution passed by Parliament
or incapacity
-

#
Removal Method

C
Order of President
Judges Inquiry Act, 1968

=
↑

Lok Sabha: 100Passed by an address of each House of the

members

SS
-

Rajya Sabha: 50Parliament

members Then presented to Presiding Officer

me
Special Majority (2/3rd of present and voting
V members)
3 membered commission
-
>
If passed, then removal of judges can happen on the basis of Special Majority
Removal on grounds of: Removed
I

-
Proved misbehaviour
Incapacity R
A
#
55 They take oath can
The parliament before thelaws
create President
to establish procedure for investigating and providing judge’s misconduct or incapacity
under clause (4)
66 They
They cannot do before
take oath privatethe
practice once has been placed as a judge of Supreme Court
President
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7 A former SC judge cannot practise law in any court or before any authority within territory of India

Art 125
-
Salaries: Determined by Parliament
-

Law on privileges and salaries: Determined by President

·
Art 126
Difference TheisPresident
vacant, or may
if theappoint
Chief acting
PA

Appointment of acting Chief Justice When the position of Chief Justice

3
Vacancy Chief
Justice is unable to perform their Justice
duties due to absence or other
Chief Justice
reasons,
N

the President appoints another judge from SC to carry out

Art 127
When his seatofisChief
responsibilities not there (vacant)
Justice
Appointment of Ad Hoc Judges
-

:
Ad Hoc
The CJI of India can can appoint a qualified HC judge as temporary SC judge when there aren’t enough
judges to hold a session When the office/judge is absent
-

He/she may have all the powers, jurisdiction, privileges of SC judge during this period
- CJI, after taking advice from the
President may appoint some Ad
Hoc Judges from High Court
 Art 128
Attendance of retired judges at sittings of SC

:
On advice of President

Art 129
Supreme Court to be court of record It means that it’s decision is preserved as legal standards, and it has
the authority to punish for “contempt of itself”
Art 130

C
Refers to Court’s authority
Seat of Supreme Court
to penalise action that
disrespects or disobey its
orders

SS
Constitution declares Delhi as a seat of SC
If CJI wants to declare any other seat of SC,
other than Delhi, it has to take President’s
permission
Article 131A
↓
It was introduced by 42nd CA, 1976, which
Art 131
granted SC exclusive authority to determine
Original jurisdiction of SC

SC has the power

-
to directly
Directly hearessay
approach cases,not
rather
R
Also exclusive (No other court can deal)

than by
necessarily
I
the constitutional validity of Central laws
However, this was repealed by 43rd CA,
1977
A
through lower the
courts
way of appeal

Disputes
Between GOI and one or more states
RM

Between GOI and any state or state one side or one or more state on other side
&
Between two or more state

Art 132
I

Appellate jurisdiction of SC by way of appeal from HC in certain case

PA

In Constitutional matters

Art 133 -
Art 134: Appellate jurisdiction of
↑

Appellate jurisdiction of SC in civil matters (property, marriage, divorce) Supreme Court in regard to
criminal matters
Art 135
Jurisdiction and powers of federal court under existing law to be exercisable by the Supreme Court

Art 136 Not a privilege

Special leave to appeal by SC
A person can approach SC if no proper justice
granted in lower court
Art 137
Review of judgements or orders by SC

!
SC has power to review his own orders
=>
or bench of judges

Art 138

C
Parliament by law can enlarge the jurisdiction of SC

Art 139

SS
-
SC
>
SC can
warranto
issue
has the
and
writs
power on cases
to issue
Certiorari, or any of
of violation
directions, orders or of
them,
than that, must permission of parliament for any
Fundamental
writs, including writsRights
purposes other than those
and inof cases
in the nature
mentioned
Habeaswhen
in
Corpus,wants
clause (2) of Art
to issue
Mandamus,
32
writs, other
Prohibition, Quo

Art 140
Ancillary powers of SC

Can support or help Legislature to

make law better
R
A
Art 141
Law declared by SC to be binding on all courts

Art 142
RM

Enforcement of decree and orders of SC eg: in Bhopal Gas Tragedy,

December 3, 1984, which was
caused due to Methylisocyanate
Violation of separation of power not strict in India
(Company: Union Carbide)
U
Judicial Activism: The exercise of the power of judicial review to SC used Art 142 and passed certain
set aside government acts decree
PA

Art 143
Power of President to consult SC

Advisory jurisdiction

President can go to SC:

If pre-constitutional matter SC advice is mandatory, but not binding on President
If matter of general importance SC advice is not binding

=
Art 144
Civil and judicial authorities to act on aid of SC
 TRICK Art 144
↑

Civil and judicial authorities to act in aid of SC

/

SC: Art 124 SC

ne Art 145
S: Art 125 Salaries ↑
Rule of Court, etc

:
↑ A: Art 126 Acting# judgesJustice
Chief >
-
SC can set its own set of rules for how it operates, as long as
↑
A: Art 127 Ad Hoc term these rules are approved by President and do not conflict with
R: Act 128 Retired judges attendance laws made by the Parliament

C
C: Art 129 Court of record
Art 146
ko
This article outlines the management of SC staff and their
Seat: Art 130 Delhi as a seat of SC
expenses
↑

SS
↑
Offer: Art 131 Original jurisdiction
ka Appointment: CJI of SC appoints the Court’s, officers and staff
Art 140: Ancillary powers

%.·
Service Conditions: CJI set the rules for staff employment terms,
Art 141: Binding Law
such as salaries and leaves
Art 142: Complete jurisdiction
Art 143: Advisory
Expenses: The SC operating cost, including staff, salaries, and

High Court
Part VI
R pensions are paid from Consolidated Fund of India

Art 147
Interpretation
A
⑭
Art 214-2371 The Indian Constitution clarifies that when interpreting the
constitution, any significant legal question should also be
Art 214 considered:
The GOI act, 1935, including its amendments
RM

Establishment of High Court

Orders made under 1935 Act
The Indian Independence Act 1947
Art 215
Orders issued under 1947 Act
I

HC to be court of record
Allahabad HC estd in: 1866
Art 216
Constitution of HC One Chief judge, and other such judges as Parliament may decide
PA

Art 217
Appointment of judges Done by President’s consultation, such other judges as President may feel
necessary
Collegium Max age for HC judge: 62 years
Basic Pointers (HC)
Resignation to President
Proved misbehaviour ↑
1st HC: Calcutta HC (1862), Later:
Bombay HC (1862), Madras HC (1862)
Removal same as judge of SC 1st female judge of HC: Justice Anna
Incapacity
-

Chandy (of Kerala)

Qualification > No provision of distinguish jurist 1st female Chief Justice of HC: Justice
10 years advocate of HC Leila Seth (of Himachal Pradesh)
Has heldORjudicial office for 10 years No of High Courts in India: 25
Has held judicial office for 10 years
 Art 218
I
Application of certain provision (provisions, both in SC and HC)
Judges (Inquiry) Act, 1968
Art 219
-

Oath and affirmation -

>
Governor

Art 220 Restrict formal HC judges from practising law in any

↑
Restriction on practice after being a permanent judge court or before any authority in India, except the
Supreme Courts and other High Courts

C
Art 221
Salaries Consolidated Fund of States Salaries, allowances, leaves and pension
3
>

(Pension Consolidated Fund of India) rights are determined by Parliament

SS
>

Art 222
-
Transfer of judges >
- by President after consultation with CJI

Art 223
When the position of Chief Justice is vacant/unable to
numperform any duties due to absence or other reasons, the
Appointment of acting Chief Justice
judges

-
>
:
Art 225
Jurisdiction
R
President can appoint another judge from the same
High Court to act as Chief Justice
A
Original >Election of dispute MPs/MLAs by HC
Appellate
I

Writ
Governor does not need advice
RM

Art 226
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Writ jurisdiction of HC (wider than SC -
>
HC can issue writs on legal + Fundamental Rights)

HC may refuse to issue writ, but SC cannot

Art 227
PA

Power of jurisdiction over all other courts

Art 228 Transfer of certain cases to High Court

&
*
Art 229 Officers and servants and the expenses of High Courts By CJI of HC

Art 230
Extension of jurisdiction of HC to Union Territories
I -
> Power of Parliament
>
-
Andaman and Nicobar Calcutta HC
Lakshadweep Kochi (Kerala HC)
2Dadra/Daman Maharashtra HC
Puducherry Madras HC (Tamil Nadu)
- Chandigarh Punjab and Haryana HC
Art
Art 231
> 234
I
Establishment of common HC for two or more states (7th CA) Arunachal, Nagaland, Mizoram, Assam,

-
-
> eg: Maharashtra and Goa have
has aacommon
common HC >Maharashtra
Maharashtra
-

have a common High Court Guwahati

Art 233
Art 233A
I
Appointment of·
distinct judges
District (
Validation of appointments of, and judgements, etc., delivered by,
certain district judges
By Governor after consulting HC

C
Art 234
/
Recruitment of persons, other than judges

SS
Art 235 * Inaugural session of Supreme Court: 28 January 1950

The Indian Constitution grants HC supervisory authority over subordinate

courts within its jurisdiction
TRICK
N: X
↑

H: 214 Estd. of HC
-

I
R: 215 Court of record
-

C: 216 Constitution
-

A: 217 Appointment
-
R
A
/

A: 218 Application of certain power

: O: 219 IOath
R: 220 Restriction
: E: x
RM

S: 221 Salary -

T: 222 Transfer
-
>

Comptroller and Auditor-General of India

&
Art 148: Comptroller and Auditor-General of India

(
Art 149: Duties, and power of Comptroller and Auditor-General
PA

S
Art 150: It specifies the accounts of Union and the States

S
Art 151: Audit Reports
Union Accounts: CAG submits reports on Union’s account to President who then present it to both
Houses of the Parliament

State Accounts: CAG submit reports to respective State Governors who then present it to State
Legislature