Comprehensive Study Notes on the Supreme Court of India

Constitutional Framework and System of the Supreme Court

The Indian Judicial System is based on a Part V structure of the Constitution, specifically governed by Articles $124$ to $147$ .
Integrated vs. Disintegrated Systems: Unlike the USA, which has a "Disintegrated Double System," India has adopted an "Integrated Single System of Courts."
Historical Origin: The integrated system was adopted from the Government of India Act of $1935$ .
Role of the Supreme Court:
- It acts as the ultimate Guardian of the Constitution.
- It serves as the final Interpretator of the Constitution.
- It enforces both Central laws and State laws, whereas the US Supreme Court generally handles only Federal laws.
Hierarchy: The judicial structure is tiered as follows:
1. Supreme Court (Top Level)
2. High Courts (State Level)
3. District & Sessions Courts (District Level)
4. Lower Subordinate Courts (Civil and Criminal branches)

Important Constitutional Articles related to the Supreme Court

Article 124: Establishment and Constitution of the Supreme Court (Establishing the court and its structural formation).
Article 125: Salaries, allowances, and other provisions related to Judges.
Article 129: Defines the Supreme Court as a "Court of Record."
Article 130: Establishment of the Seat of the Supreme Court (Delhi).
Article 131: Original Jurisdiction of the Supreme Court for federal disputes.
Article 136: Special leave to appeal granted by the Supreme Court.
Article 137: Power to review judgements or orders previously passed by the Supreme Court (Review Jurisdiction).
Article 138: Enlargement of the jurisdiction of the Supreme Court by Parliament.
Article 139: Powers concerning the issuance of certain writs for purposes other than fundamental rights.
Article 139A: Transfer of certain cases (introduced by the $42^{nd}$ Amendment).
Article 141: Law declared by the Supreme Court is binding on all courts within the territory of India.
Article 143: Power of the President to consult the Supreme Court (Advisory Jurisdiction).

Organisation and Composition of the Judiciary

Number of Judges:
- The current sanctioned strength is $34$ judges. This consists of the Chief Justice of India (CJI) and $33$ other judges ( $1 + 33$ ).
- The Parliament of India has the authority through legislation to increase or decrease this number.
Hierarchy within Districts:
- In Districts: District & Sessions Court leads to Subordinate Judge's Court (Civil side) and Munsiff's Courts/Nyaya Panchayats. On the criminal side, it leads to Chief Magistrate's Court, Judicial Magistrates, and Panchayat Adalats.
- In Metropolitan Areas: City Civil and Sessions Courts are supported by Metropolitan Magistrate's Court and Presidency Small Cause Courts.

Appointment of Judges and the Collegium System

Chief Justice of India (CJI): Appointed by the President after consultation with such judges of the Supreme Court and High Courts as deemed necessary.
Other Judges: Appointed by the President after compulsory consultation with the CJI and other such judges.
The Collegium System Evolution:
- First Judges Case (1982): Ruled that "Consultation" does not mean "Concurrence." It only implied an exchange of views. The advice was non-binding.
- Second Judges Case (1993): Ruled that "Consultation" equals "Concurrence." The advice of the CJI became binding on the President. The CJI must consult $2$ senior-most colleagues.
- Third Judges Case (1998): Expanded the collegium to the CJI plus $4$ senior-most judges of the Supreme Court. If even $2$ judges give an adverse opinion, the recommendation should not be sent to the government.
NJAC Controversy: The $99^{th}$ Constitutional Amendment Act of $2014$ established the National Judicial Appointments Commission (NJAC). However, in $2015$ , the Supreme Court declared the NJAC act and amendment null and void (unconstitutional), reverting to the Collegium system.
Appointment Convention: By convention, the senior-most judge of the Supreme Court is appointed as the CJI. While this was occasionally violated in the past, the Second Judges Case curtailed the President’s discretion, making the seniority rule virtually mandatory.

Qualification, Oath, and Tenure

Qualifications: To be a judge of the Supreme Court, a person must:
- Be a citizen of India.
- Have been a Judge of a High Court for at least $5$ years in succession.
- OR have been an Advocate of a High Court for at least $10$ years in succession.
- OR be a distinguished jurist in the opinion of the President.
- Note: There is no minimum age prescribed for appointment.
Oath or Affirmation: Administered by the President or a person appointed by him. The judge swears to:
- Bear true faith and allegiance to the Constitution of India.
- Uphold the sovereignty and integrity of India.
- Perform duties without fear or favour, affection or ill-will.
- Uphold the Constitution and the laws.
Tenure: The Constitution does not fix a set period (like $5$ years), but provides:
- Retirement at the age of $65$ years.
- Resignation by writing to the President.
- Removal by the President only on the recommendation of Parliament.

Removal of Judges (Impeachment Proceeding)

Grounds for Removal: "Proved misbehaviour" or "incapacity."
Procedural Law: Governed by the Judges (Inquiry) Act, $1968$ .
Step-by-Step Procedure:
1. A removal motion must be signed by $100$ members (in Lok Sabha) or $50$ members (in Rajya Sabha) and submitted to the Speaker/Chairman.
2. The Speaker/Chairman can accept or reject the motion.
3. If accepted, a $3$ -member committee investigates (consisting of an SC judge, a Chief Justice of an HC, and a distinguished jurist).
4. If the committee finds the judge guilty, the house takes the motion into consideration.
5. The motion must be passed by each House with a Special Majority, defined as:
  - Majority of the total membership of the House.
  - AND a majority of not less than $2/3$ members present and voting.
6. After both houses pass the motion, an address is presented to the President, who then issues an order for removal.

Acting, Ad hoc, and Retired Judges

Acting Chief Justice (Article 126): Appointed by the President when the CJI's office is vacant, or the CJI is temporarily absent or unable to perform duties.
Ad hoc Judges (Article 127):
- Appointed by the CJI with the prior consent of the President and after consultation with the Chief Justice of the concerned High Court.
- Required to fulfil the "lack of quorum" of permanent judges needed for a session.
- Must be a person qualified to be an SC judge.
Retired Judges (Article 128): The CJI can request a retired SC or HC judge to sit as a judge for a temporary period, requiring the President's prior consent and the consent of the person so requested.

Seat and Procedure of the Court

Seat: Delhi is declared as the seat by the Constitution. The CJI, with the President's approval, can appoint other places as seats, though this is optional.
Rules of Procedure: The Supreme Court makes its own rules with the President's approval.
Benches:
- Constitutional cases and Article $143$ references are decided by a bench of at least $5$ judges.
- Other cases are typically heard by smaller benches of $2$ or $3$ judges.
Judgment: Delivered in open court by majority vote; dissenting opinions are permitted.

Constitutional Safeguards for Independence

Mode of Appointment: Consultation with the judiciary limits executive discretion.
Security of Tenure: High threshold for removal.
Fixed Service Conditions: Salaries and allowances cannot be changed to their disadvantage after appointment (except during financial emergency).
Expenses: Salaries of judges and staff are Charged on the Consolidated Fund of India (non-votable by Parliament).
Conduct Protection: Conduct of judges cannot be discussed in the legislature except during an impeachment motion.
Ban on Practice: Retired judges are prohibited from pleading or acting in any court or before any authority in India.
Contempt Power: Power to punish for its own contempt (Article $129$ ).
Separation from Executive: Directive in Article $50$ to separate the judiciary from the executive.

Jurisdictions of the Supreme Court

Exclusive Original Jurisdiction:
- Handles Federal Disputes: Centre vs. State(s), Centre + State(s) vs. State(s), or State vs. State.
- Excludes political questions or pre-Constitution treaties.
- Excludes Inter-State water disputes (handled by tribunals under Article $262$ ).
Writ Jurisdiction:
- Concurrent with High Courts (under Article $226$ ).
- Issued for the enforcement of Fundamental Rights (Habeas Corpus, Mandamus, Prohibition, Quo Warranto, Certiorari).
Appellate Jurisdiction:
- Constitutional: Requires HC certificate on substantial questions of law.
- Civil: Requires HC certificate on substantial questions of law of general importance.
- Criminal: Appeals allowed if an HC reverses acquittal to death sentence or takes over a case from a subordinate court to award a death sentence. Parliament has since enlarged this to include life imprisonment or $10$ -year sentences.
Special Leave to Appeal (Article 136): A discretionary power to grant leave to appeal from any judgement of any court/tribunal in India (except military ones).
Advisory Jurisdiction (Article 143):
- Public Importance facts: Court may or may not advise.
- Pre-Constitution treaty/agreement: Court must give advice.
- In both scenarios, the advice is non-binding on the President.

Additional Powers and Roles

Court of Record: Its judgements have evidentiary value and act as legal precedents. It can punish for contempt ( $6$ months imprisonment, fine, or both).
- Civil Contempt: Wilful disobedience of any judgment/writ.
- Criminal Contempt: Scandalizing the court or interfering with judicial proceedings.
Judicial Review: Power to declare Centre/State laws null and void if they infringe Fundamental Rights or violate Constitutional provisions. Note: The phrase "Judicial Review" is not explicitly mentioned in the Constitution.
Revisory Jurisdiction: Power to review its own decisions (Review Petition). A second review is known as a "Curative Petition."
Control over Subordinate Courts: Power to withdraw cases from High Courts and dispose of them; power of judicial superintendence.
UPSC Conduct Inquiry: Inquires into the conduct of the Chairman/Members of UPSC upon Presidential reference; advice here is binding on the President.

Supreme Court Advocates

Senior Advocates: Designated by the SC or HC based on ability/experience; cannot appear without an Advocate-on-Record in the SC.
Advocates-on-Record (AOR): Only these advocates are entitled to file documents or matters before the Supreme Court.
Other Advocates: Named on any State Bar Council roll; can argue but cannot file documents.

Comparative Analysis: India vs. USA and Others

Feature	Indian Supreme Court	American Supreme Court
Original Jurisdiction	Confined to federal cases.	Covers federal, naval, maritime, and ambassadorial cases.
Appellate Jurisdiction	Constitutional, civil, and criminal cases.	Constitutional cases only.
Advisory Jur.	Present (Article $143$ ).	Absent.
Judicial Review	Limited by "Procedure Established by Law."	Wide due to "Due Process of Law."
System Type	Integrated Judicial System.	Double (Separated) Judicial System.

Global Appointment Methods:
- UK: Executive-led $5$ -member panel with members of the judiciary/bar.
- USA: President nominates, Senate confirms.
- Germany: Unique election process where half are elected by the executive and half by the legislature.
- South Africa: Recommendations by the Judicial Services Commission (JSC).

Questions & Discussion

Final Interpreter of Constitution: The Supreme Court of India.
FASTER Initiative: Aimed at faster court order transmission.
Judge Strength Question: Sanctioned strength including CJI is $34$ .
50th CJI (2022): Justice D.Y. Chandrachud.
First potential female CJI (2027): Justice B.V. Nagarathna.
Article 310/311 Context: Article $310$ relates to the "Doctrine of Pleasure" derived from British practice; Article $311$ provides safeguards to civil servants.
Article 21 Interpretation: Includes right to sleep, shelter, and reputation, but generally "right to die" is limited/passive euthanasia (Aruna Shanbaug case).
Article 262: Parliament can bar court jurisdiction over inter-state water disputes.
Article 131: Does not provide jurisdiction over water disputes but provides exclusive original jurisdiction for Centre-State disputes.
Article 131A: Gave HC exclusive power over central laws validity but was repealed by the $43^{rd}$ Amendment.
Transfer of Cases: Article $139A$ added by the $42^{nd}$ Amendment allows SC to transfer cases.
Judge Qualification: Must be a citizen and have served as HC judge ( $5$ years) or HC advocate ( $10$ years). Being an advocate of the Supreme Court for $10$ years is not a standalone qualification mentioned in Article $124$ .
High Court with Multi-State Jurisdiction: Guwahati High Court (States plus UTs).
2023 Statistics: Women constitute approximately $36.3\%$ of the working strength in the district judiciary.