The union judiciary. The Supreme Court.

Composition of the Supreme Court: At the commencement of the Constitution, the

number of judges was 8, including the Chief Justice of India. Parliament may by law
prescribe a larger number of judges in accordance with an Act of 2019. The Supreme
Court consists of the Chief Justice of India. I'm not more than 33 other judges.

Appointment of the judges: Every judge of the Supreme Court is appointed by the
President after consultations with Sachh of the judges of Supreme Court and High
Court as the President might deem necessary. But while appointing a judge other than
the Chief Justice, the Chief Justice of India is always consulted.
The Chief Justice of India is required to consult the 4 senior most judges of the
Supreme Court before making any recommendation to the President of India in this
regard. This came to be known as the Collegium system which allows a College of
persons judges to appoint judges.
National Judicial Appointments Commission Ng NCC Act, 2014 had established a
Commission for making recommendations for appointment of the judges of the
Supreme Court and High Court. On 16th October 2015, the Supreme Court struck
down the National Judicial Appointments Commission and revive the old Collegium
system.

Qualifications for appointment as a judge: A judge of the Supreme Court must be a

citizen of India, must have for at least 5 years a judge of the High Court or 2 or more
such courts or an advocate for High Court or 2 or more such courts for at least 10
years or must be in the opinion of the President of distinguished jurist.

Independence and impartiality of the Supreme Court.

Why is the judiciary kept independent of the control of the executive and legislature?
1. The Supreme Court and the High Court administers justice not only between
citizen and citizen, but also between state and citizen. The courts independence
is essential to defend citizens right.
2. Judges Independence is essential for the functioning of a democratic
constitution. An independent judiciary is said to be the first condition of liberty
and equality both.
3. The Supreme Court in the High Courts are gardens of the most precious acid in a
democracy, the people's rights.
Their independence is ensured by the following provisions.
1. Appointment of the judges: In appointing the judges, the Presidential Act on the
recommendation of the Collegium headed by the Chief Justice of India. Thus,
neither the Executive, the President or the Union Minister of Law nor the Chief
Justice of India acting on his own can have full control over judges
appointments. In other words, neither political buyers nor personal favouritism
 would play any part in the appointment of judges. It has enhanced
independence of the judiciary.
2. Security of tenure: A judge can be removed by the President and the ground
of proved misbehaviour or incapacity on an Address of each House of
Parliament. The word proved is very significant. It means that an address can
only be presented after an allegation has been thoroughly examined by some
impartial tribunal.
3. Salaries etc are charged from the Consolidated Fund of India: The salaries,
allowances, EC of the judges shall not be varied to their disadvantage during
their term of office. However, they are changed on the Consolidated Fund of
India and are not subject to vote of Parliament. The salaries of the judges cannot
be reduced except during periods of financial emergency.
4. No discussion with respect to the conduct of any judge: No discussion shall take
place in the Parliament or State Legislature with respect to the conduct of any
judge in the discharge of his duties except when a motion for his removal is
under consideration.
5. Punishment for contempt of court: Genuine criticism of a judgment is allowed,
but nothing should be done to lower the authority or dignity of the court. The
Supreme Court has the power to punish for contempt of itself.
6. Prohibition of practice after Retirement: A retired judge of the Supreme Court
cannot lead any case in any court or tribunal in India. This ensures the judges,
while making decisions, would not be unduly influenced by their former
colleagues or superiors.

Jurisdictions and functions of the Supreme Court.

Jurisdiction is the power that a court of law exercises to carry out judgements, to
interpret laws & settle disputes.

Original jurisdiction.
The original jurisdiction extends to those cases which Supreme Court has authority to
hear and decide in the first instance.
The Supreme Court is in its original jurisdiction entertains suits in the following cases.
1. A dispute between the Government of India and one or more states.
2. Disputes between 2 or more states.
3. A dispute between the Union and any state on one side and the other States and
the other.
4. Regarding all the above disputes, the Supreme Court has an exclusive jurisdiction.
In other words, these disputes cannot be heard or decided by other courts.
5. The Supreme Court entertains suits for the enforcement of fundamental rights as
well. This jurisdiction is not exclusive because High Court also issue writs to enforce
rights.
6. Original jurisdiction extends to such other cases in which an interpretation of the
Constitution is involved.

Appellate jurisdiction.
A Court of Appeal is one which may change the decision or reduce the sentence
passed by the lower court.
The Supreme Court is the final Court of Appeal. An appeal lies to the Supreme Court
from any judgement or final order of a High Court in India.
The appellate jurisdiction extends in the following cases.
1. Constitutional cases: Every High Court has the power to interpret the Constitution
and to issue writs for the enforcement of fundamental rights. However, on matters
involving interpretation of the Constitution, the Supreme Court has the last word to
say. An appeal lies to the Supreme Court from any judgment of a High Court. If the
High Court certifies, the case involves interpretation of the Constitution. If the High
Court refuses to give such a certificate, the Supreme Court may grant special leave
to appeal.
2. Civil cases: appeals in civil matters lie to the Supreme Court. If the High Court
certifies at a case involves substantial question of law of general importance and
be that the question needs to be decided by the Supreme Court, there is no bar on
Supreme Court power to grant special leave to appeal in suitable cases.
3. Appeals in Criminal matters: There are 2 ways in which an appeal in criminal
matters can be brought before the Supreme Court.
a. Without a certificate to the high of the High Court and appeal lies to the
Supreme Court. If the session judge has acquitted the accused with the High
Court on an appeal from the government reverses the decision of acquittal
and sentences the accused to death and be. If the High Court is withdrawn any
case remove subordinate court in is convicted the accused sentence him to
death.
b. With a certificate of the High Court: An appeal lies to the Supreme Court in the
High Court certifies the case is a fit one for appeal to the Supreme Court.

Special leave to appeal by the Supreme Court.

The Constitution gives a very special kind of power to the Supreme Court. The
Supreme Court may grant special leave to appeal in any matter except against an
order of court relating to the armed forces. The aggrieved party may apply for special
leave in civil cases, in criminal cases, in income tax cases and in cases which come up
before tribunal.

Advisory or consultative jurisdiction. (The power of the President to consult the

Supreme Court)
The President may obtain the opinion of the Supreme Court on a question of law or
fact which is of public importance. Questions must be specific and not general or
weak. The Supreme Court may report its opinion after such hearing as it thinks fit.
2 points need to be made about this.
1. The Supreme Court is not bound to express any opinion on the questions submitted
to it.
2. The advisory opinion of the Supreme Court is not binding on the president and any
other courts because it is not a judicial decision.

Revisory function. (Power to review its judgment)

The Supreme Court has power to review any judgment pronounced by it.
This provision shows that human judgment is fallible i.e. the court is also capable of
making mistakes. It may therefore correct something that was misjudged.
In a Judgement passed on 10th April 2002, the Supreme Court said “situations may
arise in the rarest of rare cases which would require reconsideration of a final
judgement to set right miscarriage of justice.”
The Supreme Court cannot allow errors to continue indefinitely. It causes harm or
damage to the general welfare of the public.

Supreme Court is a court of record.

A court of record is one whose judgments are recorded for evidence and testimony.
They are not to be questioned when they are produced before any court. The
judgments are in nature of precedence, that is High Court and other courts are bound
to give a similar decision in a similar case.
A court of record has the power to punish contempt of itself.

Enforcement of fundamental rights.

A writ is a legal instrument to enforce obedience to the orders of a court.

Court's order empowered to issue writs. The Constitution empowers the Supreme
Court in the High Courts to issue the following orders or writs.
Right of habeas corpus heaviest corpus Latin term which means you may have the
body. It provides a remedy for a person who has been unlawfully held in prison or in
police custody. The rid can also be issued where a person has been detained by a
private individual.

Of mandamus the Latin term mandamus means we command the purpose of this
register compel an inferior court or individual to perform their duty. The duty must be
imposed by the Constitution or some law. Mandamus will not lie against private
individual or an organization. Unless their interested with the public duty.

Prohibition A writ of prohibition is issued to prevent an inferior court from exercising

powers which it has not legally vested with. The Supreme Court in the High Court
directs the inferior courts to keep within their limits of their jurisdiction.
Certiorari The term certiorari means to be informed of what is going on. By this right,
the lower court is asked to hand over the record of a particular case to the higher
court.

The writ of prohibition and the rate of 30 or rally both am and restraining their inferior
courts from exceeding their jurisdiction. The difference between the 2 is that their
issued at different stages of the proceedings. When an inferior court is hearing matter
over which it has no jurisdiction, the superior coaching issued the reduce prohibition.
On the other hand, if the port here's the case and gives the decision, the Superior
Court shall issue the writ of certiorari.
The writ of prohibition is preventive, but the writ of certiorari is remedial.

Rite of Co warranty. No, the rift is directed against a person who was wrongfully
assorted in office. The office must be a public officer in office of public nature. The
treasurer of a society, for instance, is not a public office. The Ritz calls upon the
person to show underwear authority he holds the office. If the court decides it the
person concerned is holding that office illegally, it may declare the office to be
vacant.

Supreme Court's power of judicial review.

Judicial review may be defined as the power of the Supreme Court to examine the
laws passed by the legislature and the orders issued by the executive officials to find
whether or not they are permitted by the Constitution. If the court finds it in law or an
order of the executive does something that is forbidden by the Constitution, it
declares them null and void.

The final say as to what the Constitution means, dress with the Supreme Court. That is
why the Supreme Court is known as the garden and final interpreter of the
Constitution.

Scope of judicial review.

The Supreme Court exercises the judicial review in the following ways.
When there is a dispute between the Union government and a state or between
states, the Supreme Court can decide it. In a case State of West Bengal vs the Union
of India, the Supreme Court held that the Union government has the right to acquire
poll bearing areas of West Bengal for public purpose.
The Supreme Court has the power to review all national and state laws in executive
orders and declared them nalin void if they go against the provisions of the
Constitution.
The Supreme Court is the guardian of the fundamental rights. It is empowered to issue
various writs to enforce the fundamental rights.

The use of the power of judicial review.

The Supreme Court has made an effective use of its power of judicial review.
In March 1996, the Supreme Court rule the right to life under Article 21 of the
Constitution did not include right to die. Therefore, the section of the Penal Code
which makes attempt to commit suicide is an offence is valid.
In October 2000, the Supreme Court ruled that the casual workers in government
departments and agencies shall be paid wages at the same rate at which it was paid
to the regular employees.
On October 31st, 2002, the Supreme Court ruled that in case of aided minority
institutions offering professional courses, admission could only be through common
entrance test conducted by a state or some university. Even in unaided minority
institution could not ignore the merit of students for admission.
Regarding honour killings of the couples going for intercaste or inter religion
marriages, Supreme Court on 19th April 2011 declared there is nothing honourable in
such killings. In fact they are nothing but barbaric in shameful acts of murder. The
feudal minded persons who committed such. Max deserve harsh punishment.

Limitations on the power of judicial review the Constitution First Amendment that
added a new schedule the 9th schedule to the Constitution that provided at a loss
place in the schedule would not be called in question any court or on any ground.
Accordingly, may left land reform acts have been placed under this schedule.

Significance, need, and utility of judicial review.

There is no doubt the legislature possesses the highest position in the democracy, but
the power of judicial review has its utility because of 3 reasons.

Our Constitution is written Constitution. Article of the Constitution or a law may be

ambiguously worded. So naturally the question of interpretation of the Constitution is
bound to arise at times.
The Constitution has provided limited powers to the Centre and states. If the Union
government or states go beyond their limits, the functioning of federal government
will become difficult. Only a Supreme Court can settle the dispute between the
Government of India and warmer state.
The legislature does not possess the ability and impartiality which are needed to
explain what the law means. It does not have the ability to take a quick decision as
well. This function can be best performed by judicial body alone, but Parliament can
amend the Constitution to reverse the effect of a judicial decision.