The Judicature

 No Federal distribution of Judicial Powers

 Integrated system of Courts

 Supreme Court, High Court, Subordinate Courts

 Civil and Criminal Justice

 Panchayat Courts

 Munsiff’s Court/ Small Causes Court

 District Court (Sessions)

 Judicial Magistrates/ Metropolitan Magistrates

Supreme Court of India, Delhi

THE SUPREME COURT OF INDIA

 Chief Justice of India (Article 124)

 25 other judges

 Retired Supreme Court Judge to act as Supreme Court

Judge
 High Court Judge to be appointed as ad hoc Judge of
Supreme Court

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 Chief Justice of India Sri K.G. Balakrishnan – 2009

 Appointment of Judges

 Appointed by President

 Chief Justice of India – With advice of Ministers – Senior

most Judge
 Other Judges – Supreme Court and High Court – with
consultation (concurrence) of Chief Justice of India

Reference by President – 9 Judge Opinion (Procedure

Details)
1. Collegium to help Chief Justice of India to form opinion
– 4 senior most Judges and in writing
2. Judges of Supreme Court who have come from High
Court and from where the recommended judges have
come from – in writing
3. Recommendation by Chief Justice of India to
Government of India
4. Memorandum submitted by Chief Justice of India to
Government of India to convey views of non-judges
(members of bar) opinion taken
5. Collegium to give Consensual Opinion – no
appointment if Chief Justice of India dissents
6. When two or ore members of Collegium dissent - Chief
Justice of India not to persist

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 7. In case of non-appointment of person recommended –
refer back to Collegium by Government of India – if
unanimously reiterated, appointment to be made
8. The reasons for non-appointment conveyed to person
and his response heard
9. Merit predominant condition
10. Cogent and good reasons given for recommendation
11. In case of equal merit – factor of High Courts not
represented to be considered
12. Judge passed over can be reconsidered
13. Recommendation of Chief Justice of India in compliance
of norm not binding on Government of India

 Qualification for Appointment as Judge

a) Citizen of India
b)

 A distinguished Jurist

 High Court Judge for five years

 Advocate for ten years

 Subscribe to oath

 Tenure of Judges – Upto

 65 years – no minimum age – no fixed period

 Resignation submitted to President

 Removed – ‘Proved Misbehaviour’ – ‘Incapacity’

Procedure – Special majority of each House

 Majority of total membership

 2/3 of existing
Impeachment of a Judge
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  The combined effect of Article 124 (4) and Judges
(inquiry) Act, 1968:
a) Motion addressed to President signed by 100
members of Lok Sabha or 50 members of Rajya
Sabha and delivered to Speaker or Chairman
b) Motion investigated by Committee of 3 members
(2 Judges of Supreme Court and a distinguished
jurist)
c) If Committee finds judge guilty to be taken up by
House where it is pending
d) If motion passed by Both Houses presented to
President
e) President in address to order removal

 Eg. R. Ramaswami in 1991-93

 Same applicable to High Court Judges

 Salaries
 Chief Justice of India – Rs. 33,000/-
 Judge – Rs. 30,000/-

 Rent free residence

 As per II schedule

 Independence of Supreme Judges How Secured

1) Appointment

 Chief Justice of India – President in consultation with

Ministers

 Judges – President in consultation with Chief Justice of

India
2) Cannot be solely removed by President – Joint address and
2/3 Majority
3) Salaries not to be varied to their disadvantage

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 4) Administrative expenses of Supreme Court charged upon
revenues of India and not subject to vote
5) Forbids discussion on conduct of Supreme Court Judge
6) On retirement not to plead before any Court

 Position of the Supreme Court under the Constitution’

A. As a Federal Court

 Article 131 – Vests Supreme Court with original and

exclusive Jurisdiction to determine justiciable disputes
between Union and States or between States inter
State
B. As Court of Appeal

 Final Appealate Tribunal – Appeal as a Right

 Criminal – an appeal will lie as a right in death

sentences

 Civil – Article 136 – Unlimited powers under special

leave
C. As Guardian of Constitution

 Can strike down Executive and Legislative acts as

unconstitutional

 Writs to enforce Fundamental Rights

 Jurisdiction of Supreme Court

I. Original Jurisdiction (Article 131)

 Exclusive

 Federal dispute
II. Writ Jurisdiction

 Article 32

 Original and Special in nature

III. Appellate Jurisdiction

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  Three types
i. Cases involving interpretation of Constitution
ii. Civil – special leave under Article 136
iii. Criminal – appeal under Article 134
IV. Advisory Jurisdiction
 Give opinion on any question of Law or fact of public
importance as maybe referred to its consideration by
President

 Article 143 – Express opinion on Two clauses of

matters:
a) Matters which cannot be brought into its judicial
jurisdiction
b) Disputes arising out of Pre-Constitution Treaties
and Agreements
V. Miscellaneous Jurisdiction

 Appeals provided for under various Legislations