Indian History

Union Judiciary-Supreme Court

      Union Judiciary-Supreme Court
No. Union Judiciary-Supreme Court
1. Article 124 of the Constitution of India dealt with the establishment and Constitution of Supreme Court.
2. The Supreme Court consists Chief Justice of India and 25 other Judges.
3. The Judges of the Supreme Court are appointed by the President.
4. The Judges of the Supreme Court hold office until 65 years.
5. Qualifications:  He is a citizen of India and has atleast 5 years as Judge of High Court or atleast 10 years as an advocate of a High Court
6. A Judge of the the Supreme Court can be removed on the ground of misbehaviour or incapacity by an order the President supported by the majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.
7. The person who is  appointed as a Judge of the Supreme Court shall make oath or affirmation according to the form set out in the Third Schedule of the Constitution.
8. In case of the office of the Chief Justice of India is vacant  or by his absence the President may appoint other Judge of the Court to perform the duties of the office.
9. The Supreme Court shall be a court of record.  All its judgements  and proceedings are kept for further verification and reference.(Article 129)
10. The Supreme Court shall have original jurisdiction in case of any dispute between the Government of India and one or more States; or between two or more states.
11. Under Article 136 the Supreme Court may grant special leave to appeal from any judgment, decree or sentence passed by any court in India except the court constituted under any law relating to Armed Forces.
12. The Supreme Court has the power to issue orders or writs including the writs in the nature of the Habeas Corpus, Mandamus, Prohibition, Quo Warranto and per the law of the Parliament.(Article 139)
13. The law declared by the Supreme Court shall be  binding on all the courts in India.(Article 141)
14. The President of India has the power to consult the Supreme Court in case any question of  law or fact has arisen and he deems it is expedient to obtain the opinion of the Supreme Court upon it.
15. The President has the authority to appoint adhoc Judges when there is no quorum for holding or continuing any session of the Supreme Court.(Article 127)
16. The President may appoint retired Judges on temporary basis on the request of Chief Justice of India.(Article 128)
17. The Supreme Court has the power of Judicial Review. It can declare any law of legislature or decisions of the executive as unconstitutional if they are against the provisions of the Constitution. It utilised this power first in 1950 and declared a section of the Preventive Detention Act as unconstitutional.