The Supreme Court Of India

Introduction

Judiciary is one of the three wings of the State. Though under the Constitution the polity is dual the

judiciary is integrated which can interpret and adjudicate upon both the Central and State laws.

The structure of the judiciary in the country is pyramidal in nature.

At the apex, is the Supreme Court.

WHY DO WE NEED AN INDEPENDENT JUDICIARY….?

The principal role of the judiciary is to protect rule of law and ensure supremacy of law.

It safeguards rights of the individual, settles disputes in accordance with the law and ensures that democracy does not give way to individual or group dictatorship.

In order to be able to do all this, it is necessary that the judiciary is independent of any political pressures.

Supreme Court of India

CJ & 30 other judges

DISTRICT AND SESSION COURTS

(IN EACH DISTRICT)

CITY CIVIL AND SESSION COURTS

METROPOLITAN MAGISTRATES COURTS

METROPOLITAN COURTS (IN METROPOLITAN AREAS)

PRESIDENCY SMALL CAUSES COURTS

PROVINCIAL SMALL CAUSES (CIVIL)

SUBORDINATE JUDGES COURTS

COURT OF SESSION (CRIMINAL COURT)

Independence of Judiciary

The other organs of the government like the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice.

Judges must be able to perform their functions without fear or favour.

Judiciary is accountable to the Constitution, to the democratic traditions and to the people of the country.

Jurisdiction

1. Original jurisdiction 2. Appellate jurisdiction 3. Advisory jurisdiction

Original Jurisdiction

The Supreme Court hears directly any dispute,

(i) between the Government of India and one or more States,

(ii) between the Government of India and any State or States on one side and one or more States on the other or

(iii) between two or more States.

Appellate Jurisdiction The Supreme Court hears appeals against the

judgment of a High Court: In civil case

When in the opinion of the High Court the said question needs to be decided by the Supreme Court.

In criminal cases where the High Court has convicted the accused and sentenced him to death and where the High Court certifies that the case is a fit one for appeal to the Supreme Court.

Advisory Jurisdiction If President seeks advice of Supreme Court on any

issue related to public interest, SC gives such advice. This advice of the Court is binding neither

on the President nor on the parties affected

by the opinion.

Enforcement of Supreme Courts’ Orders and Decrees: The decisions of the Supreme Court are binding on all

the court in India. All the civil and judicial authorities are required to

assist and aid the Court in the execution of its orders.

Public Interest Litigation (PIL)

Till recently the judiciary, including the Supreme Court, entertained litigation only from those parties that were affected directly by it.

But during the last few years, a new practice has been started.

People, who are not involved directly in the case, may file litigation, if it is in the general public interest.

It is the privilege of the Court to entertain

or not the application for Public Interest Litigation

Husnara Khatoon Vs State of Bihar: In December 1979, Kapila Hingorani had filed a

petition regarding the condition of the prisoners detained in the Bihar jail, whose suits were pending in the court.

The case got filed in the Supreme Court and was filed by the name of the prisoner, Husnara Khatoon, hence the petition came to be known as Husnara Khatoon Vs State of Bihar.

In this case, the Supreme Court upheld that the prisoners should get benefit of free legal aid and fast hearing.

Because of this case 40,000 prisoners, whose suits were pending in the court, were released from the jail.

Appointment of Judges

Article 124

says that:

“every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years”

While appointing the Judge of the Supreme Court the President is bound to consult the (CJI) Chief Justice of India.

Appointment Procedure:

President Chief Justice of India Four Senior judges

Qualification for Appointment as Judge

Citizen of India High Court Judge for at least 5 years

ORHigh Court Advocate for at least 10 yearsORDistinguished Jurist

A lawyer can be made a judge by president- asks CJI-asks junior judges- may lead to corruption or favourism.

Independence of Judges

Appointment of Judges after Consulting Judges……special powers.

Power to punish for its Contempt Removal by Special Majority: Very difficult Salaries and Pensions cannot be varied to their

disadvantage Discussion of the conduct of Judges forbidden in

Parliament

Impeachment of a Judge

Grounds: Proved Misbehaviour or Incapacity Procedure:

A Proposal addressed to the President signed by 100 members of Loksabha or 50 members of Rajyasabha

President Judges’ Inquiry CommitteeProposal carried in each House by majority of

the total membership and by a majority of at least two thirds members present.

President’s order for removal of the Judge Once it was tried but failed.

Impeachment Attempt Unsuccessful Attempt to Remove a Judge In 1991 the

first-ever motion to remove Court Justice . Justice Ramaswamy, during his tenure as the Chief

Justice of the Punjab High Court was accused of misappropriating funds.

In 1992, a high-profile inquiry commission consisting of Judges of Supreme Court .The committee found Ramaswami guilty of 11 out of 14 charges while serving as chief Justice of Punjab and Haryana.

The impeachment motion was placed in the assembly for debate and voting on 10 May 1993.

401 members present in the assembly that day,

there were 196 votes for impeachment

The motion which required not less than two third majority of the total number of members present in both houses of the Parliament and an absolute majority of its total membership thus failed to pass.

CJI as Acting President of India

The constitution of India provides that the Chief Justice of India shall act as the President of India in the event of the offices of both the President and the Vice President being vacant.

When President Zakir Hussain died in office, the Vice President VV Giri, acted as the President. However, Mr. Giri resigned as the Vice President.

The Chief Justice Hidayatullah became the acting President of India.

1H. L. Dattu (CJI since Yesterday)

17 December 2008 2 December 2015

2 T. S. Thakur 17 November 2009 3 January 2017

3 Anil R. Dave 30 April 2010 18 November 2016

4 S. J. Mukhopadhaya 13 September 2011 14 March 2015

5 Ranjana P. Desai 13 September 2011 29 October 2014

6 J. S. Khehar 13 September 2011 27 April 2017

7 Dipak Misra 10 October 2011 2 October 2018

8 Jasti Chelameswar 10 October 2011 22 June 2018

9 Fakkir Mohamed Ibrahim Kalifulla 2 April 2012 22 July 2016

10 Ranjan Gogoi 23 April 2012 18 November 2019

11 Madan B. Lokur 4 June 2012 30 December 2018

12 M. Y. Eqbal 24 December 2012 12 February 2016

13 V. Gopalagowda 24 December 2012 5 October 2016

14 Vikramajit Sen 24 December 2012 30 December 2015

16 Pinaki Chandra Ghose 8 March 2013 27 May 2017

17 Kurian Joseph 8 March 2013 29 November 2018

18 Arjan Kumar Sikri 12 April 2013 6 March 2019

19 Sharad Arvind Bobde 12 April 2013 23 April 2021

20 Shiva Kirti Singh 19 September 2013 12 November 2016

21 Chockalingam Nagappan 19 September 2013 3 October 2016

22 Rajesh Kumar Agrawal 17 February 2014 4 May 2018

23 N. V. Ramana 17 February 2014 26 August 2022

24 Arun Mishra 7 July 2014 2 September 2020

25 Adarsh Kumar Goel 7 July 2014 6 July 2018

26 Rohinton Fali Nariman 7 July 2014 12 August 2021

27 Abhay Manohar Sapre 13 August 2014 27 September 2019

28 R. Banumathi 13 August 2014 19 July 2020

29 Prafulla Chandra Pant 13 August 2014 29 August 2017

30 Uday Umesh Lalit 13 August 2014 8 November 2022

Controversy on Appointment of Current SC Judge

1) Lalit represented Amit Shah in cases involving the fake encounter killing of Sohrabuddin Sheikh and Tulsiram Prajapati in Gujarat.2) He is also the special public prosecutor in the 2G spectrum scam case involving the gifting of out-of-turn mobile network licenses by the previous government to companies who allegedly paid big kickbacks.3)Lalit is the sixth lawyer directly elevated to the top court as a judge.

Uday U. Lalit

Habeas CorpusMandamusProhibitionCertiorariQuo Warranto

Writ Jurisdiction

Issued to a person who has been detained illegally by another person

Infringement of Right to Freedom and other FR

Essential for mal practices due to corruptionIssued when Petition by friend or Relative or the person himself

Habeas Corpus

Person is required to be produced in courtIssued against a person but it is addressed to

Government An Official Private Person

Limitation is it cannot be issued if the detention is legal

Hans Raj Khanna during Emergency

Habeas Corpus

Mandamus

Court is asking a public authority to perform its duty by issuing mandamus

Issued only against Public Authority Writ available against:

GovernmentPublic Servant Judicial Body

Writ not available againstPresident of IndiaGovernorPrivate Individual

The Shankaracharya Case

Mandamus

Court asks Lower court to prevent not to act i.e. it directs inactivity

It is issued when the any court entertain any case which is beyond its jurisdiction or when higher court does not want a special case to be taken by lower court.

During pendency of proceeding (Prevention)

Prohibition

Prohibition is issued before decision is taken in the court.

It is a preventive measure. Issued to

Judicial AuthorityQuasi-judicial AuthorityPublic Servant having duty to act judicially

Prohibition

Certitory is issued If any court acted beyond its jurisdiction, higher court can take the case from the lower court cancelling the decision taken.

It is preventive + curative.Case is transferred form lower court to

higher court

Certitory

Quo Warranto = What authority? If someone has occupied one public place illegally

and affected FR of someone Court will ask that person to vacant that post if

found guilty Cannot issued against

Ministerial officePrivate individual

Quo Warranto

Reference

www.supremecourtofindia.nic.inConstitution at Work bookWikipediaGoogle

Thank You…!!!

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