supreme court of india

Supreme Court of India

StructureSupreme

Court

High Court

District Court

Civil Judge Small Civil Cases

Criminal Magistrate

Supreme Court of India

Chief Justice of India

H.L. Dattu

Appointment of Judges

• Appoint by the president of India.• Citizen of India.• High Court Judge for at least 5 yearsORHigh Court Advocate for at least 10 yearsORDistinguished Jurist

• Hold office till the age 65.

Independence of Judges

• Appointment of Judge after Consulting Judges • Removal by Special Majority• Discussion of the conduct of Judges prohibited in

Parliament• Power to punish for its Contempt

Removal of a Judge

• Grounds: Proved Misbehaviour or Incapacity• Procedure:

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

– Investigation by Judges’ Inquiry Committee– Motion carried in each House by majority of

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

– President’s order for removal of the Judge

Overview

• Supreme Court is the highest interpreter of the constitution of the country.

• Supreme Court of India came into existence on 26th January, 1950.

• Located at Tilak Marg, New Delhi.

Powers and Functions

• Guardian of the constitution• Original Jurisdiction• Defender of the Federation• Enforcement of fundamental rights• Appellate Jurisdiction: Civil & Criminal• Special Leave to Appeal• Advisory Jurisdiction• Review(Revisory Jurisdiction)• Court of Records• Contempt of Court• Power of Judicial Review

Guardian of the constitution

• Supreme court enjoys the privilege of protecting the constitution against violation of its provisions either by government or by the people.

• It acts as the watch tower of the constitution and also exercise the power of interpreting the contents of the constitution.

• Dispute between:• Government of India and one or more States• Between the Government of India and any State• States on one side and one or more States on the

other• Between two or more States

• Subject matter of Dispute:Any question of Law or Fact on which existence or

extent of legal right depends.• Exceptions:

– Pre-Constitution Treaties, Agreements– Inter-State Water disputes

Original Jurisdiction

Writ Jurisdiction

• Habeas Corpus• Mandamus• Prohibition• Certiorari• Quo Warranto

Habeas Corpus

• To have a body.• Object: To set free a person illegally

detained• Petition by friend/Relative also.• Writ addressed to:

– Government– An Official– Private Person

• For disobedience : Contempt of Court

Mandamus• Mandamus = A Command• Order to do something: demands some activity• Command to perform Public or Quasi-public duty• Writ available against:

– Government– Public Servant – Judicial Body

• Writ not available against– President of India– Governor– Private Individual

Prohibition

• Order to stay a judicial Proceeding• A writ of prohibition is issued to prevent an

inferior court or tribunal from exceeding its jurisdiction.

Certiorari

• A writ of certiorari is issued by the supreme court or high court to nullify an order made without jurisdiction or in violation of the rules of natural justice by an inferior court.

Quo Warranto

• Quo Warranto = What is your authority?• Court inquires into legality of claim to Public

Office• Object: To prevent usurpation of Public Office• When?

– Disqualified for the post– Procedure not followed– Irregular appointment

Appellate Jurisdiction: Civil & Criminal

• The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution.

• Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies :

• that the case involves a substantial question of law of general importance.

• that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court.

Special Leave to Appeal

• Appeals from any judgment, decree, order, sentence, determination in any cause or matter passed or made by any Court or Tribunal

• Exception: Judgment of court of the Armed Forces

• When?– In exceptional cases– Illegality, Irregularity, Error of Law– Miscarriage of Justice– Principles of Natural Justice violated

Advisory Jurisdiction

• President may refer to Supreme Court for opinion

• Question of Law or Fact:Which has arisen or likely to arise

And of great public importance• Court may after ‘Hearing’ report to the

President• Judges to hear: Minimum 5

Review

• To review any judgment pronounced or order made

• Subject to Law passed by Parliament• When?

– Discovery of new important matters of evidence– Mistake or error on the face of the record– Any other sufficient reason

• Review is exceptional phenomenonOnly where a grave and glaring error

Court of Record

• A court of record is a court where records are admitted with evidentary value and they are not to be questioned when they are produced before the court.

• Power to punish for Contempt of itself

Miscellaneous

• Transfer of Cases, Appeals from one High Court to another

• Withdrawal of cases from High Court• Precedent: Law declared by Supreme Court

binding on all courts. (Art. 141)• Art. 142: Doing complete justice• Rule making power• Interpretation of the Constitution• Power of Judicial Review (Invalidating laws

and executive actions)

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