Supreme Court of India – The Supreme Court of India is the highest court of India. We are celebrating 75 years of the establishment of the Supreme Court of India. The court was established on 28th January, 1950 by replacing the Judicial Committee of the Privy Council. Harilal J Kania was the first Chief Justice of India from 1950 to 1951. Present CJI is D Y Chandrachud . Prime Minister Shri Narendra Modi unveiled a stamp and coin commemorating 75 years of the establishment of the Supreme Court of India while inaugurating the National Conference District Judiciary in New Delhi . The President of India Droupadi Murmu unveiled the new flag and insignia of the Supreme Court of India to commemorate the 75 years of establishment of the Supreme Court of India.
The Supreme Court of India consists of the CJI or Chief Justice of India and maximum 33 fellow judges. It is located at Tilak Marg , New Delhi, Delhi – 110001.
The motto of the court is – ‘ Yato Dharmastato Jayah’ . That means – where there is righteousness and moral duty, there is victory. The emblem of the Supreme Court represents the Lion Capital of Ashoka at Sarnath with the topmost wheel featuring 32 spokes.
The Supreme Court was constituted as per Chapter IV of Part V of the Constitution of India .
As per Article 124 the Supreme Court of India established and constituted.
As per Article 129 the Supreme Court of India is to be the Court of Record.
As per Article 141 of the Constitution of India the laws passed by the Supreme Court apply to all courts inside the Indian territory. The original Jurisdiction of the Court is authorised as per Article 131.
The Appellate Jurisdiction of the Court is authorised as per Articles 132, 133 and 134 of the Constitution of India.
The review power of the court is governed as per Article 137.
The Federal Court’s Power is given to the Supreme Court of India as per ArticlArticle 136 authorised the Special leave to Appeal to the Supreme Court.
The engagement of the Jurisdiction of the court is governed by Article 138.
The power of the Supreme Court to issue certain writs is authorised by Article 139.
The court enjoys Ancillary Power as per Article 140.
The law making power of the Supreme Court of India is authorised by Article 141 of the Constitution of India.
As per the Article 145 of the Constitution of India, the Supreme Court has the authority to create its own rules , subject to the approval of the President of India, to govern the practice and procedures of the court.
As per Articles 129 and 142 the Supreme Court of India has the power to punish anyone for contempt of any court in India including itself.
The power and functional areas of the Supreme Court of India – The Supreme Court has Original Jurisdiction, Appellate Jurisdiction,AdvisoryJurisdiction,Constitutional Review Jurisdiction, Inherent Jurisdiction.
Original Jurisdiction – 1. As per Article 131 of the Constitution of India The Supreme Court of India can function over matters of disputes between Central Government and State Government or between two or more State Governments.
2. The Supreme Court of India has the power to issue writs , direction or order as per Article 139.
3.As per Section 32 of the Constitution of India the Supreme Court has the right to protect and enforce Fundamental Rights .
4. As per Article 139A , the Supreme Court of India can take up the cases during the pendency of the matter from the High Courts if the same issue is to be disposed of by the Supreme Court at its own discretion or as per the advice of the Attorney General. And it can transfer the pending cases, appeal or other proceedings from one High Court to another High Court.
Appellate Jurisdiction – As per Article 132,133 and 134 the Supreme Court of India has appellate jurisdiction in matters related civil, criminal or Constitution.
As per 136 the Supreme Court of India can issue special leave that is being granted by any tribunal courts in India but this power does not apply to Army courts.
Advisory Jurisdiction – The Supreme Court of India can advise the President of India as per the Article 143 of the Constitution to the matters of law and also to the matters related to the public interest.
The President can also seek the opinion from the Supreme Court in the matters related to the Article 131 of the Constitution of India.
Review Jurisdiction – The Supreme Court can review any law passed by the Parliament as per the Article 137 of the Constitution of India.
Inherent Jurisdiction – As per Article 71 of the Constitution the Supreme Court of India can decide all disputes related to the election of the President or the Vice President of India.
As per Article 129 the Supreme Court can punish anyone for the charge of contempt. Any person can file a contempt petition before the Supreme Court of India.
The Supreme Court can take up a case by itself , i.e., suo moto or on the recommendation of the Attorney or the Solicitor General.
Writs that Supreme Court can issue-
As per the Article 32 of the Constitution of India, the Supreme Court of India can issue five types of writs –
Habeas Corpus – Removes a person from unlawful detention.
Mandamus – Directs a public authority to perform a task.
Certiorari – Finds a lower court’s decision erroneous or beyond its authority.
Quo Warranto – Stops the excessive use of authority.
Prohibition – Stops judicial, quasi- judicial to exceeding their authority.
The composition method is controlled by the Collegium of the Supreme Court of India.
The retirement age of all the judges is 65 years. A judge is appointed by the President of India on the recommendation of the Collegium. As per Article 125 of the Constitution of India, the salary and other allowances of judges are determined by the The Supreme Court Judges ( Salary and Conditions of Service) Act 1958 . The Salary , Pension and Allowances of the Judges of the Supreme Court of India are charged upon the Consolidated Fund of India.
As per Article 124(4) of the Constitution of India, The President of India can remove a judge by the process of impeachment on proven ground against him or her when Parliament approves with a majority of total membership of each house in favour of impeachment and not less than two thirds of the members in each house present. For initiating the process at least 50 members of Rajya Sabha or 100 members of Lok Sabha need to issue the notice per Judges ( Inquiry ) Act , 1968.
To become a judge of the Supreme Court of India, the following eligibility is required –
Must be a citizen of India and not having the age more than 65 years.
A judge of one or more High courts for continuous previous 5 years or advocate there for at least 10 years.
A distinguished jurist, in the opinion of the President, power conferred by clause 2 of the article 124 of the Constitution of India.
Some Questions and Answers Practice Set –
1 . Who was the first CJI of India ? 1
2. In which year the Supreme Court of India was established? 1
3. Describe the eligibility of judges to become a judge of the Supreme Court of India. 5
4. What are the powers and functions of the Supreme Court of India. 10
5. Describe the different types of Jurisdictions of the Supreme Court of India. 10
6. What is the retirement age of a judge of the Supreme Court of India? From which fund they get salary and other allowances? Who appoints the judges of the Supreme Court of India ? 3
7. What is the process of the impeachment of a judge of the Supreme Court of India? 5
8. What are the different types of writs that can be issued by the Supreme Court of India? 5
Writing ✍️ Skills –
1 . Write a short paragraph on the Supreme Court of India. 10
2 . Write a newspaper report about the 75 years of establishment of the Supreme Court of India. 10
3. Write a dialogue between two friends about the powers and functions of the Supreme Court of India. 10
4. Suppose you are in a Group Discussion and the subject is “The Supreme Court of India is the highest court of India.” Describe your points to establish the statement. 10
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