New Appointments:
Supreme court gains full strength of 34 judges including the CJI.
Three judges appointed to the Supreme Court:
- Justice NV Anjaria (Chief Justice, Karnataka High Court)
- Justice Vijay Bishnoi (Chief Justice, Gauhati High Court)
- Justice AS Chandurkar (Judge, Bombay High Court)
Constitutional Provisions:
- Article 124(1): Establishes the Supreme Court of India.
- Article 124(2): Judges are appointed by the President after consultation with CJI and other senior judges.
- Article 124(3): Eligibility criteria to become a Supreme Court judge:
- Must be a citizen of India.
- Must have been a High Court judge for at least 5 years, or consecutively in two or more high courts.
- Must have practiced as an advocate in a High Court for 10 years, or in two or more High Courts consecutively.
- Be a distinguished jurist in the opinion of the President.
Collegium System
- A system for the appointment and transfer of judges in the Supreme Court and High Courts.
- Not mentioned in the Constitution; evolved through Supreme Court judgments (Three Judges Cases).
For the Supreme Court: Comprises the Chief Justice of India (CJI) + four senior-most SC judges.
For the High Court: Led by the Chief Justice of the High Court + two senior-most judges of that court.
- The central government may raise objections or seek clarifications.
- If the Collegium reiterates its recommendation, the government is bound to appoint.
Removal of Supreme Court Judges
- Judges of the Supreme Court can be removed on grounds of misbehaviour or incapacity.
- Removal process is governed by the Judges Enquiry Act, 1968.
A removal motion must be:
- Signed by 100 Lok Sabha or 50 Rajya Sabha members.
- Submitted to the Speaker (Lok Sabha) or Chairman (Rajya Sabha).
- The Speaker/Chairman may admit or reject the motion.
- If admitted, a three-member inquiry committee is formed comprising:
- A Supreme Court judge or CJI,
- A High Court Chief Justice, and
- A distinguished jurist.
If the committee finds the judge guilty, both Houses must pass the motion by a special majority. The President then issues the final order for removal.
Jurisdiction and Powers of the Supreme Court
Original Jurisdiction (Article 131):
- Exclusive power to settle disputes between:
- Centre and one or more states,
- Two or more states.
- Excludes disputes from pre-constitutional treaties.
Appellate Jurisdiction:
- Hear Appeals from High Courts on:
- Constitutional questions (Article 132),
- Civil cases (Article 133),
- Criminal matters, including death sentences (Article 134).
Special Leave to Appeal (Article 136):
- Discretionary power to hear appeals from any court/tribunal (except military tribunals).
Advisory Jurisdiction (Article 143):
- President may seek Court’s advice on legal/public interest matters or pre-constitutional treaties.
Writ Jurisdiction (Article 32):
- Can issue writs to enforce Fundamental Rights:
- Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.
Court of Record (Article 129):
- Has powers of a Court of Record,
- Can punish for contempt of court.
Judicial Review:
- Can review legislative and executive actions to ensure they conform to the Constitution.
Independence of the Supreme Court
- Mode of Appointment: Judges appointed by the President in consultation with existing judges (Collegium system).
- Security of Tenure: Judges cannot be removed arbitrarily—removal only as per constitutional procedure.
- Financial Independence: Salaries and pensions are charged to the Consolidated Fund of India.
- Ban on Post-Retirement Practice: Retired Supreme Court judges cannot practice law in any Indian court or authority.
- Immunity from Parliamentary Discussion: Conduct of judges cannot be discussed in Parliament, except during impeachment debates.
