Tag: SUPREME COURT GAINS FULL WORKING STRENGTH

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.

Tag: SUPREME COURT GAINS FULL WORKING STRENGTH

SUPREME COURT GAINS FULL WORKING STRENGTH

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