​Supreme court

Introduction:
Supreme Court of India is the apex judicial body under the
Constitution of India. It is established under Article 124 of the
Constitution. It is the ultimate
interpreter of the Constitution as well as the highest court of
appeal. Articles 124 to 147 in Part V of the Constitution deal with
the organisation, independence,jurisdiction, powers, procedures
etc of the Supreme Court.

Historical Background:
The Regulating Act of 1773 marked the beginning of judicial
reforms in India. It established a Supreme Court in Calcutta,
primarily to oversee the administration of justice in the Bengal
Presidency.
The India High Courts Act of 1861 established High Courts in
different provinces and eliminated the Supreme Courts in Calcutta,
Madras, and Bombay, as well as the Sadar Adalats in Presidency
towns.
Federal Court of India was established in India in 1937 under the
provisions of the Government of India Act 1935, with original,
appellate and advisory jurisdiction.
Supreme Court of India succeeded the Federal Court under the
Government of India Act 1935.

Composition and Appointment:

The Supreme Court consists of 34 judges (one chief justice and
thirty-three other judges). In 2019, the centre notified an
increase in the number of Supreme Court judges from 31 to 34,
including the Chief Justice of India as per the Supreme Court(
number of Judges) Amendment Act, 2019.
The judges of the Supreme Court are appointed by the president.
The chief justice is appointed by the President afterconsultation
with such judges of the Supreme Court and the high courts as
deems necessary.

Qualifications, Oath and Salaries:

Qualifications of Judges-
# Should be a Citizen of India.
# Should have been a Judge of a High Court for at least five years or
have been an advocate of a High Court for at least 10
years or should be a distinguished Jurist in the opinion of the
President.
# No minimum age has been prescribed by the Constitution for
appointment as a judge of the Supreme Court.

Oath or Affirmation-
Oath to the judges of the Supreme Court is prescribed by the
President or some person appointed by him.
Salaries and Allowances-
# The salaries, allowances, leave and pension of the judges of the
Supreme Court are determined from time to time by the
Parliament.
# They can not be varied to their disadvantage after their
appointment except during a financial emergency.
# The retired Chief Justice and judges are entitled to 50% per cent
of their last drawn salaries as monthly pension.

Seat of Supreme Court-

The Supreme Court's seat is designated under the Constitution as
Delhi. It also authorises the chief justice of India to appoint other
place or places as seat of the Supreme Court.
# his provision is just optional, not mandatory. This means that no
court has the authority to direct the President or the ChiefJustice to
appoint any other place as a seat of the Supreme Court.

Tenure of Judges of the Supreme Court-

The Constitution has not fixed the tenure of a judge of the Supreme
Court. However has made the following three provisions in this
regard
# Holds office until he attains the age of 65 years.
# Can resign his office by writing to the President.
# Can be removed from his office by the President on the
recommendation of a Parliament.

Impeachment of Judges of the Supreme Court-

# The Constitution has not prescribed any specific provision
regarding the removal of Judges.
# The Judges (Inquiry) Act, 1968 regulates the procedure relating to
the removal of a judge of the Supreme Court by the process of
impeachment.
# The president can issue the removal order only after an address
by Parliament has been presented to him in the same sessionfor
such removal.
# The address must be supported by a special majority of each
House of the Parliament.
# The grounds of removal are proved misbehaviour or incapacity.
# A removal motion is to be signed by 100 members in the case of
Lok Sabha or 50 members in the case of Rajya Sabha.
# If it is admitted, then the Speaker /Chairman is to constitute a
three-member committee to investigate into charges.
# The committee consists of a Chief Justice or a judge of the
Supreme Court, a chief justice of a high court and
distinguishedjurist.
# If the committee finds the judge to be guilty of misbehaviour or
suffering from incapacity, the House can take up the consideration
of the motion.
# After the motion is passed by each House of Parliament by a
special majority, an address is presented to the President for
theremoval of a judge.
Finally, the President passes the order of removal.

Independence of the Supreme Court-

# The Supreme Court has been assigned a very significant role like
the federal court, guarantor of Fundamental Rights and guardian of
the Constitution. # ThereforeConstitution has made many
provisions to ensure the judiciary’s independence. They are
mentioned below.

Mode of Appointment:
The judges of the Supreme Court are appointed in consultation
with the members of the judiciary
itself. It curtails the absolute discretion of the executive as well as
ensures that the judicial appointments are not based on
anypolitical considerations.
Security of tenure:
The judges of the SC are given security of tenure. They can be
removed only by a presidential order on grounds of proven
misbehaviour and/or incapacity by an elaborate procedure of
impeachment.
Salaries and allowances:
Salaries and allowances of the judges of the Supreme Court are
determined by the Parliament.
They can not be changed to their disadvantage after their
appointment. Salaries, pensions, allowances and expenses of the
Supreme Court are charged on the Consolidated Fund of India.
Powers and Jurisdiction:
The jurisdiction of the Supreme Court can not be curtailed by the
Parliament. However, the
Parliament can extend the same. The SC has the power to punish
any person for its contempt, as per Article 129.
Ban on Practise after Retirement:
It ensures that they do not favour anyone in the hope of future
favour.
Supreme Court - Jurisdiction and Power
The Constitution has conferred a very extensive and vast
jurisdiction on the Supreme Court.

A) Original Jurisdiction-
a Federal Court, the Supreme Court decides the disputes between
different states.
# Between the Centre and one or more States.
# Between the Centre and any State or states on one side and one or
more other States on the other.
# Between two or more States.
In case of federal disputes, the Supreme Court has exclusive and
original jurisdiction.
However, a dispute between the citizen and the Centre or state can
not be entertained under it.

B) Writ Jurisdiction
The Supreme Court has been assigned the role of guarantor and
defender of the Fundamental Rights. The Supreme Court is
empowered to issue writs such ashabeas corpus, mandamus,
prohibition, quo warranto, and certiorari to enforce these rights.
In this regard, the Supreme Court has original jurisdiction however
the writ jurisdiction of the Supreme Court is not exclusive and it is
concurrent to the highcourt's jurisdiction.

C) Appellate Jurisdiction
Supreme Court is primarily a court of appeal and hears appeals
against the judgements of the lower courts.
Civil Appeals:
The Supreme Court hears appeals in civil cases from any High
Court or a tribunal in the territory of India.
These cases could involve disputes related to property, contracts,
torts, family matters, etc.
Criminal Appeals:
The Supreme Court hears appeals in criminal cases from any High
Court or a tribunal in the territory of India. These cases typically
involve criminal offences such as murder, theft, fraud, etc.
Special Leave Petitions (SLPs):
This is a unique feature of the Indian legal system where the
Supreme Court has the discretion to grant special leave to appeal
against any judgment or order in any case or matter passed by any
court or tribunal in the country. This means that parties dissatisfied
with a judgment of any court or tribunal can approach the
Supreme Court seeking special permission to appeal.
Constitutional Matters:
The Supreme Court hears appeals on constitutional matters,
including disputes involving the interpretation of the Constitution
of India. These cases are often of significant importance as they
deal with the fundamental law of the land.

D) Advisory Jurisdiction
The Constitution authorises the President to seek the opinion of the
Supreme Court in the two categories of matters under Article 143.
1. On any question of law or fact of public importance which has
arisen or which is likely to arise.
2. On any disputes arising out of any pre-constitution treaty,
agreement,sanad or other similar instruments.
In the first case, the Supreme Court may refuse to tender the
opinion to the President but in the second case, the Supreme Court
must tender the opinion to the President.
In both cases, the opinion is not binding on the President.

E) Court of Record
As a Court of Record, the Supreme Court has two powers:
The judgements, proceedings and acts of the Supreme Court are
recorded for perpetual memory and testimony. These records are
admitted to be of evidentiary value and cannot be questioned when
produced before any court. They are recognised as legal precedents
and legal references.
It has the power to punish for contempt of court, either with simple
imprisonment for a term up to six months or with a fine or with
both.

F) Power of Judicial Review-

Judicial review is the power of the Supreme Court to examine the
constitutionality of the laws and executive orders of both
the Central and state government.
If any provision found violative of the Constitution,it can be
declared as unconstitutional by the Supreme Court.

Constitutional interpretation
Every constitutional decision relies on the court's interpretation of
what the Constitution means, why it exists in the form it does, and,
most importantly, what injustices it is intended to address.
The courts apply a number of principles while interpreting the
Constitution.
Doctrine of Severability
Doctrine of Waiver
Doctrine of Eclipse
Doctrine of Colourable Legislation
Doctrine of Implied Powers
Doctrine of Incidental and Ancillary Powers
Conclusion:
The Supreme Court has delivered numerous landmark judgments
that have had far-reaching implications on various aspects of
Indian society, including but notlimited to, civil rights, social
justice, environmental protection, and governmental
accountability. Despite its esteemed position, the Supreme Court
has faced challenges and criticisms, including concerns about
judicial overreach, delays in justice delivery, and allegations of
corruption or bias among some members ofthe judiciary