Supreme Court Of India – UPSC & SSC Notes

The Supreme Court of India is the highest court of appeal that protects the fundamental rights of a citizen. Hence, it is a very important topic for exams like UPSC, SSC and all other one day exams.
This article includes the Tenure, Oath, Appointment, Qualification, Seat, salary etc.  We also covered the important cases, articles and amendments that were related to the Supreme court of India.

1. Article 124 to 147 in Part V deals with the Supreme Court of India — Parliament also to regulate them.
2. The Integrated Judiciary structure is as follows with SC at the top → High Court → Subordinate Courts.
3. The Supreme Court succeed the Federal Court of India established under the Government of India Act 1935.
4. It is the final interpreter & guardian of the Constitution and guarantor of our Fundamental rights.
6. Initially by Article 124 of the constitution the strength of Supreme court judges was fixed at 8 (Chief Justice of India + 7 Judges) until Parliament enlarged it. In Highcourt, the strength is decided by President]. At present, the supreme court comprises thirty-four judges (1 chief justice and 3 other judges). In 2019, the center notified an increase in the number of supreme court judges from 31 to 34, including the chief justice. This followed the enactment of the supreme court (number of judges) Amendment act, 2019.

7. Unlike the American constitution, the Indian constitution has established an integrated judicial system with the supreme court at the top and the high court below it.
8. A system of subordinate courts, such as district courts and other lower courts, exists beneath a high court (and below the state level). The Government of India Act, of 1935 established a single system of courts that implements both central and state laws.

9. IN the USA, the federal laws are enforced by the federal judiciary and the state laws are enforced by the state judiciary. There is thus a double system of courts in USA-one for the centre and the other for the states.
10. The supreme court’s organisation, independence, jurisdiction, powers, and processes are all addressed in Part V of the constitution. Legislation can also be used to regulate them. 

Appointment of Judges

1. Chief Justice of India (CJI) is appointed by President after consultation with such judge of the Supreme Court or High Court decided by President. A procedure is followed while appointing the Chief Justice. The outgoing Chief Justice names his/her successor who is the senior-most judge of the Supreme Court & ultimately appointed by the President.

2. Other Judges appointed by the President after consulting with the Chief Justice and such judges of the Supreme Court or High Court deemed necessary by the President.

3. To protect the supreme court’s autonomy, the president of India must consult with the chief justice of India while appointing supreme court judges (as this provision curtails the absolute discretion of the executive as well as ensures that the Judicial appointments are not based on any political or practical considerations).

Qualification of Supreme Court Judge

Qualification of Supreme Court Judge are:  
1. Citizen of India.
2. Either of the following three conditions is required: 
 a) Judge of High Court for at least 5 yrs;
 b) Advocate of High Court for 10 yrs; 
 c) Distinguished jurist in the opinion of the President (not applicable in the High Court).
3. No minimum age is prescribed by Constitution.

Supreme Court Judge Oath

– The Judges of the Supreme Court take oath before the President or person appointed by him.

-The Judges should follow true faith & allegiance, Sovereignty and Integrity of the constitution. He should duly & Faithfully follow his duties of the office and uphold the Constitution.

Tenure of Supreme Court Judge

– The age of retirement-  of a judge of the supreme court is of 65 years. Any question with respect to age is determined by Parliament.

– He can resign at any time, addressing a letter to the President.

– He can be removed by the President on the recommendation of Parliament.

Removal Procedure:

1. Under Article 124(4), a judge can resign from his office by addressing a letter to the president in writing. 

2. A supreme court judge can be removed by order of the President. The removal procedure is to be passed in the same session.
Under Article 124(4), it is mentioned that a judge of the supreme court cannot be removed from his seat without the order of the President (an impeachment by the parliament) that is passed by each house and is supported by the total membership of that house and not less than 2/3rd members present and voting, and the removal procedure to be presented in the same session for such removal on the ground of misbehaviour or incapacity.

3. The judge of the supreme court can be removed by order of the president, which must be supported by a special majority of each house of the parliament and not by the chief justice of India. The removal procedure address is supported by a special majority (1/2 total + 2/3 Present and Voting).

4. The Impeachment motion does not lapse on a dissolution of Lok Sabha. The removal Motion has to be signed by 100 members of Lok Sabha or 50 members of Rajya Sabha. If the judge is found guilty, then the house takes up consideration of the motion.

Salary and Allowances:

– The salaries of the judges are charged to the consolidated fund of India. 

-The salary and allowance of judges of SC are determined by Parliament.

– The judges’ salary can not be varied to a disadvantage except during Financial Emergency.

– Retired Chief Justice of India and other Judges are entitled to 50% of their last drawn salary as a pension.

Types of Supreme Court Judges:

1. Acting Chief Justice: President under (Article 126) can appoint a judge of the Supreme Court as acting chief justice if the Chief justice seat is vacant/ absent/ not able to perform. 

2. Ad Hoc Judge: These judges can be appointed when there is a lack of a Quorum of permanent Judge, Chief justice appoints a High court judge as an ad hoc judge of the Supreme Court for a temporary period after consulting the Chief Justice of the concerned High Court (HC) & with the prior consent of President.

3. Retired Judge
-The Chief Justice can request a Retired Judge of SC/HC to act as Judge of the Supreme Court for a temporary period.
– To appoint a retired Judge President, approval is required and approval of the person concerned.
– A retired judge is a person entitled to the same allowance, salary, and power as President to determine but is not deemed as a Supreme Court Judge.

Seat of Supreme Court:

1. Constitution of India declare Delhi as the seat of the Supreme court.

2. Article 130 of the Constitution also authorizes the Chief justice of India to appoint other places as the seat of the Supreme Court, but only with the prior approval of the president. 

Important Points about Supreme Court of India:

– The collegium system for the appointment of judges was adopted by the supreme court in 1993. The collegium system has its genesis in three of the supreme court’s judgements, collectively known as the three judges case.

– The supreme court’s collegium comprises the chief justice of India and 4 senior judges for recommendation appointee to the supreme court.

– Under Article, 137 supreme court has the power to review its judgement subject to the provision of any law made by parliament or any rule made under article 145 of the constitution. 

– No person who has served as a judge of the Supreme Court may plead or appear in any court or before any authority within the Indian territory, according to article 124(7). While Article 220 of the constitution states that “no person who has held office as a permanent judge of a high court after the commencement of this constitution shall plead or act in any court or before any authority in India except the supreme court or other high courts” after the commencement of the constitution.

Important Articles related to Supreme Court 

Article 124	Establishment of SC — Parliament increased no. of judges from 31 to 34.
Article 129	: Supreme court as court of record
Article 136	Special Leave to appeal
Article 137	SC power to review its own judgements. Subject to any law made by parliament or any rules made under Art 145, SC has the power to review any judgement or order made by it.
Article 141	Law declared by SC binding on all courts.
Article 142	the Enforcement of decrees & orders of SC.
Article 143	President power to consult SC.
Article 125	Salaries, allowances of Judges
Article 126	Appointment of acting chief justice
Article 131	original jurisdiction of the supreme court
Article 144	Civil and judicial authorities to act in aid of the supreme court
Article 144 (A)	Special provision as to disposal of questions relating to the constitutional validity of laws (repealed)
Article 145	Rules of court etc
Article 147	Interpretation

Important Questions related to Supreme Court of India:

Which of the following part of the constitution deals with the Supreme Court of India?

A. Part VII
B. Part VI 
C. Part IV
D. Part V
Answer: D

Which of the following is the highest court of appeal in India?

A. High court 
B. Supreme court
C. Appellate court
D. District court 
Answer: B

Which of the following is the Guardian of the Constitution?

A. President
B. Prime minister
C. Supreme court
D. Attorney general of India
Answer: C

Which of the following article is related to the strength of Supreme court judges?

A. Article 142
B. Article 124 
C. Article 242 
D. Article 82
Answer: B

Under which article, the president has the power to consult with the Supreme court?

A. Article 143
B. Article 124 
C. Article 243 
D. Article 132
Answer: A

Which article gives the power to SC to review its own Judgement?

A. Article 143
B. Article 124 
C. Article 137 
D. Article 121
Answer: C

Which article says that SC is a court of record?

A. Article 191
B. Article 124 
C. Article 132 
D. Article 129
Answer: D

Which of the following is the interpreter of the constitution?

A. President 
B. Parliament 
C. Supreme Court
D. Loksabha
Answer: C

The dispute related to the Election of the president is decided by which of the following?

A. Supreme court
B. Loksabha
C. Rajyasabha
D. Parliament
Answer: A

The supremacy of the constitution is upheld by which of the following?

A. Loksabha
B. President
C. Supreme court
D. Rajyasabha
Answer: C

Which article authorizes the Chief Justice of India to appoint other places as seat of SC?

A. Article 191
B. Article 130 
C. Article 132 
D. Article 230
Answer: B

To become a supreme court judge, a person has to be a judge of a high court for at least how many years?

A. 15 yrs
B. 5 yrs
C. 7 yrs
D. 10 yrs
Answer: B

To become a supreme court judge, a person has to be an advocate of the high court for how many years?

A. 15 yrs
B. 5 yrs
C. 7 yrs
D. 10 yrs
Answer: D

Who decides the Salary and allowances of Judges of the Supreme court?

A. Loksabha
B. Rajyasabha
C. Parliament
D. Union government
Answer: C