Supreme Court

• Articles 124 to 147 in Part V of the Constitution deal with the Supreme Court.
• The Parliament is authorized to regulate courts.
• The Indian Constitution has established an integrated judicial system with the Supreme Court at the top and the high courts, District courts, Taluk courts below it.
• This single system of courts, adopted from the Government of India Act of 1935, enforces both Central laws as well as the state laws.
• The Supreme Court of India was inaugurated on January 28, 1950.
• Originally, the strength of the Supreme Court was fixed at eight (one chief justice and seven other judges). Now, the Supreme Court consists of thirty-four judges (one chief justice and thirty three other judges).
• The judges of the Supreme Court are appointed by the president.

Qualifications

• Should be a citizen of India.
• Should have been a judge of a High Court for five years / Should have been an advocate of a High Court for ten years / should be a distinguished jurist in the opinion of the president.
• The Constitution has not fixed the tenure of a judge of the Supreme Court.
• Retirement age is 65. A judge can give his resignation letter to president of India. A judge can be removed from office on the recommendation of parliament (Impeachment). No judge is so far impeached.
• The salaries, allowances, privileges, leave and pension of the judges of the Supreme Court are fixed by the Parliament.
• President appoints acting chief justice / ad hoc judges.
• The Constitution declares Delhi as the seat of the Supreme Court.
• The Constitutional cases or references made by the President under Article 143 are decided by a Bench consisting of at least five judges.
• The Supreme Court is a federal court, the highest court of appeal, the guarantor of the fundamental rights of the citizens and guardian of the Constitution.

The powers of the Supreme Court

1. Original Jurisdiction.
2. Writ Jurisdiction.
3. Appellate Jurisdiction.
4. Advisory Jurisdiction.
5. A Court of Record.
6. Power of Judicial Review.
7. Constitutional Interpretation
8. Other Powers.

Original Jurisdiction

The Supreme Court decides the disputes between -
a. The Centre and one or more states
b. The Centre and any state or states on one side and one or more other states on the other side
c. Two or more states.

Write Jurisdiction

• The Supreme Court is empowered to issue 5 types of writs for the violation of Fundamental rights, these are-

a. Habeas corpus
b. Mandamus
c. Prohibition
d. Quo warrantor
e. certiorari

Appellate Jurisdiction

a. Appeals in constitutional matters.
b. Appeals in civil matters.
c. Appeals in criminal matters.
d. Appeals by special leave.

Advisory Jurisdiction

• The Constitution (Article 143) authorizes the president to seek the opinion of the Supreme Court.

1. Law of public importance
   
2. Issues related to pre-constitution treaty

Judicial Review

• It is the power of the Supreme Court to review the laws of the Central and state governments. If the laws are violate to the Constitution (ultra-vires), they will be declared as invalid by the Supreme Court.
• The Supreme Court is the ultimate interpreter of the Constitution.

Important Articles

124. Establishment and Constitution of Supreme Court
130. Seat of Supreme Court
131. Original jurisdiction of the Supreme Court
137. Review of judgments or orders by the Supreme Court
143. Power of President to consult Supreme Court