Judiciary: Supreme court of India Part v chapter IV of constitution of India.Detail notes for IAS prelim Exam

Supreme court of India Part v chapter IV of constitution of India.Detail notes for IAS prelim Exam: Establishment,Appointment,Qualification,Tenure,impeachment,salaries power and Position of Judges.Complete notes

 Supreme court of India

for UPSC Civil services preliminary exam special  notes #CSAT general studies-1

• The supreme court of India came into existence on 28th January 1950.The inauguration took place in the chamber of princes in the parliament building.
• The original constitution of 1950 envisaged a supreme court with a chief justice and 7 pusine judges leaving it to parliament to increase this number.
• Parliament increased the number of judges from 8 in 1950 to 11 in 1956,14 in 1960,18 in 1978,26 in 1986 and 31 in 2009.

Establishment of supreme court:

This Apex court of India is the highest court of the land as established by part-v, chapter IV of the constitution of India.

Role of the supreme court of India:

It is a federal court which is the guardian of the constitution and it is the highest court of appeal.

Appointment of Judges of the supreme court

The President of India appoints every judges of the supreme court 

#Article-124(2):

Every judges of the supreme court shall be appointed by the President by warrant under his hand and seal after consultation with such of the judges of the supreme court and of the High court's in the states as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty five years

Qualification of the Judges of supreme court of India: 

Article 124(3) deals with the qualifications of the judges of the supreme court of India.

#Article 124(3):

• A person shall not be qualified for appointment as a judge of the supreme court unless he is a citizen of India and
• Has been for atleast 5 years a judge of a high court or of two or more such courts in succession. Or
• Has been for atleast ten years an advocate of a High court or of two or more such courts in succession.Or
• Is in the opinion of the President,a distinguished jurist.

Appointment of acting chief justice:

#Article 126- when the office of the chief justice of India remain vacant or the CJI is by reason of absence or otherwise unable to perform the duties of his office,it shall be performed by such one of the other judges of the court as the President may appoint for the purpose.

Appointment of ad-hoc judges:

#Article 127(1)-

If the quorum of the judges of the supreme court not happened at any time to continue sessions of the supreme court the chief justice of India may with the prior consent of the President and after consultation with the chief justice of the High court concerned request in writing the attendance at the sitting of the court as an ad-hoc judge for such period as may be necessary of a judge of high court duly qualified for appointment as a judge of the supreme court to be deginated by the chief justice of India.

Attendance of retired judges at sittings of the supreme court:

#Article 128- The chief justice of India with the prior consent of the President may request any person who has held the office of the judge of the supreme court or of the federal court or who has held the office of a judge of a high court and is dully qualified for appointment as a judge of the supreme court and every such person so requested shall while so sitting and acting be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of but shall not be deemed to be a judge of that court.provided that nothing in this article shall be deemed to require any such person as said before to sit and act as a judge of that court unless he consents to do so.

Supreme court to be a court of record:

#Article 129-

The supreme court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.

Seat of supreme court:

#Article 130-

The supreme court shall sit in Delhi or in such other place or places as the chief justice of India may appoint with the approval of the President, from time to time.

Jurisdiction of the supreme court:

The supreme court has four types of jurisdiction namely 

1. Original
2. Appelate
3. Writ
4. Advisory.

#Article 32, 129,Article- 132(1),133(1),134,136,142,143,3127(1)

Deals with it.

Removal of the judges of the supreme court

#Article 124(4), #article 124(5) deals with the removal of the judges of the supreme court.

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