SUPREME COURT OF INDIA- PART 2

SUPREME COURT IN INDIA (JURISDICTION)

The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India.

Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India. The Supreme Court has Original jurisdiction, Appellate jurisdiction and Advisory jurisdiction.

The Supreme Court is the highest appellate court which takes up appeals against the verdicts of the High Courts and other courts of the states and territories.

The Supreme Court has the power to transfer the cases from one High Court to another and even from one District Court of a particular state to another District Court of the other state. The Supreme Court has the power of Constitutional review.

Salary-Article 125 of the Indian Constitution leaves it to the Indian Parliament to determine the salary, other allowances, leave of absence, pension, etc. of the Supreme Court judges.

However, the Parliament cannot alter any of these privileges and rights to the judge's disadvantage after his appointment. A judge gets 90,000 Rs. and the Chief Justice gets a sum of 1,00,000 Rs.

Points on remember related to SC

1) The first woman judge of the Supreme Court was Justice Fatima Beevi in 1987. However, there has been no female Chief Justice.

2) Ad hoc Judges:

a) Ad hoc Judges are non-Supreme Court judges who sit in the Supreme Court when there is insufficient quorum to perform the judicial duties

b) Ad hoc Judges are appointed by the Chief Justice after obtaining consent from the President

c) Serving and retired judges of the Supreme Court (and High Courts) can sit and act as ad hoc Judges of the Supreme Court.

d) Only such persons can be appointed as ad hoc Judges who are qualified to be appointed as a regular Judge of the Supreme Court.

3) The Chief Justice administers the oath of office to the President.

4) The first Chief Justice of India was H J Kania (1950 – 1951).

5) The shortest tenure was for K N Singh (Nov 1991 – Dec 1991,UP)

6) The longest tenure was for Y V Chandrachud (1978 – 1985,Bombay)

JURISDICTION OF THE SUPREME COURT:

Original Jurisdiction:

1. Original Jurisdiction means that certain types of cases can originate with the Supreme Court only.

2. The Supreme Court has original jurisdiction in:

a) Disputes between the Centre and one or more states

b) Disputes between the Centre and any state(s) on one side and one or more states on the other side

c) Disputes between two or more states

d) Disputes regarding the enforcement of Fundamental Rights

Appellate Jurisdiction:

1. Appellate Jurisdiction means that appeals against judgements of lower courts can be referred to it

2. The Supreme Court is the highest court of appeal in the country.

Three types of cases fall with appellate jurisdiction:

a) Constitutional cases

b) Civil cases

c) Criminal cases

Advisory Jurisdiction:

1. Advisory Jurisdiction refers to the process where the President seeks the Court‘s advice on legal matters.

2. If the President asks for advice from the Supreme Court, the Court is duty-bound to give it. However, it is not binding on the President to accept the advice.