Supreme Court

Points to Remember:

1.       Part V of the constitution deals with the organization, independence, jurisdiction, powers, and procedures and so on of the Supreme Court.

2.       The judges of the Supreme Court are appointed by the president.

3.       The chief justice is appointed by the President after consultation with such judges of Supreme Court and high court as he deems necessary.

4.       The consultation with the chief justice is obligatory in the case of appointment of a judge other than chief justice. However the sole opinion of chief justice of India does not constitute the consultation process, he should consult collegiums of 4 senior most judges & even if two judges give an adverse opinion, he should not send the recommendation to the government.

5.       Constitution have not specified nay minimum age for appointment as judge of supremecourt.The only criteria he need to be fulfilled is he should be judge of hight courts for 5 years in succession or an advocate of a High Court for 10 years.

6.       Judges of Supreme Court can be removed by president on the recommendation of parliament.

7.       The president can issue the removal order only after an address by the parliament has been presented to him in the same session for such removal. Address must be supported by special majority  of each house of parliament(a majority of the total membership of that house and majority of not less than two-thirds of the members of that house present & voting)Impeachment motion for removal of judge does not lapse on the dissolution of lok sabha. A removal motion signed by 100 members (in case of loak sabha) & 50 members (in case of rajya sabha) is to be given to the speaker/chairman, the speaker or chairman may admit or refuse it. If it is admitted then the speaker/chairman need to constitute three member committee ( Chief justice or judge of supreme court , chief justice of a high court, distinguished jurist). If committee found judge to be guilty of misbehavior or suffering from incapacity, the house can take up the consideration of impeachment motion.

8.       Ad hoc Judge: When there is lack of Quorum of the permanent judges to hold or continue nay session of supreme court , the chief justice of India can appoint a judge of high court as an adhoc judge of supreme court for a temporary period . He can do so only after consultation with chief justice of the high court concerned and with the previous consent of the president.

9.       The constitutional cases or reference made by the president under article 143 are decided by a bench consisting of at least 5 judges.

10.   The salaries, allowances and pension of the judges are charged on the consolidated fund of India. Thus they are non- votable by the parliament though they can be discussed by it.

11.   Original jurisdiction of the supreme court does not extend to Inter -state water disputes & matters referred to Finance commission.

12.   The supreme court is empowered to issue writs including Habeas corpus, mandamus, prohibition,Quowarrento,certiorari  for the enforcement of the fundamental rights of an aggrieved citizen.

13.   The supreme court can issue writ only for the enforcement of fundamental rights not for other purpose, on the other hand high court can issue writs not only for the enforcement of fundamental rights but also for other purposes.But the parliament can confer on the Supremecourt , the power to issue writs for other purposes also.

14.   If the high court has revered the order of conviction and has ordered the acquittal of the accused, there is no right to appeal to the Supreme Court.

15.   Supreme Court decides the disputes regarding the election of the president and the vice – president.

16.   Supreme Court enquires into conduct and behavior of chairman of the UPSC on a reference mad by the president. The advice tendered by the Supreme court in this regard is binding on the President.