11.1 The Supreme Court

Articles 124 to 147, Part V

** The strength of the Supreme Court’s judges stands at thirty-four judges (one chief justice and thirty three other judges).

Originally, the strength of the Supreme Court was fixed at eight (one chief justice and seven other judges).

Qualification

(i) He should be a citizen of India.

(ii) (a) He should have been a judge of a High Court (or high courts in succession) for five years, or 

(b) He should have been an advocate of a High Court (or High Courts in succession) for ten years; or (c) He should be a distinguished jurist in the opinion of the president.

Oath

The oath to the judges and CJI is administered by the President or any other person appointed by him for this purpose

Tenure of Judges –

A. ** He holds office until he attains the age of 65 Years. 

B. He can resign his office by writing to the president. 

C. He can be removed from his office by the President on the recommendation of the Parliament.

Appointment- 

The judges of the Supreme Court are appointed by the president. The appointment of the Chief Justice is made by the president after consultation with such judges of the Supreme Court and high courts as he deems necessary. The other judges are appointed by the president after consultation with the chief justice and such other judges of the Supreme Court and the high courts as he deems necessary. The consultation with the chief justice is obligatory in the case of appointment of a judge other than the Chief justice.

Removal of Judges 

• The removal process of both the Supreme Court and the High courts are the same.
• A judge of the Supreme Court can be removed from his Office by an order of the President. However, he can do so only after an address by Parliament has been presented to him in the same session for such removal. The address must be supported by a special majority of each House of Parliament – a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting. The grounds of removal are —proved misbehaviour or incapacity.

Powers of the Supreme Court 

Original Jurisdiction, Writ Jurisdiction, Appellate Jurisdiction, Advisory Jurisdiction, A court of Record and so on.

Original Jurisdiction 

when the case is involved between centre and states or two or more states or centre and two or more states being anti.

** Writs 

• The Supreme Court is empowered to issue writs including Habeas Corpus, Mandamus, Prohibition, quo-warranto and Certiorari for the enforcement of the fundamental rights of an aggrieved citizen.
• ** The difference between the supreme court and the high court’s writ jurisdiction is that the supreme court can issue Writs in cases involving only fundamental rights and the high courts can issue Writs otherwise as well.

Types of Writs in India

• Habeas Corpus
• Mandamus
• Prohibition
• Certiorari
• Quo-Warranto

Habeas Corpus

The Latin meaning of the word ‘Habeas Corpus’ is ‘To have the body of.’ This writ is used to enforce the fundamental right of individual liberty against unlawful detention. Through Habeas Corpus, the Supreme Court/High Court orders one person who has arrested another person to bring the body of the latter before the court.

Mandamus

The literal meaning of this writ is ‘We command.’ This writ is used by the court to order the public official who has failed to perform his duty or refused to do his duty, to resume his work. Besides public officials, Mandamus can be issued against any public body, a corporation, an inferior court, a tribunal, or government for the same purpose.

Prohibition

The literal meaning of ‘Prohibition’ is ‘To forbid.’ A court that is higher in position issues a Prohibition writ against a court that is lower in position to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. It directs inactivity.

Certiorari

The literal meaning of the writ of ‘Certiorari’ is ‘To be certified’ or ‘To be informed.’ This writ is issued by a court higher in authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case. It is issued on the grounds of an excess of jurisdiction or lack of jurisdiction or error of law. It not only prevents but also cures for the mistakes in the judiciary.

Quo-Warranto

The literal meaning of the writ of ‘Quo-Warranto’ is ‘By what authority or warrant.’ Supreme Court or High Court issue this writ to prevent illegal usurpation of a public office by a person. Through this writ, the court enquiries into the legality of a claim of a person to a public office

11.2 The High Courts

• At present, there are 25 High Courts in the Country.
• Out of them, three are common high courts. Delhi is the only union territory that has a high court of its own (since 1966). The other union territories fall under the jurisdiction of different state high courts.

Appointment of Judges 

The judges of the high court are appointed by the President. The chief justice of the High Court is appointed by the President after consultation with the chief justice of India and the governor of the state concerned. For the appointment of other judges, the chief justice of the concerned high court is also consulted. In case of a common high court for two or more states, the governors of all the states concerned are consulted by the president.The judges of a high court are appointed by the President. The chief justice of the High Court is appointed by the President after consultation with the chief justice of India and the governor of the state concerned. For the appointment of other judges, the chief justice of the concerned high court is also consulted. In case of a common high court for two or more states, the governors of all the states concerned are consulted by the president.

Qualifications

a. He should be a citizen of India.

b. He should have held a judicial office in the territory of India for ten years, or 

c. He should have been an advocate of a high court (or high courts in succession) for ten years.

Oath 

** Oath to the judge is administered by the Governor of the state or some person appointed by him for this purpose.

Tenure of Judges 

a. ** He holds office until he attains the age of 62 Years. 

b. He can resign his office by writing to the president.

c. He can be removed from his office by the President on the recommendation of the Parliament. 

d. He vacates his office when he is appointed as a judge of the Supreme Court or when he is transferred to another high court. 

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© 2023, www.mindplan.in