PPT 1 Judicial system of India: Indian Constitution .pptx

Introduction to Indian Judicial System

1. Judicial System of India Mr Virendra Singh Thakur

2. Constitution of the Supreme Court Art 124 (1): “ There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges .”

3. Constitution of the Supreme Court Originally: Chief Justice and 7 other Judges - leaving it to Parliament to increase this number . The Supreme Court (Number of Judges) Act, 1956 Parliament increased the number of Judges to 11. The Supreme Court Number of Judges (Amendment) Act, 1960: 14

4. The Supreme Court Number of Judges (Amendment) Act, 1978: 18 The Supreme Court Number of Judges (Amendment) Act , 1986: 26 The Supreme Court Number of Judges (Amendment) Act , 2008: 31

5. Article 74 Council of Ministers to aid and advise President (1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice: Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration. (2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.

6. Appointment of Judges Article 124 (2): “Every Judge 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 Courts 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” Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted:

7. Consultation: Judges of High Courts, Supreme Court. No fixed number of Judges to be consulted with. Not bound to follow the advice of Judges.

8. President is bound to consult the CJI in matters relating to appointment of other Judges of the Supreme Court. President is not bound to consult anyone while appointing the CJI.

9. Appointment of Chief Justice of India 1950-1973 era (Seniority) Law Commission Report 1956: “ In appointing the Chief Justice of India, his administrative competence and should be judged and seniority should not be the main consideration”.

10. After the delivery of Judgment in Fundamental Right Case: Justice A.N. Ray was appointed by the Government as the Chief Justice of India superseding three of his senior colleagues: Justices Shelat , Hegde and Grover. 22 years old practice was changed. The Supreme Court Bar Association condemned the action of the Government seeking justifications.

11. Justifications of the Government: Absolute discretion of the President. Recommendations of Law Commission Report, 1956. Executive was entitled to take into consideration the mental outlook or the social philosophy of the Judges.