Supreme Court of India.pptx

History of court

1. The Union Judiciary i.e . The Supreme Court (Articles 124-147) Chapter IV under Part V of the constitution (Union) deals with The Union Judiciary. The constitution and jurisdiction of Supreme Court is stated in detail from articles 124-147 . It enjoys supreme judicial authority in India.The law declared by the Supreme Court shall be binding on all courts within the territory of India (Article 141). In India Judiciary is integrated . To protect Democracy, human rights and keep judiciary away from Legislative and Executive.

2. Cont …. Supreme Court Apex Court High Court Subordinate Courts

3. History of Supreme Court Regulating Act of 1773 established the Supreme Court of Judicature at Calcutta as a Court of Record , with full power & authority to: hear and determine all complaints for any crimes. (Bengal, Bihar and Orissa) The Supreme Courts at Madras and Bombay were established by King George – III in 1800 and 1823 respectively. The India High Courts Act 1861 created High Courts for various provinces and abolished Supreme Courts at Calcutta, Madras and Bombay and also the Sadar Adalats in Presidency towns. Federal Court of India under the Government of India Act 1935 . The Federal Court had jurisdiction to solve disputes between provinces and federal states and hear appeal against Judgements from High Courts . After Independence in 1947, Supreme Court of India also came into existence and had its first sitting on 28 th January 1950 .

4. Cont …. Established 1 October 1937 (as Federal Court of India) 28 January 1950 (as Supreme Court of India) Location Tilak Marg , New Delhi Motto Yato Dharmastato Jayah (Where there is Dharma, there will be victory) Composition method Collegium of the Supreme Court of India Authorized by Constitution of India Judge term length Mandatory retirement at 65 years of age

5. Qualification Essential qualifications to be eligible for a Supreme Court Judge are: should be a citizen of India. should have worked as a High Court judge for a period of not less than five years . Or , they should have worked as a high court advocate for a period of not less than ten years. They should be an eminent jurist in the view of the President.

6. Composition of the Supreme Court Originally there was a provision in the Constitution that there will be Chief Justice and seven other judges. This number (7) was raised to 10 in 1956, 13 in 1960, 17 in 1977 and 25 in 1985 (Article 124 ), 30 in 2009. 10 years later, in 2019, the Supreme Court (Number of Judges) Amendment Bill, 2019 was introduced in Parliament, which sought to increase the number of Supreme Court Judges. The Bill was passed, and consequently the Supreme Court’s Judges’ sanctioned strength was increased to 34 Judges . Justice Dhananjaya Y. Chandrachud has been appointed as the 50th Chief Justice of India on 9th November 2022. The chief justice is the head of the Supreme Court and is responsible for the allocation of cases and appointment of constitutional benches which deal with important matters of law.

7. : Appointment of Judges The President is the appointing authority in the case of judges of the Supreme Court. Article 124(a). While making appointment of the Chief Justice of India, he may consult such of the judges of the Supreme Court and of the High Court’s as he might consider necessary . Removal of Judges Order of the President. No judge of the Supreme Court has been impeached so far. The President can issue the removal order only after an address by Parliament has been presented to him in the same session for such removal. Address must be supported by a special majority (2/3) of each House of Parliament Proved misbehaviour or incapacity.

8. Working The Supreme Court operates on the principle of judicial independence and impartiality. It functions throughout the year except for specified vacations. The court holds regular sessions to hear cases and deliver judgments. It has the power to determine the constitutionality of laws, protect fundamental rights, and interpret the Constitution. It plays a crucial role in shaping the legal landscape of India through its judgments, which set precedents and have far-reaching implications for the country. It takes up appeals against the verdicts of the High Courts, other courts and tribunals. It settles disputes between various government authorities, between state governments, and between the centre and any state government. It also hears matters which the President refers to it, in its advisory role. The SC can also take up cases suo moto (on its own). The law that SC declares is binding on all the courts in India and on the Union as well as the state government

9. Jurisdiction Original Jurisdiction: Article 131 The Supreme Court has original jurisdiction in any dispute – (a) between the Government of India and one or more States; or (b) between the Government of India and any State of States on one side and one or more other States on the other; or (c) between two or more States . Appellate Jurisdiction: Article 132 As a court of appeal, the Supreme Court is the final appellate tribunal of the land. There can be two types of cases—criminal, in which some criminal activities are involved and civil, in which there may be disputes regarding property, etc . The appellate jurisdic­tion of the Supreme Court may be further divided under three heads: 1) Constitutional 2) Civil 3) Criminal

10. Cont ….. Constitutional (art 132) : In constitutional matters an appeal lies to the supreme court if the high court certifies that the case involves a substantial question of law as to the interpretation of the constitution . Civil (art 133 ): In civil cases, an appeal lies to the Supreme Court, if a High court certifies that the value of the subject matter of the dispute as fit for appeal to the supreme court . Criminal (art 134): In the criminal case, an appeal lies to the Supreme Court if the High court : Has withdrawn for trial before itself any case from any subordinate and has in such trial convicted the accused and sentenced him to death. Certifies that the case is fit for appeal to the supreme court.

11. Cont … Advisory Jurisdiction : If the president seeks advice of supreme court (under Article 143(1 )), it is bound to give its opinion . The supreme court decision is not bound to the president. Advice Writ Jurisdiction (Art 32): Every individua l has the right to move to the supreme court directly by appropriate proceedings for the enforcement of Fundamental Rights . Art 32 imposes duty to the supreme court to enforce the Fundamental Rights. Any question of law which is of such a nature and of such public importance that it is expedient to obtain the Court’s opinion on it .

12. Thank You