When was the Supreme Court of India established
Supreme Court – Functions and Powers
The Supreme Court is the highest and final court of the country as well as being an independent and impartial watchdog of the Indian Constitution and the fundamental rights of citizens. Under this, High Courts are established in different states of the Indian Union. There are other courts under these High Courts. Thus all the courts of the country are subordinate to the Supreme Court.
The constitution of the Supreme Court of India can be explained on the basis of the following headings:
(1) The number of judges—
According to Article 124(1) of the Constitution, Parliament can change the number of judges of the Supreme Court by passing a law. There is no provision in the Indian Constitution regarding the number of judges. That is, the number is not determined by the constitution.. Parliament has increased the number of judges by various Acts. Regarding the number of judges in the Supreme Court, it has been provided by the Act 1985 that the Supreme Court will have a Chief Justice and 25 other judges. In view of the ever-increasing burden of cases on the top court of the country, the Central Government on February 21, 2008 decided to increase the number of judges. After this decision of the government, the number of judges in the Supreme Court, including the Chief Justice, has increased to 31.
(2) Appointment of judges—
The President of India appoints the judges of the Supreme Court. The President must consult the Chief Justice of the Supreme Court before appointing these judges. In this regard, special care is taken in the order of seniority. In special circumstances, the Chief Justice of the Supreme Court can also appoint ‘Adhoc Judges’ with the permission of the President. But while making ad-hoc appointments, the Chief Justice of India has to consult the Chief Justices of the High Court from whom the ad hoc judges are to be appointed.
(3) Qualifications of judges—
According to Article 124(3) of the Constitution, the following qualifications have been prescribed for the judges of the Supreme Court:
(i) He is a citizen of India.
(ii) He should have served as a Judge of a High Court or of two or more Courts for not less than five consecutive years.
Or has been an advocate of a High Court or two or more courts for a continuous period of 10 years.
(iii) In the eyes of the President, he should have a knowledge of law of a high order.
(4) Term of judges and impeachment –
Judges of the Supreme Court can serve in their office till the age of 65 years, but even before this, if a judge wants, he can resign from his office. Further, if both the Houses of Parliament separately, in the same session of Parliament, by a resolution passed by a majority of two-thirds of their members present and voting, disqualify a judge and request the President to allow him to If removed from office, the President can order that judge to resign from his office and that judge has to resign.
(5) Salary, allowance and pension of judges-
The salaries and allowances of the judges of the Supreme Court are determined by the Parliament of India. These change from time to time. The Chief Justice receives a salary of Rs 2.80 lakh per month. Apart from the Chief Justice of the Supreme Court, the remaining judges of the Supreme Court get a salary of Rs 2.50 lakh per month. The Chief Justice of the Supreme Court is provided with a variety of facilities in addition to a salary of Rs 2.80 lak. Every judge has got free government accommodation and travel related facilities for the performance of his duties. Retired judges also get annual pension. His salary and allowances are given from the Consolidated Fund of the Government of India. Their approval by the Parliament is not required.
(6) Immunities of judges—
The actions of the judges of the Supreme Court cannot be publicly criticized or discussed by any person. Any person committing defamation (contempt) of court can be punished by the Supreme Court. There can be no criticism in the Parliament of the cases pending or the decisions of the Supreme Court. Parliament can only consider the conduct of a judge to remove him from his office.
Jurisdiction of Supreme Court
Powers and Functions of Supreme Court
The Supreme Court of India is one of the most powerful Supreme Courts in the world. Due to its scope being the whole of India, its powers are very wide and extensive. The decisions of the Supreme Court are binding on all the courts of the country. Its powers and functions can be divided into the following heads
(1) Original Jurisdiction – The original jurisdiction of the Supreme Court can be divided into two parts.
(1) Primal sole jurisdiction—
Those disputes come under this jurisdiction of the Supreme Court, which cannot be decided by any other court of the country except the Supreme Court. in this
(i) disputes between the Union Government and one or more States,
(ii) be a party to the Union Government and one or several States and the other party to one or more States,
(iii) Disputes between two or more states.
The disputes related to the sharing of river waters and the basins of rivers between two states do not come under the jurisdiction of the Supreme Court. Apart from this, the disputes entrusted to the Finance Commission for decision also do not come under its jurisdiction.
(2) Concurrent original jurisdiction—
The Supreme Court as well as the High Courts have been empowered to implement the Fundamental Rights guaranteed by the Constitution. The Supreme Court has been specifically held responsible by Article 32(1) of the Constitution to take necessary action in relation to the implementation of Fundamental Rights. There are five types of articles or orders that can be issued by the Supreme Court to protect the Fundamental Rights; Such as habeas corpus, mandamus, prohibition, inducement and enquiry. Thus the Supreme Court also protects the fundamental rights of the citizens. ,
(II) Appellate Jurisdiction—
The Supreme Court is the largest and last appellate court in the country. Under this jurisdiction, the Supreme Court has the power to hear the following types of appeals against the High Court:
(1) Constitutional appeals—
According to the provision of Article 132 of the Constitution, the Supreme Court hears appeals in constitutional matters from any decision of the High Court when the High Court gives a certificate that the question relating to the interpretation of any article or section of the Constitution in this dispute Is contained. The Supreme Court itself may allow a person to hear appeals from such cases on its own behalf, provided the Court feels that a constitutional question is involved in the matter.
(2) Civil appeals—
According to the provision of Article 133 of the Constitution, such civil dispute can be heard by the Supreme Court in which it is certified by the High Court that the value of the subject in dispute is more than ₹ 20,000. But this limit has been abolished by the 30th Constitutional Amendment made in 1973. It has now been provided that all such civil disputes may be appealed to the Supreme Court in respect of which the High Court may certify that these disputes involve meaningful questions of the interpretation of law of general importance.
(3) Criminal appeals—
According to the provision of Article 134 of the Constitution, the following criminal cases can be appealed to the Supreme Court against the decision of the High Court
(i) When in a case a subordinate court of the High Court has acquitted the accused as innocent, but has been sentenced to death by the High Court.
(ii) When the High Court, having called for a case from a Court subordinate to it, has awarded death sentence to the accused.
(iii) When it has been certified by the High Court that the dispute is fit for appeal to the Supreme Court.
(4) Special appeals—
According to the provision of Article 135 of the Constitution, the Supreme Court has been empowered to grant special leave to appeal from any decision made in any dispute by any court in India other than a military court. This. Permission may be granted only in respect of such prosecutions, the decisions of which have led the Supreme Court to feel that a gross injustice has been done to one of the parties and the charge should be reconsidered.
(III) Consultative Jurisdiction
The Supreme Court has also been given advisory jurisdiction by the Constitution. According to Article 143 of the Constitution, if the President is satisfied that any question of law or fact has arisen which is of public importance, he may seek the advice of the Supreme Court on the said question. But there is no such constitutional obligation on the Supreme Court that it has to give advice.
(IV) Guardian of the Constitution or Judicial Review Jurisdiction—
The Constitution has also provided the Supreme Court with the function of the custodian of the Constitution. This means that the Supreme Court has the power to check the validity of laws. This is called the ‘right to judicial review’. Under this right, the Supreme Court has the right to investigate such laws made by the Union Government or the State Legislature which are against the Constitution, that is, the laws made against the Constitution can be declared illegal by the Supreme Court. In this way, by exercising this right, the Supreme Court acts as the guardian of the Constitution.
(v) Reconsideration jurisdiction—
According to the provision of Article 138 of the Constitution, the Supreme Court can reconsider the orders and decisions given by it and can also change or amend them as per the need. This is done by the Supreme Court only when it appears to it that injustice has been done to any party by the decision given by it or any other facts have come to light in relation to that dispute.
(VI) Court of Record –
The Supreme Court is also a Court of Record as per Article 129 of the Constitution. All its proceedings and decisions are in writing and are published. These are kept as records. Thus the judgments of the Supreme Court are of great value in the form of evidence, which all subordinate courts give legal recognition to.
(VII) OTHER RIGHTS-
Apart from the above mentioned rights, the Supreme Court also has other powers, which are as follows:
(1) He can inquire into the affairs of the courts subordinate to him.
(2) In addition to fixing the conditions of service and appointment of the employees subordinate to him, he also has the power to promote and remove them.
(3) The Supreme Court also has the power to punish any person who commits contempt of court.
Thus, the Supreme Court has wide jurisdiction as the guardian of the federal system and fundamental rights and the last appellate court of the Indian Union.