Tenure of Judges l Salaries and Allowances l Acting Chief Justice l Jurisdiction and Powers of Supreme Court l A Court of Record l Appellate Jurisdiction (Art 132,133,134) Jurisdiction (Articles 141, 137) l Original Jurisdiction (Art 131)

 Tenure of Judges: The Constitution has not fixed the tenure of a judge of the Supreme Court.

However, it makes the following three provisions in this regard:

a. He holds office until he attains the age of 65 years. Any question regarding his age is to be

determined by such authority and in such manner as provided by Parliament.

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.

Salaries and Allowances: The salaries, allowances, privileges, leave and pension of the judges

of the Supreme Court are determined from time to time by the Parliament. They cannot be

varied to their disadvantage after their appointment except during a financial emergency.

Acting Chief Justice: The President can appoint a judge of the Supreme Court as an acting

Chief Justice of India when: The office of Chief Justice of India is vacant; or The Chief Justice

of India is temporarily absent; or The Chief Justice of India is unable to perform the duties of

his office.

Jurisdiction and Powers of Supreme Court:

A Court of Record: As a Court of Record, the Supreme Court has two powers:

a. The judgments, proceedings and acts of the Supreme Court are recorded for perpetual

memory and testimony. These records are admitted to be of evidentiary value and cannot be

questioned when produced before any court.

b. They are recognized as legal precedents and legal references.

c. It has power to punish for contempt of court, either with simple imprisonment for a term up

to six months or with fine up to 2,000 or with both.

Jurisdiction (Articles 141, 137) Articles 137 to 141 of the Constitution of India lay down the

composition and jurisdiction of the Supreme Court of India. Art 141, states that Law declared

by Supreme Court is binding on all the courts in India and Art 137 empowers SC to review its

own judgment. The Jurisdiction of the Supreme Court of India can broadly be categorized into

three parts:

Original Jurisdiction (Art 131) This jurisdiction extends to cases originating in SC only and

states that Indian SC has original and exclusive jurisdiction in cases between: Government onone hand and one or more states on the other Government and one or more states on one side

and other states on the other two or more states

Appellate Jurisdiction (Art 132,133,134) Appeal lies with SC against high court in following

4 categories

a. Constitutional matters-if high court certifies that the case involves substantial question of

law that needs interpretation of constitution.

b. Civil matters- if case involves substantial question of law of general importance

c. Criminal matters-if high court has on appeal reversed the order of acquittal of an accused

and sentenced him to death or has withdrawn for trial before itself any case from subordinate

court d. is granted by SC if it is satisfied that the case does not involve any question of law.

Special leave to appeal

However it cannot be passed in case of judgment passed by a court or tribunal of armed

forces. However, under this jurisdiction SC can transfer to itself cases from one or more high

courts if it involves question of law in the interest of justice.

Advisory Jurisdiction (Art 143) The Article 143 authorizes the President to seek advisory

opinion from the Supreme Court in the two categories of matters-  (a) matters of public

importance (b) of any question arising out of pre-constitution, treaty, agreement, engagement,

sanad or other similar instruments. Also Art 144 states that all the authorities, civil and judicial,

in the territory of India shall act in aid of the Supreme Court.

Power of Judicial Review Judicial review is the power of the Supreme Court to examine the

constitutionality of legislative enactments and executive orders of both the Central and state

governments. On examination, if they are found to be violating of the Constitution (ultra-vires),

they can be declared as illegal, unconstitutional and invalid (null and void) by the Supreme

Court. Consequently, they cannot be enforced by the Government.

Recent issues in Supreme Court Master of Roster: It refers to the privilege of the Chief Justice

to constitute Benches to hear cases. The controversy has emerged in the Supreme Court over

absolute power of Chief Justice on the judicial administration. The SC has upheld a number of

times that “the Chief Justice is the master of the roster and he alone has the prerogative to

constitute the Benches of the Court and allocate cases to the Benches so constituted.” Be it the

Chief Justice of India or Chief Justice of any high court it is he or she who heads the

administrative side. This includes allocation of matters before a judge as well. So, no Judge

can take up the matter on his own, unless allocated by the Chief Justice of India.