THE SUPREME COURT OF INDIA
Supreme Court at the apex of Indian Judiciary is the highest authority to uphold the
constitution of India, to protect rights and liberties of citizens and to uphold the values of rule
of law. Hence it is known as the guardian of our Constitution. The Indian constitution provides
for a provision of Supreme Court under Part 5 (The Union) the Union Judiciary. Indian
Constitution has provided an independent judiciary with a hierarchical setup containing High
Courts and Subordinate Courts under it. Article 124(1) and Amendment act of 2008 states that
there shall be a Supreme Court of India consisting of a Chief justice of India (CJI) and 31
judges including the CJI. Article 124(2) states that 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 Supreme Court and of the High Courts in the states. Here the collegiums system
(appointment of judges to the courts) was followed also known as the three judge’s cases,
which comprises of the Chief Justice of India and four senior most judges of the SC, one chief
justice of a high court and two of its senior most judges. This system demanded a consensus
decision of all the senior most judges in conformity with the Chief Justice of India. However
due to lack of transparency and delay in appointment, a new article 124 A was incorporated in
the constitution, under which the National Judiciary Appointments Commission (NJAC)
replaced the collegiums system for the appointment of judges as mandated in the existing pre-
amended constitution by a new system.
Powers of the Supreme Court:
1. Power to punish for contempt (civil or criminal) of court with simple imprisonment for
6 months or fine up to 2000. Civil contempt means willful disobedience to any
judgment. Criminal contempt means doing any act which lowers the authority of court
or causing interference in judicial proceedings
2. Judicial review - to examine constitutionality of legislative enactments and executive
orders. The grounds of review is limited by- Parliamentary legislation or rules made by
Supreme Court.
3. Deciding authority regarding election of President and Vice President
4. Enquiring authority in conduct and behavior of UPSC members
5. Withdraw cases pending before high courts and dispose them itself
6. Appointment of ad hoc judges-Art 127 states that if at any time there is lack of quorum
of Judges of Supreme Court, the CJI may with previous consent of the President and
Chief Justice of High Court concerned request in writing the attendance of Judge of
High Court duly qualified to be appointed as Judge of SC.
7. Appointment of retired judges of Supreme court or high court - Art 128- The CJI at any
time with the previous consent of the President and the person to be so appointed can
appoint any person who had previously held office of a Judge of SC.
8. Appointment of acting Chief Justice- Art 126- when the office of CJI is vacant or when
the Chief Justice is by reason of absence or otherwise unable to perform duties of office,
the President in such case can appoint Judge of the court to discharge the duties of
office.
9. Reviser Jurisdiction: The Supreme Court under Art. 137 are empowered to review any
judgment or order made by it with a view to removing any mistake or error that might
have crept in the judgment or order.
10. Supreme Court as a Court of Record. The Supreme Court is a court of record as its
decisions are of evidentiary value and cannot be questioned in any court.
The Supreme Court is the highest court of justice in India. Part V of the Indian
constitution from Articles 124 to 147 deal with the Composition, Appointment, Qualifications
of the Judges Powers and functions of the Supreme court. The Supreme Court consist of the
Chief justice and 30 other judges. The chief justice and other judges shall continue in office till
they attain 65 years of age.
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