Which Articles deal with the Supreme Court of India?

Articles 124 to 147, in Part V, Chapter IV ('The Union Judiciary').

Article 124 — composition of the Supreme Court?

There shall be a Supreme Court of India consisting of a CHIEF JUSTICE OF INDIA and other judges. Original strength: 8 (CJI + 7). Parliament can increase the number by law.

What is the current sanctioned strength of the Supreme Court?

34 judges (CJI + 33 puisne judges) — per the Supreme Court (Number of Judges) Amendment Act, 2019.

Qualifications for SC judge appointment? (Article 124(3))

Citizen of India, AND ONE of: (a) Has been a JUDGE OF A HIGH COURT for at least 5 years; OR (b) Has been an ADVOCATE of a High Court for at least 10 years; OR (c) Is, in the opinion of the President, a DISTINGUISHED JURIST.

How are SC judges appointed? (Current process)

By the PRESIDENT, in consultation with such judges of the Supreme Court and High Courts as the President may deem necessary. CJI is APPOINTED by the President. Other SC judges are appointed by the President in CONSULTATION with the CJI.

What was the NJAC, and what happened to it?

National Judicial Appointments Commission — created by 99th Amendment + NJAC Act, 2014, to replace the collegium for appointing SC/HC judges. Commission: CJI + 2 senior-most SC judges + Union Law Minister + 2 'eminent persons' (selected by CJI + PM + Leader of Opposition). STRUCK DOWN by SC in Supreme Court Advocates-on-Record Association v. Union of India (2015) — held to violate the BASIC STRUCTURE (independence of judiciary). Citation: (2016) 5 SCC 1.

What is the term of office of SC judges?

Until the age of 65 YEARS. SC judges hold office till the President accepts their resignation OR until they are removed.

What is the procedure for the REMOVAL of a Supreme Court judge?

Article 124(4)–(5): Removal by President's order, after a JUDICIAL ENQUIRY, on grounds of PROVED MISBEHAVIOUR or INCAPACITY. (1) Motion signed by 100 LS members or 50 RS members. (2) Speaker/Chairman accepts the motion and forms a 3-MEMBER committee (one SC judge, one HC chief justice, one distinguished jurist) to investigate. (3) If committee finds judge guilty, motion debated in House. (4) Both Houses must pass resolution by SPECIAL MAJORITY — 2/3rd of present and voting AND a MAJORITY OF TOTAL MEMBERSHIP. (5) Same in OTHER House. (6) Address presented to President; President orders removal.

Salary of SC judges — how determined?

By PARLIAMENT (Article 125). Cannot be DIMINISHED during a judge's term — except during a Financial Emergency (Article 360). Charged on the Consolidated Fund of India.

Acting Chief Justice — Article 126?

When the office of CJI is vacant, OR CJI is unable to perform duties, OR is absent from India — the President can appoint an ACTING CJI from the existing SC judges.

Ad hoc judge of Supreme Court — Article 127?

If at any time there is no quorum of SC judges available to hold or continue any session, the CJI (with PRIOR consent of the President AND the concerned HC's Chief Justice) may request a HIGH COURT JUDGE to attend SC sittings as an AD HOC JUDGE.

Retired judge attending SC — Article 128?

The CJI, with prior consent of the President and the retired judge concerned, may request a RETIRED SC JUDGE (or qualified retired HC judge) to attend SC sittings as a judge for a temporary period.

Article 129 — what does it declare the Supreme Court to be?

A COURT OF RECORD with all the powers of such a court — including the POWER TO PUNISH FOR CONTEMPT of itself.

Where does the Supreme Court sit? (Article 130)

In DELHI, or in such other place(s) as the CJI may, with the approval of the President, appoint.

Article 131 — ORIGINAL JURISDICTION of the Supreme Court.

EXCLUSIVE original jurisdiction over disputes: (a) Between Government of India and one or more States. (b) Between GoI and any State(s) on one side and other State(s) on the other. (c) Between two or more States.

Article 32 — WRIT JURISDICTION of the Supreme Court.

Empowers SC to issue directions, orders, or WRITS — habeas corpus, mandamus, prohibition, certiorari, quo warranto — for the enforcement of FUNDAMENTAL RIGHTS. The right to move SC under Article 32 is itself a Fundamental Right.

Article 132–134A — APPELLATE JURISDICTION of the Supreme Court.

Three categories: (1) CONSTITUTIONAL (Art 132): Appeal from any HC judgment if HC certifies the case involves a substantial question of law of constitutional interpretation. (2) CIVIL (Art 133): Appeal from HC judgment in civil matters if HC certifies substantial question of law of general importance. (3) CRIMINAL (Art 134): (a) HC reverses acquittal and sentences to death/life/10+ years; (b) HC withdraws case from lower court and convicts; (c) HC certifies fit for SC appeal.

Article 136 — Special Leave to Appeal.

DISCRETIONARY power of SC to grant SPECIAL LEAVE TO APPEAL from any judgment, decree, determination, sentence, or order in any cause or matter passed/made by ANY court or tribunal in India — except military tribunals.

Article 137 — REVIEW jurisdiction.

SC has power to REVIEW any judgment pronounced or order made by it, subject to the law made by Parliament and any rules made under Article 145.

What is a 'CURATIVE PETITION'?

A petition filed AFTER review petition is dismissed — to prevent abuse of process and to cure gross miscarriage of justice. Established by SC in Rupa Ashok Hurra v. Ashok Hurra (2002), AIR 2002 SC 1771.

Article 143 — ADVISORY JURISDICTION of the Supreme Court.

PRESIDENT may seek SC's opinion on: (1) Any QUESTION OF LAW OR FACT of public importance that has arisen or is likely to arise. (2) Any dispute arising out of any pre-Constitutional treaty/agreement.

Article 141 — Law declared by Supreme Court.

The law declared by the Supreme Court shall be BINDING on all courts within the territory of India.

Article 142 — Enforcement of decrees and orders.

SC may pass any decree or order necessary for doing 'COMPLETE JUSTICE' in any cause or matter pending before it. Such decrees are enforceable throughout India.

Article 144 — what does it require?

All authorities, civil and judicial, in the territory of India shall act in AID of the Supreme Court.

Article 145 — Rules of Court.

SC may, with approval of the President, make rules for regulating its procedure and the practice of court. Includes: rules regarding bench composition, minimum 5 judges for substantial constitutional questions or for Article 143 references.

Constitution Bench — when is it required?

Article 145(3): A bench of MINIMUM 5 JUDGES is required for: (a) deciding any case involving a SUBSTANTIAL QUESTION OF LAW as to the INTERPRETATION OF THE CONSTITUTION, or (b) for the purpose of hearing any reference under Article 143.

Article 124A — what was it? (and current status)

Article 124A established the National Judicial Appointments Commission (NJAC). Inserted by the 99th Amendment, 2014. STRUCK DOWN by SC in 2015 — effectively rendering the article inoperative.

What is the Collegium System?

A judicially-evolved system for appointment and transfer of judges of the SC and HCs. Composition: CJI + 4 senior-most SC judges (for SC appointments); CJI + 2 senior-most SC judges (for HC appointments). Recommends names to the Government, which can return for reconsideration ONCE; if reiterated, Government MUST appoint.

Three Judges Cases — name and significance.

FIRST JUDGES CASE — S.P. Gupta v. Union of India (1981): Held that 'consultation' with CJI does not mean 'concurrence' — CJI's opinion is not binding. SECOND JUDGES CASE — SC Advocates-on-Record Association v. Union of India (1993): Reversed S.P. Gupta. Held 'consultation' means 'concurrence' — CJI has primacy. Established the COLLEGIUM (CJI + 2 seniormost). THIRD JUDGES CASE — Special Reference 1 of 1998 [under Article 143]: Expanded collegium — CJI + 4 seniormost SC judges (for SC appointments).

Independence of the Judiciary — what guarantees does the Constitution provide?

(1) APPOINTMENT through collegium (collegium era) / non-partisan process. (2) SECURITY OF TENURE — removal only by impeachment (Art 124(4)). (3) FIXED SALARY (Art 125) — charged on Consolidated Fund. (4) SALARY/PRIVILEGES NOT VARIABLE during tenure (except Financial Emergency). (5) CONDUCT OF JUDGES NOT DISCUSSED in Parliament/Legislatures (Art 121, 211). (6) BAR ON PRACTICE post-retirement before any Indian court (Art 124(7)). (7) Power to PUNISH for CONTEMPT (Art 129). (8) SEPARATION FROM EXECUTIVE (Art 50, DPSP).

Article 124(7) — Post-retirement restriction on SC judges.

NO person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority WITHIN INDIA after retirement.

Article 121 — Restriction on discussion in Parliament.

No discussion shall take place in Parliament with respect to the conduct of any Judge of the SC or of a HC in the discharge of his duties — EXCEPT upon a motion for presenting an address to the President for removal of the judge.

What is JUDICIAL REVIEW?

The power of higher courts to determine the constitutional validity of executive orders and legislative enactments. SC and HCs both have judicial review powers.

Doctrine of JUDICIAL ACTIVISM vs JUDICIAL OVERREACH?

JUDICIAL ACTIVISM: Active role of judiciary in protecting rights, expanding jurisprudence (e.g., reading right to privacy into Article 21). Generally accepted. JUDICIAL OVERREACH: Judiciary trespassing into the legislative or executive domain — going beyond its sanctioned role. Criticized.

Public Interest Litigation (PIL) — constitutional basis?

Articles 32 (SC) and 226 (HCs). PIL relaxes the rule of LOCUS STANDI — allows any public-spirited person/NGO to approach the court on behalf of those whose rights are violated but who cannot themselves access the court.

What is the procedure for transfer of SC judges?

SC judges are NOT transferred — they sit at the SC in Delhi. Transfer applies to HC judges (Article 222), where the President, after consultation with CJI, may transfer a judge from one HC to another.

Who is the present CJI's successor decided by? (i.e., the seniority convention)

By CONVENTION, the SENIOR-MOST JUDGE of the Supreme Court succeeds as CJI. Departed from only twice: Justice A.N. Ray (1973) and Justice M.H. Beg (1977) — both during the Indira Gandhi government's 'supersession' of senior judges.

Difference between SC's writ jurisdiction (Art 32) and HC's (Art 226)?

Art 32 (SC): Only for enforcement of FUNDAMENTAL RIGHTS. Geographic scope: ALL India. Cannot be denied (FR itself). Art 226 (HC): For enforcement of FRs AND any other LEGAL RIGHT. Geographic scope: within HC's territorial jurisdiction. Discretionary (not a FR).

Article 138 — Enlargement of SC's jurisdiction.

(1) SC shall have such further jurisdiction as Parliament may confer. (2) SC shall have such further jurisdiction with respect to any matter as the GoI and any State Government may by special agreement confer.

Article 139 — Conferment on SC of powers to issue certain writs.

Parliament may by law confer on SC the power to issue directions, orders, or writs (including those specified in Art 32) for any purpose other than enforcement of FRs.

Article 139A — Transfer of certain cases.

SC may withdraw any case pending before HCs involving the same/substantially the same questions of law and dispose them. SC may also transfer any case from one HC to another HC.

Court fees / Advocates appearing — Article 145.

SC has power to make rules regarding: practice and procedure, persons practising before it, court fees, and any other matter incidental to the court's functioning.

Cite three landmark SC judgments on the Basic Structure Doctrine.

(1) Kesavananda Bharati v. State of Kerala (1973) — established the doctrine. (2) Minerva Mills v. Union of India (1980) — held FR–DPSP balance is basic feature; struck down 42nd Amendment provisions. (3) I.R. Coelho v. State of Tamil Nadu (2007) — laws placed in 9th Schedule after 24 April 1973 are subject to basic structure test.

When was the Supreme Court of India inaugurated?

28 January 1950 — replaced the Federal Court of India (1937–1950) and the Privy Council (London) as the apex court.

First CJI of independent India?

Justice Harilal Jekisundas Kania (26 January 1950 – 6 November 1951).

First woman judge of the Supreme Court?

Justice M. Fathima Beevi — appointed in 1989.

Öffentliches Deck

Supreme Court of India (Articles 124–147)

Composition, appointment, qualifications, tenure, removal, jurisdictions (original, writ, appellate, advisory), independence, and key collegium-related developments for the Supreme Court of India.

Autor: von NeverCram Editorial
Karten: 46 Karten
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Veröffentlicht: Veröffentlicht am 25.04.2026

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Alle Karten (46)

#1
Vorderseite
Which Articles deal with the Supreme Court of India?
Rückseite
Articles 124 to 147, in Part V, Chapter IV ('The Union Judiciary').
#2
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Article 124 — composition of the Supreme Court?
Rückseite
There shall be a Supreme Court of India consisting of a CHIEF JUSTICE OF INDIA and other judges. Original strength: 8 (CJI + 7). Parliament can increase the number by law.
Erklärung
Current sanctioned strength: 34 (CJI + 33), per the Supreme Court (Number of Judges) Amendment Act, 2019. Earlier increases: 11 (1956), 14 (1960), 18 (1978), 26 (1986), 31 (2009).
#3
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What is the current sanctioned strength of the Supreme Court?
Rückseite
34 judges (CJI + 33 puisne judges) — per the Supreme Court (Number of Judges) Amendment Act, 2019.
#4
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Qualifications for SC judge appointment? (Article 124(3))
Rückseite
Citizen of India, AND ONE of: (a) Has been a JUDGE OF A HIGH COURT for at least 5 years; OR (b) Has been an ADVOCATE of a High Court for at least 10 years; OR (c) Is, in the opinion of the President, a DISTINGUISHED JURIST.
Erklärung
No 'distinguished jurist' has been appointed to date — provision (c) has remained unused.
#5
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How are SC judges appointed? (Current process)
Rückseite
By the PRESIDENT, in consultation with such judges of the Supreme Court and High Courts as the President may deem necessary. CJI is APPOINTED by the President. Other SC judges are appointed by the President in CONSULTATION with the CJI.
Erklärung
In practice, the COLLEGIUM SYSTEM (since the Second Judges Case, 1993) recommends appointments — CJI + 4 senior-most SC judges. The Constitutional text says 'consultation' but Supreme Court has held this means 'concurrence' for SC appointments.
#6
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What was the NJAC, and what happened to it?
Rückseite
National Judicial Appointments Commission — created by 99th Amendment + NJAC Act, 2014, to replace the collegium for appointing SC/HC judges. Commission: CJI + 2 senior-most SC judges + Union Law Minister + 2 'eminent persons' (selected by CJI + PM + Leader of Opposition). STRUCK DOWN by SC in Supreme Court Advocates-on-Record Association v. Union of India (2015) — held to violate the BASIC STRUCTURE (independence of judiciary). Citation: (2016) 5 SCC 1.
Erklärung
Restored the Collegium System. The 2015 verdict was 4:1 (Justice Chelameswar dissenting).
#7
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What is the term of office of SC judges?
Rückseite
Until the age of 65 YEARS. SC judges hold office till the President accepts their resignation OR until they are removed.
Erklärung
Compare HC judges: until 62 years.
#8
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What is the procedure for the REMOVAL of a Supreme Court judge?
Rückseite
Article 124(4)–(5): Removal by President's order, after a JUDICIAL ENQUIRY, on grounds of PROVED MISBEHAVIOUR or INCAPACITY. (1) Motion signed by 100 LS members or 50 RS members. (2) Speaker/Chairman accepts the motion and forms a 3-MEMBER committee (one SC judge, one HC chief justice, one distinguished jurist) to investigate. (3) If committee finds judge guilty, motion debated in House. (4) Both Houses must pass resolution by SPECIAL MAJORITY — 2/3rd of present and voting AND a MAJORITY OF TOTAL MEMBERSHIP. (5) Same in OTHER House. (6) Address presented to President; President orders removal.
Erklärung
Procedure governed by Judges (Inquiry) Act, 1968. NO SC judge has been removed via this process. Justice V. Ramaswami (1993) — motion failed in LS as Congress abstained. Justice Soumitra Sen (2011) — RS passed motion; resigned before LS could.
#9
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Salary of SC judges — how determined?
Rückseite
By PARLIAMENT (Article 125). Cannot be DIMINISHED during a judge's term — except during a Financial Emergency (Article 360). Charged on the Consolidated Fund of India.
Erklärung
Current (per Supreme Court Judges Salaries and Conditions of Service (Amendment) Act, 2018): CJI ₹2,80,000/month; SC judge ₹2,50,000/month.
#10
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Acting Chief Justice — Article 126?
Rückseite
When the office of CJI is vacant, OR CJI is unable to perform duties, OR is absent from India — the President can appoint an ACTING CJI from the existing SC judges.
#11
Vorderseite
Ad hoc judge of Supreme Court — Article 127?
Rückseite
If at any time there is no quorum of SC judges available to hold or continue any session, the CJI (with PRIOR consent of the President AND the concerned HC's Chief Justice) may request a HIGH COURT JUDGE to attend SC sittings as an AD HOC JUDGE.
#12
Vorderseite
Retired judge attending SC — Article 128?
Rückseite
The CJI, with prior consent of the President and the retired judge concerned, may request a RETIRED SC JUDGE (or qualified retired HC judge) to attend SC sittings as a judge for a temporary period.
Erklärung
Has been used to address case pendency. Retired judges receive specified allowances and have full powers of a SC judge during such tenure.
#13
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Article 129 — what does it declare the Supreme Court to be?
Rückseite
A COURT OF RECORD with all the powers of such a court — including the POWER TO PUNISH FOR CONTEMPT of itself.
Erklärung
Court of Record means: (a) records are admitted as evidentiary value, not questionable, (b) it has power to punish for contempt. Source: Article 129. Contempt of Courts Act, 1971 governs the procedure.
#14
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Where does the Supreme Court sit? (Article 130)
Rückseite
In DELHI, or in such other place(s) as the CJI may, with the approval of the President, appoint.
Erklärung
Despite this, only Delhi has been used for SC sittings since inception.
#15
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Article 131 — ORIGINAL JURISDICTION of the Supreme Court.
Rückseite
EXCLUSIVE original jurisdiction over disputes: (a) Between Government of India and one or more States. (b) Between GoI and any State(s) on one side and other State(s) on the other. (c) Between two or more States.
Erklärung
Disputes must involve a question of law/fact on which a LEGAL RIGHT depends. Excludes: disputes from pre-Constitution treaties, agreements, sanads. Article 262 excludes inter-state water disputes.
#16
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Article 32 — WRIT JURISDICTION of the Supreme Court.
Rückseite
Empowers SC to issue directions, orders, or WRITS — habeas corpus, mandamus, prohibition, certiorari, quo warranto — for the enforcement of FUNDAMENTAL RIGHTS. The right to move SC under Article 32 is itself a Fundamental Right.
Erklärung
SC's writ jurisdiction is concurrent with HC's writ jurisdiction (Article 226). HC's is wider as it covers FRs AND any other legal right.
#17
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Article 132–134A — APPELLATE JURISDICTION of the Supreme Court.
Rückseite
Three categories: (1) CONSTITUTIONAL (Art 132): Appeal from any HC judgment if HC certifies the case involves a substantial question of law of constitutional interpretation. (2) CIVIL (Art 133): Appeal from HC judgment in civil matters if HC certifies substantial question of law of general importance. (3) CRIMINAL (Art 134): (a) HC reverses acquittal and sentences to death/life/10+ years; (b) HC withdraws case from lower court and convicts; (c) HC certifies fit for SC appeal.
Erklärung
Article 134A (added by 44th Amendment): HC can issue certificate either suo motu or on oral application immediately after delivering judgment.
#18
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Article 136 — Special Leave to Appeal.
Rückseite
DISCRETIONARY power of SC to grant SPECIAL LEAVE TO APPEAL from any judgment, decree, determination, sentence, or order in any cause or matter passed/made by ANY court or tribunal in India — except military tribunals.
Erklärung
The widest discretionary jurisdiction of SC. Used sparingly — SC has called it an 'extraordinary' jurisdiction. Pritam Singh v. State (1950) and Kunhayammed v. State of Kerala (2000) clarify the contours.
#19
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Article 137 — REVIEW jurisdiction.
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SC has power to REVIEW any judgment pronounced or order made by it, subject to the law made by Parliament and any rules made under Article 145.
Erklärung
Review petitions are usually decided in chambers by circulation. Grounds: (a) discovery of new and important matter, (b) error apparent on face of record, (c) any other sufficient reason.
#20
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What is a 'CURATIVE PETITION'?
Rückseite
A petition filed AFTER review petition is dismissed — to prevent abuse of process and to cure gross miscarriage of justice. Established by SC in Rupa Ashok Hurra v. Ashok Hurra (2002), AIR 2002 SC 1771.
Erklärung
Heard usually by 3 senior-most judges + judges who passed the original order, in chambers. Considered a 'last resort' after review.
#21
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Article 143 — ADVISORY JURISDICTION of the Supreme Court.
Rückseite
PRESIDENT may seek SC's opinion on: (1) Any QUESTION OF LAW OR FACT of public importance that has arisen or is likely to arise. (2) Any dispute arising out of any pre-Constitutional treaty/agreement.
Erklärung
SC's opinion is NOT binding on the President. Notable references: Berubari Union (1960), Kerala Education Bill (1958), Keshav Singh case (1965), Special Reference No. 1 of 1998 (Third Judges case), 2G Spectrum Reference (2012). SC may DECLINE to answer (e.g., Ayodhya Reference, 1993).
#22
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Article 141 — Law declared by Supreme Court.
Rückseite
The law declared by the Supreme Court shall be BINDING on all courts within the territory of India.
Erklärung
Establishes the doctrine of STARE DECISIS / Judicial Precedent. SC's decision binds itself in subsequent matters but SC may overrule its own earlier decisions (typically by larger benches).
#23
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Article 142 — Enforcement of decrees and orders.
Rückseite
SC may pass any decree or order necessary for doing 'COMPLETE JUSTICE' in any cause or matter pending before it. Such decrees are enforceable throughout India.
Erklärung
Used in cases like Babri Masjid–Ram Janmabhoomi (Ayodhya) judgment (2019), Vishaka Guidelines (1997), Bhopal Gas tragedy. Power has been criticized for judicial overreach.
#24
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Article 144 — what does it require?
Rückseite
All authorities, civil and judicial, in the territory of India shall act in AID of the Supreme Court.
Erklärung
Mandates compliance with SC orders by all government authorities.
#25
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Article 145 — Rules of Court.
Rückseite
SC may, with approval of the President, make rules for regulating its procedure and the practice of court. Includes: rules regarding bench composition, minimum 5 judges for substantial constitutional questions or for Article 143 references.
#26
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Constitution Bench — when is it required?
Rückseite
Article 145(3): A bench of MINIMUM 5 JUDGES is required for: (a) deciding any case involving a SUBSTANTIAL QUESTION OF LAW as to the INTERPRETATION OF THE CONSTITUTION, or (b) for the purpose of hearing any reference under Article 143.
Erklärung
Larger benches (7, 9, 11, 13 judges) are constituted by the CJI to overrule precedents or for highly significant matters.
#27
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Article 124A — what was it? (and current status)
Rückseite
Article 124A established the National Judicial Appointments Commission (NJAC). Inserted by the 99th Amendment, 2014. STRUCK DOWN by SC in 2015 — effectively rendering the article inoperative.
#28
Vorderseite
What is the Collegium System?
Rückseite
A judicially-evolved system for appointment and transfer of judges of the SC and HCs. Composition: CJI + 4 senior-most SC judges (for SC appointments); CJI + 2 senior-most SC judges (for HC appointments). Recommends names to the Government, which can return for reconsideration ONCE; if reiterated, Government MUST appoint.
Erklärung
Evolved through three cases: First Judges Case (S.P. Gupta, 1981), Second Judges Case (1993), Third Judges Case (1998). Currently in force after NJAC was struck down in 2015.
#29
Vorderseite
Three Judges Cases — name and significance.
Rückseite
FIRST JUDGES CASE — S.P. Gupta v. Union of India (1981): Held that 'consultation' with CJI does not mean 'concurrence' — CJI's opinion is not binding. SECOND JUDGES CASE — SC Advocates-on-Record Association v. Union of India (1993): Reversed S.P. Gupta. Held 'consultation' means 'concurrence' — CJI has primacy. Established the COLLEGIUM (CJI + 2 seniormost). THIRD JUDGES CASE — Special Reference 1 of 1998 [under Article 143]: Expanded collegium — CJI + 4 seniormost SC judges (for SC appointments).
#30
Vorderseite
Independence of the Judiciary — what guarantees does the Constitution provide?
Rückseite
(1) APPOINTMENT through collegium (collegium era) / non-partisan process. (2) SECURITY OF TENURE — removal only by impeachment (Art 124(4)). (3) FIXED SALARY (Art 125) — charged on Consolidated Fund. (4) SALARY/PRIVILEGES NOT VARIABLE during tenure (except Financial Emergency). (5) CONDUCT OF JUDGES NOT DISCUSSED in Parliament/Legislatures (Art 121, 211). (6) BAR ON PRACTICE post-retirement before any Indian court (Art 124(7)). (7) Power to PUNISH for CONTEMPT (Art 129). (8) SEPARATION FROM EXECUTIVE (Art 50, DPSP).
#31
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Article 124(7) — Post-retirement restriction on SC judges.
Rückseite
NO person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority WITHIN INDIA after retirement.
Erklärung
Designed to safeguard judicial independence and prevent perceived conflicts of interest. Note: SC judges CAN take up other roles (governor, ambassadorial, tribunal heads, commissions) — this restriction is only on legal practice within India.
#32
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Article 121 — Restriction on discussion in Parliament.
Rückseite
No discussion shall take place in Parliament with respect to the conduct of any Judge of the SC or of a HC in the discharge of his duties — EXCEPT upon a motion for presenting an address to the President for removal of the judge.
Erklärung
Article 211 imposes the same restriction on State Legislatures.
#33
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What is JUDICIAL REVIEW?
Rückseite
The power of higher courts to determine the constitutional validity of executive orders and legislative enactments. SC and HCs both have judicial review powers.
Erklärung
Sources in the Constitution: Articles 13, 32, 131–136, 143, 226, 246, 251, 254, 372. Held to be a basic feature in Kesavananda Bharati (1973) and Minerva Mills (1980).
#34
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Doctrine of JUDICIAL ACTIVISM vs JUDICIAL OVERREACH?
Rückseite
JUDICIAL ACTIVISM: Active role of judiciary in protecting rights, expanding jurisprudence (e.g., reading right to privacy into Article 21). Generally accepted. JUDICIAL OVERREACH: Judiciary trespassing into the legislative or executive domain — going beyond its sanctioned role. Criticized.
Erklärung
Examples cited as 'overreach': directions on traffic management, sale of liquor on highways, allotment of funds. Examples cited as 'activism': Maneka Gandhi, Vishaka Guidelines.
#35
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Public Interest Litigation (PIL) — constitutional basis?
Rückseite
Articles 32 (SC) and 226 (HCs). PIL relaxes the rule of LOCUS STANDI — allows any public-spirited person/NGO to approach the court on behalf of those whose rights are violated but who cannot themselves access the court.
Erklärung
Pioneered by Justice P.N. Bhagwati and Justice V.R. Krishna Iyer. Hussainara Khatoon v. State of Bihar (1979) is widely cited as the first PIL.
#36
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What is the procedure for transfer of SC judges?
Rückseite
SC judges are NOT transferred — they sit at the SC in Delhi. Transfer applies to HC judges (Article 222), where the President, after consultation with CJI, may transfer a judge from one HC to another.
#37
Vorderseite
Who is the present CJI's successor decided by? (i.e., the seniority convention)
Rückseite
By CONVENTION, the SENIOR-MOST JUDGE of the Supreme Court succeeds as CJI. Departed from only twice: Justice A.N. Ray (1973) and Justice M.H. Beg (1977) — both during the Indira Gandhi government's 'supersession' of senior judges.
#38
Vorderseite
Difference between SC's writ jurisdiction (Art 32) and HC's (Art 226)?
Rückseite
Art 32 (SC): Only for enforcement of FUNDAMENTAL RIGHTS. Geographic scope: ALL India. Cannot be denied (FR itself). Art 226 (HC): For enforcement of FRs AND any other LEGAL RIGHT. Geographic scope: within HC's territorial jurisdiction. Discretionary (not a FR).
Erklärung
HC's writ jurisdiction is wider in scope; SC's is more fundamental.
#39
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Article 138 — Enlargement of SC's jurisdiction.
Rückseite
(1) SC shall have such further jurisdiction as Parliament may confer. (2) SC shall have such further jurisdiction with respect to any matter as the GoI and any State Government may by special agreement confer.
Erklärung
Source of expansion of SC's powers beyond original constitutional grant.
#40
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Article 139 — Conferment on SC of powers to issue certain writs.
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Parliament may by law confer on SC the power to issue directions, orders, or writs (including those specified in Art 32) for any purpose other than enforcement of FRs.
Erklärung
Currently, beyond Article 32 (FRs), SC's general writ jurisdiction is via Article 142 ('complete justice') and Article 32(2A) [empowering Parliament — not yet activated].
#41
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Article 139A — Transfer of certain cases.
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SC may withdraw any case pending before HCs involving the same/substantially the same questions of law and dispose them. SC may also transfer any case from one HC to another HC.
Erklärung
Inserted by the 42nd Amendment, 1976.
#42
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Court fees / Advocates appearing — Article 145.
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SC has power to make rules regarding: practice and procedure, persons practising before it, court fees, and any other matter incidental to the court's functioning.
#43
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Cite three landmark SC judgments on the Basic Structure Doctrine.
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(1) Kesavananda Bharati v. State of Kerala (1973) — established the doctrine. (2) Minerva Mills v. Union of India (1980) — held FR–DPSP balance is basic feature; struck down 42nd Amendment provisions. (3) I.R. Coelho v. State of Tamil Nadu (2007) — laws placed in 9th Schedule after 24 April 1973 are subject to basic structure test.
#44
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When was the Supreme Court of India inaugurated?
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28 January 1950 — replaced the Federal Court of India (1937–1950) and the Privy Council (London) as the apex court.
Erklärung
Supreme Court Rules, 1950 (now Supreme Court Rules, 2013).
#45
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First CJI of independent India?
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Justice Harilal Jekisundas Kania (26 January 1950 – 6 November 1951).
#46
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First woman judge of the Supreme Court?
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Justice M. Fathima Beevi — appointed in 1989.