The Judiciary & The Supreme Court
The Supreme Court
Under our Constitution, the judiciary is a single integrated system of courts for the Union and the states with the Supreme Court at the apex. By the single integrated system we mean:
- The Supreme Court is the head of the entire system and not only supervises but also exercises control over the functioning of other courts.
- There are no separate sets of laws and a single civil and criminal system operates throughout the country.
- All cases coming from the Lower Courts can be taken to the High Court and ultimately to the Supreme Court, by way of appeal.
Below the Supreme Court stand the High Courts of different States and under each High Court, there is a hierarchy of other subordinate courts.
Need For A Single Integrated Judiciary
India has opted for a single integrated judicial setup unlike the double judicial setup in the USA. This is because of the following reasons:
(i) In a representative democracy, the administration of justice assumes special significance in view of the rights of individuals, which need protection against the executive or legislative interference. This protection is given by making the judiciary independent of the other two organs of the government.
(ii) An independent and supreme judiciary is an essential requirement of federal governance. In a federal setup, there is a constitutional division of powers between the executive, legislature, and judiciary. The Supreme Court not only safeguards the distribution of these powers but also prevents any action that violates the limitations imposed by the Constitution.
(iii) An independent and impartial judiciary is an essential requisite for ensuring human rights and protecting democracy.
The Supreme Court
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| Single Integrated Judiciary |
Composition: The Supreme Court of India consists of a Chief Justice of India and not more than 33 other judges, until Parliament by law prescribes a larger number of judges. The Supreme Court (Number of Judges) Amendment Act, 2019, which received the assent of the President of India on August 9, 2019 increased the number of judges of the Supreme Court (excluding the Chief Justice of India) from 30 to 33.
Qualification For Appointment As Judge Of Supreme Court:
A person is not qualified for appointment as Judge of the Supreme Court unless he a citizen of India, and
(i) has been for at least five years a Judge o a High Court or of two or more such courts in succession; or
(ii) has been for at least ten years an advocate of a High Court or of two or more such courts in succession; or
(iii) is, in the opinion of the President, a distinguished jurist.
Appointment: Every Judge of the Supreme Court is appointed by the President of India in consultation with the Judges of the Supreme Court and of High Courts, besides the Council of Ministers. In case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall be consulted. Consultation would generally mean concurrence. In the case of the Chief Justice, usually, the senior judge of the Supreme Court is appointed.
When the Chief Justice is unable to perform the duties of his office, by reason of absence or otherwise, the President may appoint another Judge of the Supreme Court as the acting Chief Justice.
Appointment of Ad Hoc Judge: The Chief Justice may appoint a Judge of a High Court as an ad hoc Judge of the Supreme Court for a period as may be necessary. Such appointments are made with the consent of the President and after consultation with the Chief Justice of the High Court concerned.
The Chief Justice may at any time, with the previous consent of the President request the attendance of retired Judges of the Supreme Court or High Courts to act as Judge of the Supreme Court.
Term of Office: A Judge of the Supreme Court shall hold office until he attains the age of 65 years. A Judge may resign his office, by submitting his resignation letter to the President.
A Judge of the Supreme Court cannot be removed from office except by an order of the President on the ground of proven misbehavior or incapacity. Such an order is passed after an address by each House of Parliament supported. by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of the House present and voting for such removal. This procedure is known as impeachment.
In May 1993, a motion to impeach a Judge of the Supreme Court (Justice V. Ramaswami) failed to get the support of majority of the total membership of the House (Lok Sabha). That was the first-ever move in the history of India to impeach a Judge of the Supreme Court.
The seat of Supreme Court: The Supreme Court shall sit in Delhi or in any other place as the Chief Justice may decide with the approval of the President.
The Judiciary & The Supreme Court At A Glance
The Judiciary
- India has a single integrated system of courts with the Supreme Court at the top.
The Supreme Court
- Composition: The Supreme Court consists of a Chief Justice and 33 other judges. They are appointed by the President in consultation with the Judges of the Supreme Court and of High Courts besides the Cabinet.
- Term: The judges of the Supreme Court can hold office till the age of 65 years. A judge can be removed from office by the President by the process of impeachment on the grounds of proven misbehavior or incapacity if a resolution to this effect is passed by a special majority in each House of the Parliament by a joint address by both houses of parliament by a two-thirds majority of members present and voting.
- Qualifications of Judges: To be appointed as the judge of the Supreme Court a person must be (i) a citizen of India; (ii) either a distinguished jurist or a High Court Judge for at least five years or an advocate of the High Court for at least 10 years in succession.
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