In this article you will learn about The Supreme Court of India in Political Science.
The Supreme Court of India
The Supreme Court of India is the highest judicial body in the country, established under the Constitution of India in 1950. It serves as the final court of appeal and has the power of judicial review, which means it can review and strike down any law or government action that is inconsistent with the Constitution of India.
The Supreme Court is located in New Delhi and is composed of a Chief Justice and 33 judges. The judges are appointed by the President of India on the advice of the Prime Minister and other senior judges of the court. The term of office for the judges is until they reach the age of 65 years.
The jurisdiction of the Supreme Court extends to both civil and criminal cases, and it can hear appeals from all the courts in India, including the High Courts and other subordinate courts. The Supreme Court also has original jurisdiction in some cases, which means it can hear cases directly without them first being heard by lower courts.
The Supreme Court has the power to issue writs, which are orders that direct government officials to act or refrain from acting in a certain way. It can also issue directions, orders, and guidelines to any person or authority throughout the country.
Organisation Structure
1. Composition of the Supreme Court : At the time of the inauguration of the Constitution, the Supreme Court consisted of one Chief Justice and seven other Judges. In 1956, the number of Judges was raised to 10, in 1960 to 13; in 1977 to 17 and in 1986 to 25. Presently, the Supreme Court consists of a Chief Justice and 13 other Judges. However, in July 2019, it was decided to increase the number of judges of the Supreme Court by adding 3 more Judges. Consequently, the strength of Judges of the Supreme Court is going to be 34 i.e. a Chief Justice of India and 33 other Judges of the Supreme Court.
2. Provisions for the Appointment of Ad-hoc Judges : Article 127 (1) of the Constitution provides for the appointment of ad-hoc judges if at any time the number of judges available is not sufficient for the quorum to hold or continue any session of the Court. In such a case, the Chief Justice of India, with the prior consent of the President and after consultations with the Chief Justice of the concerned High Court, may seek in writing the attendance of a High Court Judge as an ad-hoc judge in a session of the supreme court for a limited period. An ad-hoc judge is to have all the qualifications that are necessary for becoming a judge of the Supreme Court.
3. Method of Appointment of Judges : Till today the judges of the Supreme Court are appointed by the President after consultations with some sitting judges of the supreme court and the high courts. This system is called appointment of the judges by the President on the advice of the Collegium, or simply by the Collegium System.
4. Qualifications for the Judges : The Constitution under its Article 124 (3) lays down the given following qualifications for a judge of the Supreme Court :
- He/she is a citizen of India;
- He/she has been for at least five years a judge of a High Court or of two or more such Courts in succession; or
- He/she has been an advocate of a High Court for at least 10 years; or
- He/she is in the opinion of the President a distinguished jurist.
This article on The Supreme Court of India in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.