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ALLOK pues pod, © wietatcon Pay ( Primeiptess ALotnnnl Tratro) , 1 factoreed probe to ptrttenl ringoreas Wreck ey © Ausuls iy volta berse Scanned with CamScanner| \AIIR AM & RAV SUPREME COURT The Supreme Court is a multi-jurisdictional court and the diversity ofits jurisdiction defines its powers. 2 in: Under article 32, the Supreme Court has power to issue writs or orders in the nature of habeas corpus, mandamus, Prohibition, certiorari and quo-warranto to enforce Fundamental his. 2. Original suits: Under article 131, the Supreme Court has original and exclusive jurisdiction to adjudicate the disputes between, 8) Union of India on one side and | or more states on the other side. 1b). Union of India and state/states on one side and one or more states on the other s ) Between 2 or more states. Exceptions ‘© Pre-Constitutional agreements or treaties. ‘© Inter-state river water dispute as provided under article 262 read with section I | of the River Water Dispute Act, 1956, ‘© Matters referred to the Finance Commission (Article 280). «Expenditure adjustment between Centre and State Governments, 3. Transfer jurisdiction: «Under article 139(A) (1), the Supreme Court has power.to transfer one or more cases pending before one or more High Courts to itselfif it contains a substantial question of law of general importance, so that Supreme Court can conclusively declare the Law of the Land and thereafter can either dispose those cases by itself or can remand those cases to the concerned High Coutts for disposal in the light of the law declared by the Supreme Court. © Under Article 139(A) (2), the Supreme Court has power to transfer a case from one High Court to another in the interest of justice. 4, Election jurisdiction: Under Article 72, the Supreme Court has exclusive power to adjudicate disputes arising from election of the President and the Vice-President, ijpage Scanned with CamScanner1. Appeal provided under the Constitution: Under atile 132, an appeal wil lie before the Supreme Court against a jinigment final order passed by High Court ina civil, eriminal or any other cease, provided the High Court certifies thatthe ease contains & substantial “question of law as tothe interpretation of the Constitution which needs t0 be decided by the Supreme Cour appeal will lie before the Supreme Court against @ judgment final order passed by a High Court in eivil case provided the High Court certifies thatthe ease contains a substantial question of law of general importance which needs to be decided by the Supreme Court, © Under article 134, an appeal will lie before the Supreme Court against @ judgment final order passed by High Court in a criminal case provided the High Court certifies that the case is fit to be appealed before the Supreme Court. © Under article 133 2. Appeal by Special Leave: Under article 136, the Supreme Court has power to entertain appeal in its discretion against a judgment/order passed by any court/ tribunal in the territory of India except those constituted a law relating the armed forces. 3. Statutory Appeal: Ifthe Parliament by law provides for appeal to the Supreme Court, it becomes a statutory appeal. E.g.: Section 22 of National Green Tribunal Act, 2010 Section 23 of Consumer Protection Act, 1986 Section 30 of Armed Forces Tribunal Act, 2007 A RY JURISDICTION: Under article 143, the President has the power to seek the advice of the Supreme Court on a question of law or Fact of public importance which has arisen or is likely to arise. The court after conducting such hearing as it may think fit, may advise the President. It is neither mandatory for cour to advise, nor itis obligatory on the President to abide. However, if the opinion sought is on a pre-Constitutional agreement or treaty, the court shall tender its advice. Every reference under article 143 shall be heard by a bench comprising of not less than 5 judges as mentioned 21Page Scanned with CamScannerES VAJIRAM & RAVI ee REVIEW URISDICTION: Under article 137, the § Accordance with rules | Were formulated under citeulated in the chants AS far as pra Upreme Court has power to review laid down under article 14s, its own judgments and orders in cle 145, Under th preme Court Rules 2013, which Meee on Pelton shall be filed within 30 days and shall he ho decided the ease, as they constitutes review bench, shall be no oral arguments. In 2014, the Supreme Court had held that ah sentence shall be heard in apen coun by a bench comprising not less ers of the judges w iticable, there review petition on de. than 5 judges, 1g (0 allegation of bias, ¢ rape The petition shall be circulated in the chambers 0f3 senior most judges, along with the Judges who originally decided the caso, 'F they are in service. As far a5 practicable, Shien hearing or orl arguments, The Supreme Cou n Yakub Menon vis State of Maharashtra, 2015 clarified that the curative bench comprising of 3 seni in one ‘an be the grounds to prefer curative there is no 3| Page Scanned with CamScanner CFee VAUIRAM & ADV ORGANISATION OF SUPREME COURT ce of India and 7 Acorn 18 10 article 124 (1), the Suprenie Court is comprised of Chiet Accoding (1). the Supreme Cont is comprise of Chit J Sane des However, Patient by ta ny ineTease the numer of judges As per the ipreme Court (Number of judges) Amendment Act, 2008, the court is comprised of Chiel ice of India and not more than 30 judges. : APPOINTMENT OF JUDGES the President appoints Chief Justice of India after consulting as many spointing a judge other than Under article 124 2 Supreme Court and Ligh Court judges as he may think fit. Whil Chiet Justice of India, he shall consult Chief Justice of India, Court after consulting Chief Under article 217 (1). the President appoints Chief Justice of Mh Justice of india and the Govemorof the state, White appointing a judge other than Chief Justice of High Court, he shall consult Chief Justice of High Cour. Court judge in consultation with Under article 222 (1), the President has power to transfer a Hil the Chief Justice of Indi The meaning of the term *Consultation’ has been debated resulting in the following judicial pronouncements which are also known as Judges Cases. he Firs rs Case/ S.P. Gupta v/s Union of India, 1982: A seven Judges Constitution bench ruled that the President is not bound by the opinion expressed by the Chief Justice of India as the Constitution required him to only consult the Chief Justice and consultation does not mean concurrence. However, consultation can be full and effective requiring the President to furnish ‘all the material details under consideration so as to enable the Chief Justice to form an informed opinion, However, the President is not bound by the same. It was also ruled that a judge ean be transferred against his will, Es Judges Case (Supreme Court Advocates ae A nine judges bench of Supr on-record Association v/s Union of India, ne Court over ruled its previous decision and pronounced that the pinion ofthe Chief Justice i nally binding on the Preside. However, the opinion ofthe Chief Justice of India shall not be his personal opinion instead the opinion of judiciary h2 senior most judges of the Supreme Court, who shall constitute 1e opinion of the Chief Justice of lndia sha 1d an opinion back to collegium for reconsideration with Chief Justice shall initiate consultation afresh and afterwards ‘the President is bound! by it formulated in consultation \ the Collegium. Within the colfegium, th nt has power to Sen primacy. The Preside ‘cogent reasons recorded and the he reiterates the recommendations. _he reiterates the re a[Page Scanned with CamScannerss \AJIRAM ¢ RAV ive process to PPointment of Judges, it was held, isan integrated participatory consul the best and the most suitable person for appointment as judges. In this exercise, both exec ind judiciary have a complementary role wo play, It was also ruled that as far as possible, a iding criterion while appointing the Chief Justice of India. In response o a Presidential reference under article 143, a 9 Judges bench was constituted to clarify the 1993 decision and they pronounced the law in following terms, * The Chief Justice of India shall consult 4 senior most judges instead of 2 while appointing the Supreme Court judges and transferring High Court judges. While appointing High Court judges, the Chief Justice of India should consult only 2 senior ‘most judges + If,at any point of time, itis known that none of the judges in the collegium is likely to succeed the Chief Justice of India, then the judge who is likely to succeed the Chief Justice under the seniority principle shall also be included in the collegium. ‘+ Though the opinion of the Chief Justice of India shall continue to have primacy, if or ‘more judges of collegium oppose a proposal, the Chief Justice shall recommend the same, However no opinion unsupported by the Chief Justice shall be recommended on behalf of Collegium. ‘+ While making an appointment in relation to a High Court, Chief Justice of India shall also consult the senior most Supreme Court Judges who are conversant with the affairs of the High Court on account of them having served the High Court in the past (These judges are often known as consultee judges) ‘+ While transferring High Court judges, the Chief Justice of India shall consult the Chief Justice of High Court which are parties to the transfer and these Chief Justices shall formulate their opinion in consultation with 2 senior most judges of their courts so that the opinion tendered to the Chief Justice of India shall be the opinion of the concemed high court. ‘+ Ifthe procedure stipulated is not followed, then the President is not bound by such a recommendation ‘© Judicial Review also is available in case of non-compliance of procedure. 4K,_Ihe Constitution (99 Amendment) Act, 2014 _} file 1242), antele 217 (1) and ate 222 (1) were amend to replace the word ‘consultation’ with ‘{on the recommendation of NJAC referred to in article 124(A)). <2-Frnticle 124 A was inserted in the Constitution, Under article 124 (A) (1), there shall be National Judicial Appointments Commission consisting of nmission consisting of, ‘© The Chief Justice of India as the ex-officio chairperson, #2 senior most julges next to th Las members ex- officio, 2|Page Scanned with CamScanner oaksGE VAJIRAM & RAV 27 Union minister for I law and justice as ex-a z justice as ex-of ae cio member. 2 eminent perso han smtp sons nominated by a committee comprising of Prime Minister, of opposition and the Chief Justice of India, for a renewable term of 3 ment 3. Article 124 B wa aoe i B was added by which the duty of the commission was prescribed which Reliaded the powet to recommend names for appointment of Chie uses ard Supreme Court and High Court, as well as to recommend the transfer of high court of, 4. Article 124 C was Article 124 C was added by which the Parliament was given the power to regulate the proceedings of NIAC by enacting law. Article 127, article 128, article 224 and article 224 (A) were amended to enable NJAC to recommend the appointment of ad-hoc judges in the Supreme Court, attendance of retired judges in the Supreme Court, appointment of additional and backing judges of high court and attendance of retired judges in high court respectively. 6. NJAC Act was also simultaneously passed under article 124 (C). Fourth Judges Case/ Supreme Court Advocates on record Association v/s Union of India, 2015: The court ruled that any change made to Article 124 (2), article 217 (1) and article 222 (1) shall comply with the Law of Primacy of the opinion of the judiciary as pronounced in 1993 it is integral to the independence of judiciary which is a part of basic structure. formed the constituent of all changes made under the Constitutional (99"" (014, If Article 224 (A) is rendered unconstitutional, the entire amendment act because Article 124 (A) amendment) Act, would have been unconstitutional. stitutional as they provided for the judicial component of NIAC ion. Hence, it is violative of Law of Article 124 (A)(a)(b) are uncon: Which is comprised of 3 members out of 6 members commisst Primacy of opinion of judiciary. ‘Amticle 124 (A) (J) (c) is unconstitutional as itp Union of India which happens to be the largest i unconstitutional. alas the term eminent persons is vague, leaving open the Article 124 (A) G). (d) is unconstitution: ! h possibility of persons having no.eminence in law? judicial affairs geting pointed as members OFNIAC and hence unconstitutional rovided for union law minister who represents itigant. Allowing litigant to hand pick judges 3|Page Scanned with CamScanner° \ “Reveal of Tndges” Motto V/s Afhe= SED v CPotatasclre| ppatiton. se 32), Fe judges — st foots t ( Coordinate core) Aref -2170b)- a + Art =128l) 1 A frdge of $€ Mira mot bt MeervOveck encepe by om oncloe yf premtlent only on tee pam of Prroreo/ teistulnantoan or. 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L, Referee Toate [Ben Alattonah — Litgpatton Policy « —— Scanned with CamScannerMotion vis Add nena: Netter el iif CRN aT Dbonk™ 2% Removal of Judges « ora te 1, A Judge of the Supreme Court shall not be removed from his office exeept majong orem passe afer an address by each House of Parliament supported by a the member otal membership of that House and by a majority of not less than two thirds of esse Ot that House present and voting has been presented to the President in the same “SSsion for sueh removal on the ground of proved misbehaviour a incapacity Under Article 124(8), Parliament may by las regulate the procedure for the presentation of an Adress and for the investigation and proof of the misbchaviour or incapacity ofa Judge under clause (4) “HC Under Anicle217(1 110 3a Judge mayb esmoved om his office bye President in he manner Provide in lause(4)of Amick [24 forthe removal ofa Judge othe Soprone Cour Parliament had passed The Judges (Inquiry) Actin accordance with Article 124(5 ). —» vou Ute wean. - ac The Judges (Inquiry) Act, 1968 0°U (haw aa A Fs on An Act to regulate the procedure for the investigation and proof of the misbehaviour or Incapacity of a judge of the Supreme Court or of a High Court and for the presentation of an address by Parliament to the President and for matter-, connected therewith, Ifnotice is given of a motion for presenting an address to the President praying for the removal ore Judge signed.- (a) in the case of a notice given in the House of the People, by not less than ) we hundred members af that House; (b) in the ease of a notice given in the Council of States, By fi residing officer, after consulting such \e thinks fit and after such materials, if any, as may be available to him, either admit the motion or refuse to admit the same. the motion is admitted, the presiding officer shall keep the motion pending and constitute, as soon as may be, for the purpose of making an investigation into the grounds on which the removal of a Judge is prayed for, a Committee consisting of three members of whom: (a) one shall be chosen from among the Chief Justice and other Judges of the Supreme Court ; (b) one shall be chosen from among the Chief Justices of the High Courts; and (c) one shall be a person ‘who is in the opinion of the Speaker or as the case may be, the Chairman, a distinguished juris. Provided that where notices of a motion are given on the same day in both Houses of Parliament, no Committee shall be constituted unless the motion has been admitted in both Houses and where such motion has been admitted in both Houses, the Committee shall be constituted jointly by the Speaker and the Chairman. rape 1 nites Slafemeny, 1[Page Scanned with CamScanner\\JIRAM 6 AV The Committee shal f sis oF whieh the rounds on nst the Judge on the investigation is proposed to he held. Such charges together with a statement of the Which each such charge is based shall be communicated fo the Judge and he shall be giv reasonable opportunity of presenting a written statement of defence within such time specified in this behal by the Committee. ne definite charges ay be Where it is alleged that the Judge is unable to discharge the duties of his office efficiently due to any physical or mental incapacity and the allegation is denied, the Committee may arrange for the medical examination of the Judge by such Medical Board as may be appointed. Ifthe Judge refuses to undergo medical examination considered necessary by the Medical Board, the Board shall submit a report to the Committee stating therein the examination which the Judge has Fefused to undergo, and the Committee may, on receipt of such report, presume that the Judge suffers from such physical or mental incapacity as alleged, The Committee may, after considering the written statement of the Judge and the medical report, if any, amend the charges framed under sub-section and in such a case, the Judge shall be given a reasonable opportunity of presenting a fresh written statement of deface. The Central Government may, if required by the presiding officer appoint an advocate to conduct the case against the Judge. Ifthe report of the Committee contains a finding that the Judge is not guilty of any misbehaviour or does no suffer from any incapacity, then, no further steps shall be taken in either House of Parliament in relation to the report and the motion pending in the House or the Houses of Parliament shall not be proceeded with. Ifthe report of the Committee contains a finding that the Judge is guilty of any misbehaviour or suffers from any incapacity, then, the motion shall to- gether with the report of the Committee, bbe taken up for consideration by the House or the Houses of Parliament in which it is pending. If the motion is adopted by each House of Parliament, then, the misbchaviour of incapacity of the Judge shall be deemed to have been proved and an address praying for the removal of the Judge shall be presented in the piéscribed manner to the President by each House of Parliament in the same session in which the motion has been adopted. 2|Page ‘Scanned with CamScanner