Unlike the American Constitution, the Indian Constitution has established an integrated judicial system with the Supreme Court at the top and the High Courts below it. Under the High Courts (at the state level), there is a hierarchy of subordinate courts, including district courts and other lower courts.

This single judicial system, inherited from the Government of India Act of 1935, enforces both Central and State laws.

In contrast, the USA follows a dual system of courts:

• Federal laws
  are enforced by the federal judiciary.
• State laws
  are enforced by the state judiciary.

Thus, the USA has separate judicial structures for the federal and state levels, whereas India,
despite being a federal country, has a unified judiciary that ensures a single system of fundamental law and justice.

The Supreme Court of India

The Supreme Court of India was inaugurated on January 28, 1950, succeeding the Federal Court of India, which was established under the Government of India Act of 1935. 

The Supreme Court’s jurisdiction is greater than that of its predecessor because it replaced the British Privy Council as the highest court of appeal.

The provisions related to the Supreme Court are laid out in Articles 124 to 147 of Part V of the Constitution. The Parliament has the authority to regulate its organization, independence, jurisdiction, and procedures.

Organization of the Supreme Court

• The Supreme Court currently consists of 31 judges (1 Chief Justice and 30 other judges).
• In February 2009, the number of judges was increased from 26 to 31 through the enactment of the Supreme Court (Number of Judges) Amendment Act, 2008.
• Originally, the strength was 8 judges (1 Chief Justice + 7 judges).
• Over the years, Parliament increased the number:
  
  • 1956→ 10 judges
  • 1960→ 13 judges
  • 1977→ 17 judges
  • 1986→ 25 judges

Appointment of Judges

Process of Appointment

• Judges of the Supreme Court are appointed by the President.
• The Chief Justice is appointed after consultation with the judges of the Supreme Court and High Court as deemed necessary.
• Other judges are appointed after consultation with the Chief Justice and other judges of the Supreme Court and High Courts.
• Consultation with the Chief Justice is mandatory when appointing other judges.

Controversy over ‘Consultation’

• First Judges Case (1982): The Supreme Court ruled that consultation does not mean concurrence—it only implies an exchange of views.
• Second Judges Case (1993): The Court reversed its decision and ruled that consultation means concurrence, making the Chief Justice’s recommendation binding on the President. The Chief Justice must consult two senior-most judges before making a recommendation.
• Third Judges Case (1998): The Court ruled that the Chief Justice must consult a collegium of four senior judges before making recommendations. If two judges oppose, the recommendation should not be sent to the government.

National Judicial Appointments Commission (NJAC) and Its Repeal

• The 99th Constitutional Amendment Act, 2014, replaced the collegium system with the National Judicial Appointments Commission (NJAC).
• However, in 2015, the Supreme Court struck down the NJAC Act, declaring it unconstitutional and void in the Fourth Judges Case.
• The Collegium system was thus reinstated.

Appointment of the Chief Justice of India

• From 1950 to 1973, the senior-most Supreme Court judge was appointed as the Chief Justice of India (CJI).
• However, in 1973, this convention was violated when A.N. Ray was appointed as CJI, superseding three senior judges.
• Again, in 1977, M.U. Beg was appointed as CJI, superseding the senior-most judge.
• Second Judges Case (1993): The Supreme Court ruled that only the senior-most judge should be appointed as CJI, limiting the government’s discretion.

Qualifications for Supreme Court Judges

A person must meet the following qualifications to be appointed as a judge of the Supreme Court:

1. Must be a citizen of India.
2. Must meet one of the following criteria:
   
   • Served as a judge of a High Court for five years.
   • Practiced as an advocate in a High Court for ten years.
   • Be a distinguished jurist, as per the President’s opinion.

The Constitution does not specify a minimum age for appointment.

Oath and Tenure of Judges

Oath or Affirmation

Before assuming office, a Supreme Court judge must take an oath of allegiance to:

1. Uphold the Constitution of India.
2. Maintain the sovereignty and integrity of India.
3. Perform duties without fear, favor, affection, or ill-will.
4. Protect the Constitution and the law.

Tenure of Judges

The Constitution does not fix a specific tenure but provides:

1. Retirement at the age of 65 years.
2. Resignation by writing to the President.
3. Removal by the President upon Parliament’s recommendation.

Removal of Judges

• Judges can be removed by the President only after an address by Parliament, passed with a special majority (two-thirds of members present and voting in each House).
• Grounds for removal: Proved misbehavior or incapacity.
• Judges Enquiry Act, 1968, outlines the impeachment process:
  
  1. 100 Lok Sabha members or 50 Rajya Sabha members submit a removal motion.
  2. The Speaker/Chairman may admit or reject the motion.
  3. If admitted, a three-member committee (Supreme Court judge, High Court Chief Justice, and a jurist) investigates.
  4. If found guilty, Parliament votes on the motion.
  5. If passed, the President issues an order for removal.
• No Supreme Court judge has been impeached so far.

Salaries and Allowances

• Determined by Parliament and cannot be reduced except during a Financial Emergency.
• 2009 salary revisions:
  
  • Chief Justice:
    ₹1,00,000/month (previously ₹33,000).
  • Other judges:
    ₹90,000/month (previously ₹30,000). 
• Judges also receive housing, medical, transport, and pension(50% of last drawn salary) benefits.

Other Judicial Appointments

Acting Chief Justice

The President can appoint an acting CJI when:

1. CJI’s position is vacant.
2. CJI is temporarily absent.
3. CJI is unable to perform duties.

Ad Hoc Judges

• If there is a lack of quorum, the Chief Justice can appoint a High Court judge as an ad hoc judge with the President’s consent.

Retired Judges

• The Chief Justice can request retired judges to serve temporarily, with the President’s approval.

SEAT OF THE SUPREME COURT

The Constitution declares Delhi as the seat of the Supreme Court. However, it also authorizes the Chief Justice of India to appoint other place(s) as the seat of the Supreme Court, but only with the approval of the President. This provision is optional, meaning that no court can direct either the President or the Chief Justice to establish another seat for the Supreme Court.

PROCEDURE OF THE COURT

The Supreme Court, with the President’s approval, can make rules to regulate its practice and procedures. Constitutional cases or references made by the President under Article 143 are decided by a bench of at least five judges. Other cases are usually heard by a bench of no less than three judges. Judgments are delivered openly in court and decided by majority vote. However, judges can issue dissenting opinions if they disagree.

INDEPENDENCE OF THE SUPREME COURT

The Supreme Court plays a crucial role in India’s democratic system. It serves as a federal court, the highest court of appeal, the protector of fundamental rights, and the guardian of the
Constitution. To ensure its independence, the Constitution includes the following provisions:

1. Mode of Appointment:
   Judges are appointed by the President in consultation with Supreme Court and High Court judges, limiting executive discretion.
2. Security of Tenure:
   Judges can only be removed by the President through a constitutional process, ensuring stability.
3. Fixed Service Conditions: Judges’ salaries and benefits, determined by Parliament, cannot be altered to their disadvantage except during a financial emergency.
4. Expenses Charged on Consolidated Fund: The court’s expenses are non-votable by Parliament, ensuring financial independence.
5. Conduct of Judges Cannot Be Discussed: Parliament or state legislatures cannot discuss
   judges’ conduct except in impeachment proceedings.
6. Ban on Practice After Retirement: Retired Supreme Court judges cannot practice law
   before any court or authority in India.
7. Power to Punish for Contempt: The Court can punish for contempt, maintaining its
   authority and dignity.
8. Freedom to Appoint Staff: The Chief Justice can appoint court officers and
   prescribe service conditions.
9. Jurisdiction Cannot Be Curtailed: Parliament cannot reduce Supreme Court jurisdiction
   but may extend it.
10. Separation from Executive: The judiciary is separate from the executive,
    preventing interference in judicial administration.

JURISDICTION AND POWERS OF THE SUPREME COURT

The Supreme Court has extensive jurisdiction and wide-ranging powers, making it a final appellate court and the Constitution’s guardian. It has the following types of jurisdiction:

1. Original Jurisdiction: The Court resolves disputes between the Centre and states or among states.
2. Writ Jurisdiction:
   The Court enforces fundamental rights by issuing writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
3. Appellate Jurisdiction: The Court hears appeals in constitutional, civil, and criminal matters and by special leave.
4. Advisory Jurisdiction: The President can seek the Court’s opinion on significant legal or constitutional issues.
5. Court of Record:
   The Supreme Court’s judgments serve as legal precedents, and it can punish contempt of court.
6. Judicial Review:
   The Court can strike down unconstitutional laws and executive actions.
7. Other Powers:
   The Court oversees election disputes, recommends removal of UPSC members, reviews its judgments, transfers cases, and supervises lower courts.

SUPREME COURT ADVOCATES

Three categories of advocates can practice before the Supreme Court:

1. Senior Advocates:
   Designated based on expertise and standing. They must work with an Advocate-on-Record in Supreme Court cases.
2. Advocates-on-Record:
   Only they can file cases in the Supreme Court.
3. Other Advocates:
   They can appear but cannot file cases directly in the Supreme Court.

These provisions ensure the efficient and independent functioning of the Supreme Court, maintaining its integrity as the highest judicial authority in India.