THE UNION JUDICIARY: THE SUPREME COURT 

University Institute of Legal Studies

Panjab University

CONSTITUTION ASSIGNMENT

“T  he Union Judiciary:

The Supreme Court” 

Submitted By:- Divanshu Submitted To:- Dr. Shruti Bedi

Aggarwal

Roll No. – 141/17

B.Com. LL.B

Section:- C
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Acknowledgement

 I would like to express my special thanks of gratitude to my teacher, Dr. Shruti Bedi who
gave me the golden opportunity to do this wonderful assignment on the topic “T  he Union
 Judiciary” ,  which also helped me in doing a lot of Research and I came to know about
so many new things. I am really thankful to her.
Secondly I would also like to thank my seniors and friends who helped me a lot in
 finalizing this assignment within the limited time frame.

 Divanshu Aggarwal

(Student’s Signature)

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INDEX

S.No. PARTICULARS Page No.

1. ACKNOWLEDGMENT 2
2. INTRODUCTION 4
3. CHAPTER IV, UNION JUDICIARY 5-6
4. COMPOSITION 7-14
5. JURISDICTION 15-28
6. STARE DECISIS 29-30
7. INDEPENDENCE OF JUDICIARY 31-33
8. CONCLUSION 34
9. WEBLIOGRAPHY 35
10. BIBLIOGRAPHY 35

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INTRODUCTION

In every federal set up need and necessity of an independent judiciary is always felt and that is
inescapable as well. The judiciary is considered as custodian of the rights of the people and a
 balancing wheel between the executive and the legislature. Founding fathers of the constitution
 pinned high hopes on the Supreme Court. Alladi Krishna Swami Aiyer, a member of the
Drafting Committee of the constitution said, “The future evolution of Indian constitution will
thus depend to a large extent upon the work of the Supreme Court and the direction given to it
by that court…. It has to keep the poise between the seemingly contradictory forces.”

The Supreme Court of India is the apex court and the final interpreter of the constitution of
India.1 Chapter IV under Part V of the constitution (Union) deals with The Union Judiciary. The
constitution and jurisdiction of Supreme Court is stated in detail from articles 124-147. Unlike
the other two branches, executive and legislature, in India Judiciary is integrated. This means
that even though there may be High Courts in states, the law declared by the Supreme Court
shall
 be binding on all courts within the territory of India (Article 141). It was on the day of 26 th
January when Supreme Court for the first time. It was earlier called federal court of India.

The Supreme Court is also known as the guardian of the constitution and the protector of the
fundamental rights. It is the final court of appeal in all civil, criminal and other matters and thus
helps in maintaining uniformity of law throughout the territory of India. The people of India
look upon the Supreme Court as an instrument of social justice and a guarantor of the great
ideas enshrined in the constitution.2

The Supreme Court under our constitution is such arbitrator. Independence of judiciary becomes
a basic creed in a democratic society. The need for judicial independence becomes all the all
more necessary in India as judicial review is regarded as ‘fundamental feature’ of the Indian
Constitution.

1
 Article 141
2
 I.R. Coelho v. State of T.N., AIR 2007 SC 184

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CHAPTER IV, UNION JUDICIARY

Chapter The Union Judiciary

IV
124 Establishment and Constitution of Supreme Court
125 Salaries, etc., of Judges
126 Appointment of acting Chief Justice
127 Appointment of ad hoc Judges
128 Attendance of retired Judges at sittings of the Supreme Court
129 Supreme Court to be a court of record 
130 Seat of Supreme Court
131 Original jurisdiction of the Supreme Court
131A [Repealed]
132 Appellate jurisdiction of Supreme Court in appeals from High Courts in certain
cases
133 Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to
civil matters
134 Appellate jurisdiction of Supreme Court in regards to criminal matters
134A Certificate for appeal to the Supreme Court
135 Jurisdiction and powers of the Federal Court under existing law to be exercisable
 by the Supreme Court
136 Special leave to appeal by the Supreme Court
137 Review of judgments or orders by the Supreme Court
138 Enlargement of the jurisdiction of the Supreme Court
139. Conferment on the Supreme Court of powers to issue certain writs
139A Transfer of certain cases
140 Ancillary powers of Supreme Court
141 Law declared by Supreme Court to be binding on all courts
142 Enforcement of decrees and orders of Supreme Court and orders as to discovery,

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etc.
143 Power of President to consult Supreme Court
144 Civil and judicial authorities to act in aid of the Supreme
Court 144A [Repealed]
145 Rules of court, etc.
146 Officers and servants and the expenses of the Supreme Court
147 Interpretation

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the four others unabashedly and unflinchingly supported the Government in power
concurring that no person can move the court by filing a writ of Habeas corpus
questioning their grounds for detention during a proclamation of emergency. Justice
Khanna stood alone in his dissent against Indira Gandhi. He maintained his view that no
state has the power to deprive the person of his life and liberty without legal authority.
Hans Raj Khanna, only 1 judge gave a minority judgement (4:1) that Art, 21 shall not be
suspended in any of the situation as this right is right is not given to the people they have
earned it.

Qualifications for the appointment of the Judge [Article 124(3)] 

Article 124(3) provides: A person shall not be qualified for appointment as a Judge of the
Supreme Court unless

a) he is a citizen of India and

b) has been for at least five years a Judge of a High Court or of two or more such
Courts in succession; or
c) has been for at least ten years an advocate of a High Court or of two or more
such Courts in succession; or
d) is, in the opinion of the President, a distinguished jurist,

It follows that a person to be appointed a judge of the supreme court, must possess two
qualifications, firstly he must be a citizen of India and secondly he must possess any of
the qualifications mentioned in clauses (b) to (d) above.

Article 124(6) provides:  Every person appointed to be a Judge of the Supreme Court
shall, before he enters upon his office, make and subscribe before the President, or
some
 person appointed in that behalf by him, an oath or affirmation according to the form set
out for the purpose in the Third Schedule.

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Removal of Judges [Article 124(4)]

Article 124(4) provides:  A Judge of the Supreme Court shall not be removed from his
office except by an order of the President 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 third of the members of the House present and voting has
been presented to the President in the same session for such removal on the ground of
 proved misbehaviour or incapacity

Article 124(5)  provides: Parliament may by law regulate the procedure for the
 presentation of an address and for the investigation and proof of the misbehaviour or
incapacity of a Judge under clause (4)

The procedure relating to the removal of a judge of the Supreme Court is regulated by
the Judges Inquiry Act,1968, by the process of impeachment. There are two grounds for
removal - proved misbehaviour or incapacity. CJI recommended the impeachment of
 Justice Soumitra Sen of Calcutta High Court but he resigned ahead of his impeachment
motion against him in Lok Sabha. A judge of the Supreme Court can be removed from
his office by an order of the President. The President can issue the removal order after an
address by the Parliament, supported by a special majority of each House of Parliament
(that is, a majority of the total membership of that House and a majority of not less than
two thirds of the members of that house present and voting), has been presented to the
President in the same session of Parliament for such a removal.

So far, no judge of the Supreme Court has been impeached. The only case where an
impeachment motion was initiated, and the Inquiry Committee found the judge guilty,
was of  Justice V Ramaswami of the Supreme Court (1991-1993). But, this motion was
defeated in the Lok Sabha.

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Salaries and Allowances (Article 125)

Article 125 provides: Salaries, etc, of Judges

(1) There shall be paid to the Judges of the Supreme Court such salaries as may be
determined by Parliament by law and, until provision in that behalf is so made, such
salaries as are specified in the Second Schedule

(2)  Every Judge shall be entitled to such privileges and allowances and to such rights in
respect of leave of absence and pension as may from time to time be determined by or
under law made by Parliament and, until so determined, to such privileges, allowances
and rights as are specified in the Second Schedule: Provided that neither the privileges
nor the allowances of a Judge nor his rights in respect of leave of absence or pension
shall be varied to his disadvantage after his appointment

To begin with, the salary payable to SC judge was specified in the constitution. but then
 by the 44th  amendment, Parliament has been given the power to determine the salary
 payable to to determine the salary payable to SC judge. Parliament is also authorised to
determine, from time to time, by law such questions as per privileges, allowances, right
in respect of leave of absence and pension for these judges. None of these can,however
be varied by the Parliament to the disadvantage of a judge after his appointment to the
court. All these matters are now regulated by the SC judges, (salaries and conditions of
service ) Act, 1958.

Seat of the Supreme Court (Article 130)

Article 130 provides: Seat of Supreme Court The Supreme Court shall sit in Delhi or in
such other place or places, as the Chief Justice of India may, with the approval of the
President, from time to time, appoint.

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However the CJI may, with the prior approval of the President, require the court to sit in
such other place or places, as he may appoint. It is an enabling provision which
postulates a decision by the CJI. No court can give direction in this matter. It was ruled
in the case of U.O.I. v. S.P. Chand  . Recently, the apex court turned out the proposal of
the government and held that there is no justification for deviating from earlier resolution
on the subject.

Acting Chief Justice (Article 126)

Article 126 provides:  A ppointment of acting Chief Justice When the office of Chief
 Justice of India is vacant or when the Chief Justice is, by reason or absence or otherwise,
unable to perform the duties of his office, the duties of the office shall be performed by
such one of the other Judges of the Court as the President may appoint for the purpose.
The President can appoint a Supreme Court Judge as the acting Chief Justice in case the
office falls vacant, or the Chief Justice is unable to perform is duties due to absence or
otherwise.

Ad-hoc Judges (Article 127)

Article 127 provides: Appointment of ad hoc Judges

(1)  If at any time there should not be a quorum of the Judges of the Supreme Court
available to hold or continue any session of the Court, the Chief Justice of India may,
with the previous consent of the President and after consultation with the Chief Justice
of the High Court concerned, request in writing the attendance at the sittings of the
Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High
Court duly qualified for appointment as a Judge of the Supreme Court to be designated
by the Chief Justice of India

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(2)  It shall be the duty of the Judge who has been so designated, in priority to other
duties of his office, to attend the sittings of the Supreme Court at the time and for the
 period for which his attendance is required, and while so attending he shall have all the
 jurisdiction, powers and privileges, and shall discharge the duties, of a Judge of the
Supreme Court

Clause (1) of Art. 127 provides that if at any time ther shouldn’t be quorum of  the judges
available to hold or continue any session of the Court, the chief justice may , with the
 precious consent of the president and after consultationwith chief justice of High
Courtconcerned, request in writing, a judge to act asad hoc judge in the supreme court,
for such period as may be necessary. The judge so appointed should be qualified to be
appointed as the judge of the Supreme Court . While so attending and acting as ad hoc
 judge, the Judge shall have the jurisdiction, power and privileges, of a judge of SC.

Attendance of retired Judges (Article 128)

Article 128 provides:  Attendance of retired Judges at sittings of the Supreme Court
 Notwithstanding anything in this chapter, the Chief Justice of India may at any time,
with the previous consent of the president, request any person who has held the office
of a
 Judge of the Supreme Court or of the Federal Court or who has held the office of a
Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme
Court to sit and act as a Judge of the Supreme Court, and every such person so
requested shall, while so sitting and acting, be entitled to such allowances as the
President may by order determine and have all the jurisdiction, powers and privileges
of, but shall not otherwise be deemed to be, a Judge of that Court: Provided that nothing
in this article shall be deemed to require any such person as aforesaid to sit and act as a
Judge of that Court unless he consents so to do

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JURISDICTION

The Constitution confers the following jurisdiction on the Supreme Court-

a) As a Court of Record (Article 129)

 b) Writ Jurisdiction (Article 32)
c) Original Jurisdiction (Article 131)
d) Appellate Jurisdiction-
(i) In Constitutional Matters (Article 132)
(ii) In Civil Matters (Article 133)
(iii) In Criminal Matters (Article 134)
e) Appeal by Special Leave (Article 136)
f) Federal Court’s Jurisdiction (Article 135)
g) Review Jurisdiction (Article 137)
h) Advisory Jurisdiction (Article 143)

a) As a Court of Record (Article 129)

Article 129 provides: “The Supreme Court to be a court of record  -The Supreme
Court shall be a court of record and shall have all the powers of such a court
including the
 power to punish for contempt of itself.”
Firstly, the SC being a court of record meaning that all its records are of evidentiary
value and cannot be questioned when these are produced before any court. Secondly,
it includes punishing for contempt of court. Contempt of court can be of two types:-
1.) Civil Contempt:- Non observance of the orders of the supreme court by any of the
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 parties or disobedience of any judgement or misleading of court.
2.) Criminal Contempt:-When you scandalize the authority of court or interfering or
causing prejudice to the proceedings of the court or disturb its integrity.
In the case of Delhi Judicial Services Association v. State of Gujarat, the apex court
 punished five police men for harassing and handcuffing the CJM as the act amounted

7
 Vijay Syal v. State of Punjab JT 2003(5) SC 241

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CONCLUSION

In every federal set up need and necessity of an independent judiciary is always felt and
that is inescapable as well. The judiciary is considered as custodian of the rights of the
 people and a balancing wheel between the executive and the legislature. Not only this,
 but it also decides all disputes which may arise between the Centre and federating units,
so that federal structure is not put under heavy strains. The supreme court or the union
 judiciary has all the provisions to provide justice to the citizens of India.

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BIBLIOGRAPHY

1. Kumar, Narendra, Constitutional Law of India, Allahabad Law Agency,

Faridabad, 2005.
2. Basu, D., Introduction to the Constitution of India, wadhwa, Nagpur, 2008
3. Jain, M.P., India Constitutional Law, Lexis Nexis, Butterworths, 2002

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WEBLIOGRAPHY

1) http://www.theindianlawyer.in/blog/2016/09/09/special-leave-petition/

2) https://www.web.lawyersupdate.co.in/constitution-of-india/article-135-jurisdiction-
and-powers-of-the-federal-court-under-existing-law-to-be-exercisable-by-the-
supreme-court/

3) https://www.web.lawyersupdate.co.in/constitution-of-india/article-137-review-of-
 judgments-or-orders-by-the-supreme-court/

4) https://www.lawctopus.com/academike/advisory-jurisdiction-article-143/

5) http://www.leadthecompetition.in/GKT/gktopics.html

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