INSTITUTE OF LAW

JIWAJI UNIVERSITY, GWALIOR

ASSIGNMENT ON
NOT FOR PROFIT ORGANISATION

SUBMITTED TO: Submitted By: Vanshaj Tomar

Dr. Nisha Sharma Roll No: B.Com LLB 41

I would like to express my profound gratitude to Mr. (Dean)
of LAW university for their contributions to the completion of my project titled Supreme
Court.
I would like to express my special thanks to our mentor Mr. Ankur Samadhiya
for her time and efforts he provided throughout the year. Your useful advice and suggestions
were really helpful to me during the project’s completion. In this aspect, I am eternally
grateful to you.
I would like to acknowledge that this project was completed entirely by me and not by
someone else.

Vanshaj Tomar
 INDEX

1. INTRODUCTION

2. CHARACTERISTICS

3. FINANCIAL STATEMENTS FOR NPO

4. RECEIPT AND PAYMENT ACCOUNT

5. INCOME AND EXPENDITURE ACCOUNT

6. BALANCE SHEET
  INTRODUCTION

The Supreme Court of India is the supreme judicial authority of India and
is the highest court of the Republic of India under the constitution. It is the most senior
constitutional court, has the final decision in all legal matters except for personal laws and
interstate river disputes, and also has the power of judicial review. The Chief Justice of India
is the Head and Chief Judge of the Supreme Court, which consists of a maximum of 34
judges, and has extensive powers in the form of original, appellate and advisory jurisdictions.
New judges here are uniquely nominated by existing judges and other branches of
government have inconsiderable say.

As the apex and most powerful constitutional court in India, it takes up appeals primarily
against verdicts of the High Courts of various states of the Union and other courts and
tribunals. It is required to safeguard the fundamental rights of citizens and settles disputes
between various government authorities as well as the central government vs. state
governments or state governments versus another state government in the country. As an
advisory court, it hears matters which may specifically be referred to it under the Constitution
by the President of India. This court can override legislature in favour of basic structure of
the Indian Constitution.

The law declared by the Supreme Court becomes binding on all courts at all levels within
India and also by all of the Union and State Governments. As per the Article 142 of the
Constitution, it is the duty of the President of India to enforce the decrees of the Supreme
Court and the court is conferred with the inherent jurisdiction to pass any order deemed
necessary in the interest of justice. The Supreme Court has replaced the Judicial Committee
of the Privy Council as the highest court of appeal since 28 January 1950.
  HISTORY

In 1861, the Indian high court act 1861 was enacted to create high courts for various
provinces and abolished Supreme Courts at Calcutta, Madras and Bombay and also the sadar
adalats in presidency towns in their respective regions. These new high courts had the
distinction of being the highest courts for all cases till the creation of the Federal Court of
India under the government of India 1935. The Federal Court had jurisdiction to solve
disputes between provinces and federal states and hear appeals against judgement of the high
courts. The first CJI of India was H.J. Kania

The Supreme Court of India came into being on 28 January 1950. It replaced both the Federal
Court of India and the Judicial Committee of the privy Council  which were then at the apex
of the Indian court system. The first proceedings and inauguration, however, took place on 28
January 1950 at 9:45 am, when the judges took their seats. Which is thus regarded as the
official date of establishment.

The Supreme Court initially had its seat at the Chamber of Princes in the parliament
building   were the previous Federal Court of India sat from
1937 to 1950. The first Chief Justice of India was H. J. Kania.
In 1958, the Supreme Court moved to its present
premises. Originally, the Constitution of India envisaged a
supreme court with a chief justice and seven judges; leaving it
to Parliament to increase this number. In formative years, the
Supreme Court met from 10 to 12 in the morning and then 2 to
4 in the afternoon for 28 days in a month.

The emblem of the Supreme Court represent the Lion capital

of Ashoka at Sarnath with a topmost wheel featuring 32
spokes.


  FIRST CHIEF JUSTICES OF INDIA

Sir Harilal Jekisundas Kania (3 November 1890 – 6

November 1951) was the first Chief Justice of India. He
served as the Chief Justice of India from 1950 to 1951.
He died while serving in office in 1951.

1. Early life and education

Kania sir was born in a middle-class family at Surat. His
grandfather had been a revenue officer in Gujarat with
the British Government, and his father Jekisundas Kania
was a Sanskrit professor and later principal of Samaldas
College in the princely state of Bhavnagar. His elder
brother Hiralal Jekisundas Kania was also a barrister
whose son Madhukar Hiralal Kania became a Supreme Court judge in 1987, and
subsequently Chief Justice. Kania took his BA from Samaldas College in 1910, followed by
an LLB from Government Law College, Bombay in 1912 and an LLM from the same
institution in 1913.

2. Law career

Kania began to practise as a barrister at the Bombay High Court in 1915, subsequently

marrying Kusum Mehta, the daughter of Sir Chunilal Mehta, sometime member of the
executive council of the Governor of Bombay."
For a time, Kania served as acting editor of the Indian Law Reports. Briefly serving as an
acting judge on the Bombay High Court   in 1930, he was appointed an additional judge on
the same court in June 1931, serving until March 1933. Kania then returned to the bar for
three months until he was promoted to associate judge in June. Kania was knighted in
the 1943 Birthday Honours list. By then the most senior associate judge at the High Court, he
was intended to succeed Chief Justice Sir John Beaumont upon the latter's retirement;
however, as Beaumont was biased against Indians, he passed Kania over in favour of the next
in line, Sir John Stone. While Stone was personally against Kania being passed over, he
accepted Beaumont's nomination. However, Kania served as acting chief justice from May–
September 1944 and from June–October 1945. He was promoted to associate judge of
the Federal Court of India, then headed by Sir Patrick Spens (later Lord Spens) on 20 June
1946. Spens retired on 14 August 1947, and Kania succeeded him as Chief Justice. After
India became a republic on 26 January 1950, Kania was appointed the first Chief Justice of
the Supreme Court of India. Acting as Chief Justice he read the oath to the first President of
India Dr. Rajendra Prasad. He died while in office of a sudden heart attack on 6 November
1951, aged 61.
Established October 1, 1937; 85 years ago
(as Federal Court of India)
28 January 1950; 72 years ago

Motto IAST: Yato Dharmastato Jayah

(transl. Where there is righteousness
and moral duty (dharma), there is
victory (jayah))

Composition Collegium of the Supreme Court of

method India

Location Tilak Marg, New Delhi, Delhi:

110001, India
  CURRENT CHIEF JUSTICES OF INDIA

Dhananjaya Yashwant Chandrachud (born 11 November 1959) is an Indian judge who is

serving as the 50th and current Chief Justice of India. He is a former ex-officio executive
chairman of National Legal Services Authority whilst being J1 (or the senior-most judge after
the chief justice) of the Supreme Court of India. In addition, he is a former chief justice of the
Allahabad High Court and a former judge of the Bombay
High Court.

Born to Y. V. Chandrachud, he was educated at Delhi

University and Harvard University before practicing for
Sullivan & Cromwell and in Bombay High Court. He
became a judge at the Bombay High Court and then the
chief justice of Allahabad High Court.

A liberal judge, he has been part of benches that delivered

landmark judgments such as Privacy verdict and Sabarimala
case. He has visited the universities of Mumbai, Oklahoma,
Harvard, Yale and others as a professor.

He succeeded Justice Uday Umesh Lalit on November 9,

2022 as the chief justice of India (at the age of 62 years, 11months and 29days) before which
his nomination was challenged on the grounds of conflict of interest. A bench headed by
Justice Uday Umesh Lalit had dismissed the plea a week before Chandrachud's oath-taking
ceremony.


  ARTICLES

Article 124: Establishment and Constitution of Supreme Court

(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and,
until Parliament by law prescribes a larger number, of not more than seven other Judges.
(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under
his hand and seal after consultation with such of the Judges of the Supreme Court and of the
High Courts in the States as the President may deem necessary for the purpose and shall hold
office until he attains the age of sixty-five years:
Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief
Justice of India shall always be consulted:
Provided further that –
(a) a Judge may, by writing under his hand addressed to the President, resign his office;
(b) a judge may be removed from his office in the manner provide in clause (4).
(2A) The age of a Judge of the Supreme Court shall be determined by such authority and in
such manner as Parliament may by law provide.
(3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he
is a citizen of India and –
(a) has been for at least five years a Judge of a High Court or of two or more such Courts in
succession; or
(b) has been for at least ten years an advocate of a High Court or of two or more such Courts
in succession; or
(c) is, in the opinion of the President, a distinguished jurist.
Explanation I: In this clause “High Court” means a High Court which exercises, or which at
any time before the commencement of this Constitution exercised, jurisdiction in any part of
the territory of India.
Explanation II: In computing for the purpose of this clause the period during which a a person
has been an advocate, any period during which a person has held judicial office not inferior to
that of a district judge after he became an advocate shall be included.
(4) 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-thirds of the
members of that 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.
(5) 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).
(6) 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.
(7) No person who has held office as a Judge of the Supreme Court shall plead or act in any
court of before any authority within the territory of India.
Article 126: Appointment of acting Chief Justice
When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason of
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.

Article 127: 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.
(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.

Article 129: 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.

Article 131: Original jurisdiction of the Supreme Court

Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of
any other court, have original jurisdiction in any dispute –
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State of States on one side and one or more
other States on the other; or
(c) between two or more States.

if and in so far as the dispute involves any question (whether of law or fact) on which the
existence or extent of a legal right depends:
Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty,
agreement, covenant, engagement, sanad of other similar instrument which, having been
entered into or executed before the commencement of this Constitution, continues in
operation after such commencement or which provides that the said jurisdiction shall not
extend to such a dispute.

Article 133: Appellate jurisdiction of Supreme Court in appeals from High

Courts in regard to civil matters
(1) An appeal shall lie to the Supreme Court room any judgement, decree or final order in a
civil proceeding of a High Court in the territory of India if the High Court certifies under
article 134A –
(a) that the case involves a substantial question of law of general importance; and
(b) that in the opinion of the High Court the said question needs to be decided by the
Supreme Court.
(2) Notwithstanding anything in article 132, any party appealing to the Supreme Court under
clause (1) may urge as one of the grounds in such appeal that a substantial question of law as
to the interpretation of this Constitution has been wrongly decided.
(3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law
otherwise provides, lie to the Supreme Court from the judgement, decree or final order of one
Judge of a High Court.

Article 134: Appellate jurisdiction of Supreme Court in regard to criminal

matters
(1) An appeal shall lie to the Supreme Court from any judgement, final order or sentence in a
criminal proceeding of a High Court in the territory of India if the High Court –
(a) has on appeal reversed an order of acquittal of an accused person and sentenced him to
death; or
(b) has withdrawn for trial before itself any case from any court subordinate to its authority
and has in such trial convicted the accused person and sentenced him to death; or
(c) certified under article 134A that the case is a fit one for appeal to the Supreme Court:
Provided that an appeal under sub-clause (c) shall lie subject to such provisions as may be
made in that behalf under clause (1) of article 145 and to such conditions as the High Court
may establish or require.
(2) Parliament may by law confer on the Supreme Court any further powers to entertain and
hear appeals from any judgment, final order or sentence in a criminal proceeding of a High
Court in the territory of India subject to such conditions and limitations as may be specified
in such law.

Article 134A: Certificate for appeal to the Supreme Court

Every High Court, passing or making a judgment, decree, final order, or sentence, referred to
in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134, –
(a) may, if it deems fit so to do, on its own motion; and
(b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately
after the passing or making of such judgment, decree final order or sentence,
determine, as soon as may be after such passing or making, the question whether a certificate
of the nature referred to in clause (1) of article 132, or clause (1) or article 133 or, as the case
may be, sub-clause (c) of clause (1) of article 134, may be given in respect of that case.

Article 135: Jurisdiction and powers of the Federal Court under existing law to
be exercisable by the Supreme Court
Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction
and powers with respect to any matter to which the provisions of article 133 or article 134 do
not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal
Court immediately before the commencement of this Constitution under any existing law.
Article 136: Special leave to appeal by the Supreme Court
(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant
special leave to appeal from any judgment, decree, determination, sentence or order in any
cause or matter passed or made by any court or tribunal in the territory of India.
(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed
or made by any court or tribunal constituted by or under any law relating to the Armed
Forces.

Article 139: Conferment on the Supreme Court of powers to issue certain writs
Parliament may by law confer on the Supreme Court power to issue directions, orders or
writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto
and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of
article 32.

Article 139A: Transfer of certain cases

(1) Where cases involving the same or substantially the same questions of law are pending
before the Supreme Court and one or more High Courts or before two or more High Courts
and the Supreme Court is satisfied on its own motion or on an application made by the
Attorney-General of India or by a party to any such case that such questions are substantial
questions of general importance, the Supreme Court may withdraw the case or cases pending
before the High Court of the High Courts and dispose of all the cases itself:
Provided that the Supreme Court may after determining the said questions of law return any
case so withdrawn together with a copy of its judgment on such questions to the High Court
from which the case has been withdrawn, and the High Court shall on receipt thereof,
proceed to dispose of the case in conformity with such judgment.
(2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer
any case, appeal or other proceedings pending before any High Court to any other High
Court.
  POWERS OF THE SUPREME COURT

1.Power to punish for contempt (civil or criminal) of court with simple imprisonment for 6

months or fine up to Rs. 2000. Civil contempt means wilful disobedience to any judgment.
Criminal contempt means doing any act which lowers the authority of the court or causing
interference in judicial proceedings.

2.Judicial review to examine the constitutionality of legislative enactments and executive

orders. The grounds of review is limited by Parliamentary legislation or rules made by the
Supreme Court.

3. Deciding authority regarding the election of President and Vice President.

4. Enquiring authority in the conduct and behaviour of UPSC members.

5. Withdraw cases pending before High Courts and dispose of them themselves.

6. Appointment of ad hoc judges- Article 127 states that if at any time there is a lack of
quorum of Judges of Supreme Court, the CJI may with the previous consent of the President
and Chief Justice of High Court, concerning request in writing the attendance of Judge of
High Court duly qualified to be appointed as Judge of the Supreme Court.

7. Appointment of retired judges of the Supreme Court or High Court - Article 128
states that the CJI at any time with the previous consent of the President and the person to be
so appointed can appoint any person who had previously held the office of a Judge of SC.

8. Appointment of acting Chief Justice- Article 126 states that when the office of CJI is
vacant or when the Chief Justice is by reason of absence or otherwise unable to perform
duties of the office, the President in such case can appoint Judge of the court to discharge the
duties of the office.

9. Revisory Jurisdiction- The Supreme Court under Article 137 is empowered to review any
judgment or order made by it with a view to removing any mistake or error that might have
crept in the judgement or order.

10. Supreme Court as a Court of Record- The Supreme Court is a court of record as its

decisions are of evidentiary value and cannot be questioned in any court.
  COMPOSITION OF THE SUPREME COURT

Article 124(1) and Amendment act of 2008 states that there shall be a Supreme Court of
India consisting of a Chief justice of India (CJI) and 34 judges including the CJI.  Article
124(2) states that every judge of the Supreme Court shall be appointed by the President of
India by warrant under his hand and seal after consultation with such of the judges of the
Supreme Court and of the High Courts in the states.
Here, the collegium system (appointment of judges to the courts) was followed which is also
known as the three judges cases, which comprises of the Chief Justice of India (CJI) and four
senior-most judges of the SC, one Chief Justice of the High Court and two of its senior-most
judges. This system demanded a consensus decision of all the senior-most judges in
conformity with the Chief Justice of India.

However, due to lack of transparency and delay in the appointment, a new article 124 A was
incorporated in the constitution, under which the National Judiciary Appointments
Commission (NJAC) replaced the collegium system for the appointment of judges as
mandated in the existing pre-amended constitution by a new system.

 FEATURES OF SUPREME COURT

It takes up appeals against the verdicts of the High Courts, other courts and tribunals.

It settles disputes between various government authorities, between state governments, and
between the center and any state government.

It also hears matters which the President refers to it, in its advisory role.

The SC can also take up cases sue moto (on its own).

The law that SC declares is binding on all the courts in India and on the Union as well as the
state governments.
  Important Judgments

1. Romesh Thapar v State of Madras (1950)

Freedom of the press is an essential component of a thriving democracy and this right is not
limited to newspapers but to other vehicles of information flow also. In this day and age, it
can be argued that such a right extends to expressing opinions on various digital platforms
without fear of repercussions. In the case of Indian Express newspapers v. Union of India, the
apex court has made the following observations:
The expression “freedom of press” has not been used in Article 19 but it is comprehended
within Article 19(1)(a). The expression means freedom from interference from authority
which would have the effect of interference with the content and circulation of
newspapers……….Freedom of press is the heart of social and political intercourse. It is the
primary duty of the courts to uphold the freedom of press and invalidate all laws or
administrative actions which interfere with it contrary to the constitutional mandate.
The press is often described as the fourth estate and rightly so, thus the freedom of the press
is one of the most cherished rights in a truly democratic setup. It is this freedom that allows
the press to bring to the common citizen the failings that are committed by people who serve
in the echelons of governance. The freedom of press extends not only to the content that is
published and propagated but also to the volume of information that is to be circulated.
In the course of several decades since the Constitution was adopted, the Supreme Court has
always acted in a manner that errs on the side of safeguarding the rights of the press and
several landmark judgements in this respect are a testimony to the earnest effort of the Court.
The earliest case which dealt directly with the rights of a free press was the case of Romesh
Thapar v. State of Madras.

2. Keshavananda Bharati Sripadagalvaru v. State of Kerala (1973)

Kesavananda Bharati & others Versus State of Kerala is certainly one of the leading cases in
the constitutional history of India if not the most important judgement of post-independent
India and is popularly known as the Fundamental Rights case.
The majority judgement in the case was pronounced by S.M.Sikri C. J., Hegde J, Mukherjea
J, Shehlat J, Grover J, Jaganmohan Reddy J, Khanna J, and was dissented by Ray J, Palekar J,
Mathew J, Beg J, Dwivedi J and Chandrachud J.
It is rightly said that the judgement in the instant case brought an end to the conflict between
the executive and the judiciary and proved to be a saviour of the democratic system and set
up in the country. The resultant judgement in the case was a hard-fought legal battle between
the two constitutional stalwarts and legal luminaries namely N.A. Palkhivala (who
represented Petitioners) and H.M. Seervai (who represented the State of Kerala). The hearing
in the case took place for sixty-eight long days and finally, a voluminous 703-page judgement
was pronounced on 24th April 1973.
3. AK Gopalan Vs State of Madras (1950)

A K Gopalan and the State of Madras is a landmark case in Indian legal history. The case set
important precedents for the fundamental rights of Indian citizens. It also helped to define the
concept of “due process” in India. Also, the case developed and explained the doctrine of
natural justice which means that the administration cannot function arbitrarily. The concept
of natural justice simply talks about fairness and justice. This case is studied and referenced
by law students all over the country.
  CONCLUSION

The Supreme Court of India has established a reputation for itself and has become well
known in the jurisprudential world map of law and justice. The Court's interpretation of the
right to equality and right to life has made it a trendsetter worthy of the most liberal
egalitarian judges. The Court is a tribute to the makers of the Constitution. In keeping with
traditional tolerance of the people, the Court has never been indifferent or unhelpful to the
minorities and their rights but has always been alive and protective of minority rights. The
high courts stood up for the liberty of the citizens and continued to entertain habeas corpus
applications claiming to do so under the powers given to them under the Criminal Procedure
Code. The judiciary has done itself proud and the people of India can rightly claim that the
very independence of the judiciary is sufficient proof of the success of democracy in the
country.
  BIBLIOGRAPHY

1. https://en.wikipedia.org
2. www.clearias.com
3. main.sci.gov.in
It can be concluded that the Supreme Court is the apex judicial authority of
India. The Supreme Court has very wide jurisdiction and it enjoys enormous
powers and functions that it performs for the general interest of the public. It is
the protector of the fundamental rights of an individual and through its grand
vision interprets the provisions of the constitution. It guarantees socio-economic
justice to the citizens of India and makes laws which are unquestionable and
binding upon all the other courts.