The Supreme Court stands at the apex of the judicial system of India. It consists of Chief Justice and other judges.
The strength of the Supreme Court was raised from 26 to 31 in February 2009 on the plea that this would enable the Supreme Court to function more efficiently and effectively.
It was further argued that the increase in the number of judges would help in attaining the ultimate goal of rendering speedy justice.
The Chief Justice is appointed by the President in consultation with such judges of the Supreme Court and High Courts as he deems necessary.
The other judges of the Supreme Court are appointed by the President in consultation with the Chief Justice.
However, he may also consult other judges of the Supreme Court and High Courts while appointing a judge of the Supreme Court.

The position in this regard underwent a drastic change following Supreme Court Judgment of 1993 in S. C. Advocates on-Record Association vs. Union of India case.
The Court held that in the matter of appointment of the judges of the Supreme Court and the High Courts, the President is bound to act in accordance with the opinion of the Chief Justice of India, who would tender his opinion on the matter after consulting his a collegium of four senior-most judges of the Supreme Court (third Judges case, 1998).
Thus, the discretion of the Prime Minister and the President regarding the appointment of judges has been reduced.
In the selection of candidates for appointment as judges of Supreme Court and High Courts, the judiciary plays a major role and the executive merely acts as a check on the exercise of power by the Chief Justice.

Till 1993 the judges of the Supreme Court were appointed by the President on the recommendation of the Chief Justice of India.
According to the present procedure a committee of five senior most judges of the Supreme Court headed by the Chief Justice of India recommends the names to the Law Ministry.
After the scrutiny of the names the same are forwarded to the PMO.
After scrutiny of Ministry's comments, the papers are forwarded to the President.
The President can either approve the names or send back the papers for reconsideration to the Supreme Court.
If the Supreme Court forwards the same names to the President for the second time the President has to approve the same.

Qualifications: To be appointed judge of the Supreme Court, a person
(a) must be a citizen of India
(b) must have been a judge of a High Court or of two such courts in succession for a period of five years; or an advocate of a High Court for at least 10 years; or is, in the view of the President, a distinguished jurist of the country.
It may be observed that so far no non-practising person has been appointed as judge of the Supreme Court in India.

The Chief Justice and other judges of the Supreme Court hold office till they attain the age of 65 years.
They can relinquish office earlier by addressing their resignation to the President.
They can be removed from office before the age of retirement by the President on the basis of a resolution passed by the Parliament on grounds of proved misbehavior or incapacity.
So far no judge of Supreme Court has been removed from office through impeachment.

For the first time impeachment proceeding were initiated against Justice V Ramaswami in October 1989 following reports in the newspapers about audit objections to the purchase of furniture, carpets and air conditioners far in excess of the limits prescribed for judges, when he was ChiefJustice of the Punjab and Haryana High Court.
A motion by 108 MPs was admitted by the Speaker of Lok Sabha in March 1990.
The Speaker constituted a three judge committee of Supreme Court judges to enquire into the allegations of financial irregularities against Justice Ramaswami.

However, the motion fell due to dissolution of the Lok Sabha following the fall of the VP Singh Government.
The impeachment motion was taken up by the new Lok Sabha, but it fell as it failed to secure the support of two-third majority of the members present and voting. This was largely due to the decision of the Congress party to abstain from voting.

The salaries of judges of the Supreme Court and High Courts were specified in Part D of the Second Schedule by the Constitution.
Thus at present the Chief Justice of India draws a salary of Rs 1 Lakh, while the other judges of Supreme Court draw a salary of Rs 90,000.
The sumptuary and furnishing allowances of the judges have been doubled from 1 September 2008.
The salaries of the Supreme Court judges and other expenses of the Supreme Court are charged on the Consolidated Fund of India.
The salaries and other privileges of the judges cannot be curtailed during their tenure.

Ad hoc Judges: There is also provision for appointment of ad hoc judges in the Supreme Court. Such judges can be appointed by the Chief Justice of India with the prior consent of the President, if there is no quorum of judges available in the court to hold and continue any session of the court.
The Chief Justice of India can request a judge of a High Court to act as an adhoc judge in the Supreme Court for such period as may be necessary.
It may be noted that only such persons can be appointed as ad hoc judges who are qualified to be appointed as a judge of Supreme Court.

Seat: The Supreme Court normally sits at New Delhi. However, it can hold its meeting at any other place in India.
The decision in this regard is taken by the Chief Justice of India in consultation with the President.
Thrice a demand was made (in 1999, 2001 and 2004) by the government for setting up regional benches of the Supreme Court in Chennai, Kolkata and Mumbai, but the request was turned down by the Supreme Court.

Independence of Judges: The Constitution has made elaborate provisions to ensure the independence of judges.
1. The salaries and allowances of judges have been charged on the Consolidated Fund of India and are not subject to a vote of Parliament.
2. The salaries and other service conditions of judges cannot be changed to their disadvantage during their tenure.
3. The removal of the judges has been made quite difficult. They can be removed from office by the President only on grounds of proved misbehavior or incapacity on the basis of a resolution passed by the two houses of Parliament by two-third majority.
4. Judges are barred from carrying on any practice before any court in India after their retirement.

5. The decisions and actions of judges cannot be criticized and a person can be punished for contempt of the court.
6. The conduct of judges cannot be discussed in the Parliament or the state legislature.
7. The appointment of judges of Supreme Court does not depend on the discretion of the President. The President has to consult the judges of the Supreme Court and such other courts as he may deem fit, while appointing the judges.
8. The court enjoys complete freedom with regard to appointment of officers and servants of the court.

Jurisdiction of the Supreme Court: The Supreme Court enjoys three types of jurisdictions.
Original jurisdiction: This means that certain types of cases can originate with the Supreme Court alone. The Supreme Court has original jurisdiction in
(a) disputes between the Centre and one or more states (Article 131)
(b) disputes between the Centre and any state or states on the one hand and one or more states on the other (Article 131)
(c) disputes between two or more states (Article 131)
(d) disputes regarding the enforcement of Fundamental Rights. (Article 32)

Appellate jurisdiction: The Supreme Court is the highest court of appeal and its writs and decrees run throughout the country. All cases that come to the Supreme Court in the form of appeals against judgments of lower courts fall in the appellate jurisdiction of the Supreme Court (Articles 132, 133, 134).
Three types of cases fall within the appellate jurisdiction of the Supreme Court-constitutional, civil, criminal.
An appeal can be made to the Supreme Court against any judgment, decree or final order of a High Court if the High Court certifies that the case involves substantial question of law as to the interpretation of the Constitution.

An appeal can be made to Supreme Court in civil cases against judgement, decree or final order in a civil proceeding of a High Court only if the High Court certifies
(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
An appeal can be made to the Supreme Court against the judgment, final order or sentence in a criminal proceeding of a High Court if the High Court certifies that it is a fit case for appeal to the Supreme Court.

Without the certificate of the High Court also an appeal can be made to the Supreme Court if the High Court
(a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death;
(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.
It may be observed that if the High Court has reversed the order of conviction and has ordered the acquittal of an accused, no appeal would lie to the Supreme Court.

Advisory Jurisdiction: If the President feels that a question of law or fact has arisen or is likely to arise, and the question is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he can refer the same to the Supreme Court for advisory opinion (Article 143).
The Supreme Court is duty bound to give its opinion on the matter referred to it by the President. However, the opinion of the Supreme Court is not binding on the President.

Court of Record: The Supreme Court is a court of record (Article 129) and its records are admitted to be of evidentiary value and cannot be questioned in any court. As a court of record it also enjoys the power to punish for its contempt.
The punishment can be simple imprisonment for a term up to six months, or fine up to Rs 2,000 or both.

Other Powers: The Supreme Court enjoys numerous other powers.
(a) It appoints its officers and servants in consultation with the UPSC and determines their conditions of service with the approval of the President.
(b) It can make rules regarding the practice and procedure of the court with the approval of the President.
(c) It can appoint arbitrators to decide cases and disputes relating to extra costs incurred by the state government in carrying out the directions of the Union Government.
(d) It looks into disputes regarding the election of President and Vice-President.
(e) It can recommend the removal of the Chairman and members of the UPSC to the President.

The Supreme Court and Judicial Review: The supreme Court also enjoys the power of judicial review which means that it can ensure that the laws passed by the legislature and the orders issued by the executive do not contravene any provision of the Constitution. If they go against any provision of the constitution, it can declare them unconstitutional.
Any law which is declared as unconstitutional by the Supreme Court cannot be enforced.
The Supreme Court also protects the Fundamental Rights of Indian citizens through various types of writs.
It acts as the guardian of the Constitution as well.

This quiz has been prepared with questions related to Indian Polity-Supreme court. These question were asked in various competitive exams across India. You can practice these questions to gain more knowledge.

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