The Supreme Court of India is the highest court in India authorized by constitution of India. The Supreme Court consists of Chief Justice of India and maximum 34 judges in the apex court. It was established on 28 January 1950, replacing the then highest Court, the federal court of India. The Part V of the constitution (Union), Chapter IV lists out articles related to the Union Judiciary. The constitution and jurisdiction of Supreme Court is stated in detail from articles 124 – 147. It is regarded as the most powerful public institution in India. It has extensive powers in the form of original, appellate and advisory jurisdictions. The Supreme Court deals with appeals against verdicts of the high courts of various states and other courts and tribunals. It also safeguards fundamental rights of citizens and settles disputes between various government authorities such as Central and State governments or disputes between different states. It is regarded as the most powerful public institution in India. Having thorough knowledge on constitution will help in cracking your competitive exams. In this article we will discuss about the articles mentioned in the constitution related to Supreme Court of India.
List of articles related to Supreme Court of India
Below we have mentioned in detail about all articles that states about the jurisdiction and powers exercised by the Supreme Court of India.
Part V of the constitution – The Union
Chapter IV: The Union Judiciary
Article 124: Establishment and Constitution of Supreme Courts
- Article 124 states about that there shall be a Supreme Court of India consisting of a Chief Justice of India and seven other Judges if necessary. Every Judge of the Supreme Court shall be appointed by the President of India. It also says about qualification required to be a Judge of Supreme Court. Qualification required for a Supreme Court Judge is as mentioned below-
He must be a citizen of India and –
(a) has must have served 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.
Article 124 also talks about the impeachment of judge of Supreme Court.
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Article 125: Salaries, etc., of Judges
- Article 125 of the Indian constitution states that the Indian Parliament will determine the salary, other allowances, leave of absence, pension, etc. of the Supreme Court Judges. However, the parliament cannot alter any of these privileges rights to the judge’s disadvantage after his/her appointment.
Article 128: Attendance of retired Judges at sittings of the Supreme Court
- It is stated in article128 that with the previous consent of the President the Chief Justice of India may at any time request any person who is a retired 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. Those judges so requested will be entitled to such allowances as the President may order and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that Court.
Article 129: Supreme Court to be a court of record
Article 129 says that 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 130: Seat of Supreme Court
The Supreme Court shall sit in Delhi or in such other places, as the Chief Justice of India may with the approval of the President from time to time appoint
Article 131: Original jurisdiction of the Supreme Court.
In Article 131 it is stated that The Supreme Court shall 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 or States on one side and one or more other States on the other; or
(c) between two or more States.
Article 132: Appellate jurisdiction of Supreme Court in appeals from High Court in certain cases
(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, if the High Court certifies under article 134A that the case involves a substantial question of law as to the interpretation of this Constitution. Where such a certificate is given, any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided.
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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) Not withstanding 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) 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 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) 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, and sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.
Article 137: Review of Judgements or orders by the Supreme Court
- Subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.
Article 138: Enlargement of the jurisdiction of the Supreme Court
(1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer.
(2) The Supreme Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court.
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.
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Article 140: Ancillary powers of Supreme Court
Parliament may by law make provision for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution.
Article 141: Law declared by Supreme Court to be binding on all courts
The law declared by the Supreme Court shall be binding on all courts within the territory of India.
Article 142: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.
Article 144: Civil and judicial authorities to act in aid of the Supreme Court
- All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.
Article 145: Rules of Court, etc.
- Subject to the provisions of any law made by Parliament, the Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the practice and procedure of the Court.
Article 146: Officers and servants and the expenses of the Supreme Court
(1) Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the Court as he may direct:
Provided that the President may by rule require that in such cases as may be specified in the rule, no person not already attached to the Court shall be appointed to any office connected with the Court, save after consultation with the Union Public Service Commission.
(2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other Judge or officer of the Court authorized by the Chief Justice of India to make rules for the purpose:
Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President.
(3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of India, and any fees or other moneys taken by the Court shall form part of that Fund.
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