Supreme court of india

1. Supreme Court of India

2. Structure
Supreme
Court
High Court
District
Court
Civil Judge
Small Civil
Cases
Criminal
Magistrate

3. Supreme Court of India

4. Chief Justice of India
H.L. Dattu

5. Appointment of Judges
• Appoint by the president of India.
• Citizen of India.
• High Court Judge for at least 5 years
OR
High Court Advocate for at least 10 years
OR
Distinguished Jurist
• Hold office till the age 65.

6. Independence of Judges
• Appointment of Judge after Consulting Judges
• Removal by Special Majority
• Discussion of the conduct of Judges prohibited in
Parliament
• Power to punish for its Contempt

7. Removal of a Judge
• Grounds: Proved Misbehaviour or Incapacity
• Procedure:
– A Motion addressed to the President signed by
100 members of Loksabha or 50 members of
Rajyasabha
– Investigation by Judges’ Inquiry Committee
– Motion carried in each House by majority of
the total membership and by a majority of at
least two thirds members present and voting
– President’s order for removal of the Judge

8. Overview
• Supreme Court is the highest interpreter of the
constitution of the country.
• Supreme Court of India came into existence on 26th
January, 1950.
• Located at Tilak Marg, New Delhi.

9. Powers and Functions
• Guardian of the constitution
• Original Jurisdiction
• Defender of the Federation
• Enforcement of fundamental rights
• Appellate Jurisdiction: Civil & Criminal
• Special Leave to Appeal
• Advisory Jurisdiction
• Review(Revisory Jurisdiction)
• Court of Records
• Contempt of Court
• Power of Judicial Review

10. Guardian of the constitution
• Supreme court enjoys the privilege of protecting the
constitution against violation of its provisions either
by government or by the people.
• It acts as the watch tower of the constitution and
also exercise the power of interpreting the contents
of the constitution.

11. Original Jurisdiction
• Dispute between:
• Government of India and one or more States
• Between the Government of India and any State
• States on one side and one or more States on the
other
• Between two or more States
• Subject matter of Dispute:
Any question of Law or Fact on which existence or
extent of legal right depends.
• Exceptions:
– Pre-Constitution Treaties, Agreements
– Inter-State Water disputes

12. Writ Jurisdiction
• Habeas Corpus
• Mandamus
• Prohibition
• Certiorari
• Quo Warranto

13. Habeas Corpus
• To have a body.
• Object: To set free a person illegally
detained
• Petition by friend/Relative also.
• Writ addressed to:
– Government
– An Official
– Private Person
• For disobedience : Contempt of Court

14. Mandamus
• Mandamus = A Command
• Order to do something: demands some activity
• Command to perform Public or Quasi-public duty
• Writ available against:
– Government
– Public Servant
– Judicial Body
• Writ not available against
– President of India
– Governor
– Private Individual

15. Prohibition
• Order to stay a judicial Proceeding
• A writ of prohibition is issued to prevent an
inferior court or tribunal from exceeding its
jurisdiction.

16. Certiorari
• A writ of certiorari is issued by the supreme
court or high court to nullify an order made
without jurisdiction or in violation of the rules of
natural justice by an inferior court.

17. Quo Warranto
• Quo Warranto = What is your authority?
• Court inquires into legality of claim to Public
Office
• Object: To prevent usurpation of Public Office
• When?
– Disqualified for the post
– Procedure not followed
– Irregular appointment

18. Appellate Jurisdiction:
Civil & Criminal
• The appellate jurisdiction of the Supreme Court can be
invoked by a certificate granted by the High Court concerned
under Article 132(1), 133(1) or 134 of the Constitution in
respect of any judgement, decree or final order of a High
Court in both civil and criminal cases, involving substantial
questions of law as to the interpretation of the Constitution.
• Appeals also lie to the Supreme Court in civil matters if the
High Court concerned certifies :
• that the case involves a substantial question of law
of general importance.
• that, in the opinion of the High Court, the said
question needs to be decided by the Supreme
Court.

19. Special Leave to Appeal
• Appeals from any judgment, decree, order,
sentence, determination in any cause or
matter passed or made by any Court or
Tribunal
• Exception: Judgment of court of the Armed
Forces
• When?
– In exceptional cases
– Illegality, Irregularity, Error of Law
– Miscarriage of Justice
– Principles of Natural Justice violated

20. Advisory Jurisdiction
• President may refer to Supreme Court for
opinion
• Question of Law or Fact:
Which has arisen or likely to arise
And of great public importance
• Court may after ‘Hearing’ report to the
President
• Judges to hear: Minimum 5

21. Review
• To review any judgment pronounced
or order made
• Subject to Law passed by Parliament
• When?
– Discovery of new important matters of evidence
– Mistake or error on the face of the record
– Any other sufficient reason
• Review is exceptional phenomenon
Only where a grave and glaring error

22. Court of Record
• A court of record is a court where records
are admitted with evidentary value and
they are not to be questioned when they
are produced before the court.
• Power to punish for Contempt of itself

23. Miscellaneous
• Transfer of Cases, Appeals from one High
Court to another
• Withdrawal of cases from High Court
• Precedent: Law declared by Supreme Court
binding on all courts. (Art. 141)
• Art. 142: Doing complete justice
• Rule making power
• Interpretation of the Constitution
• Power of Judicial Review (Invalidating laws and
executive actions)

24. Thank You