Chapter Info (Click Here)
Book No. – 006 (Indian Polity)
Book Name – Introduction to the Indian Constitution (D.D. Basu)
What’s Inside the Chapter? (After Subscription)
1. Constitution, Organisation, and Composition of the Supreme Court
2. Appointment of Judges
3. Presidential Reference and the Collegium System
4. The National Judicial Appointments Commission (NJAC)
5. Functions and Provisions under the Amended Constitution
6. Judicial Review of the NJAC
7. Qualifications for Appointment as Judge of the Supreme Court
8. Tenure and Cessation of Office
9. Grounds and Meaning of Removal
10. Procedure of Impeachment
11. Salary and Allowances
12. Safeguards for Independence of Judges
13. Jurisdiction and Powers of the Supreme Court
14. Comparison with the American Supreme Court
15. Power to Frame Rules
16. Federal Nature and Original Jurisdiction
17. Supreme Court as the Final Appellate Tribunal
18. Judicial Control over Legislature and Executive
19. Jurisdiction of the Supreme Court
20. Original Jurisdiction under Article 131
21. Transfer of Cases
22. Matters Excluded from Original Jurisdiction
23. Jurisdiction of the Supreme Court under Article 32
24. Appellate Jurisdiction of the Supreme Court
25. Appeals in Civil Matters
26. Appeals in Criminal Matters
27. Discretionary Jurisdiction under Article 136
28. Principles Governing Article 136
29. Scope and Limitations of Article 136
30. Scope of Appeals under Article 136
31. Advisory Jurisdiction of the Supreme Court
32. References under Other Statutes
33. Statutory Appeals to the Supreme Court
34. Contempt Jurisdiction of the Supreme Court
35. Review Jurisdiction of the Supreme Court
36. Curative Petitions in the Supreme Court
37. Election Petitions
38. Curtailment of Jurisdiction by the 42nd Amendment
39. Chief Justice of India under RTI Act
40. Social Justice Jurisdiction
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The Supreme Court
Chapter – 22
Constitution, Organisation, and Composition of the Supreme Court
Parliament has the power to make laws regulating the constitution, organisation, jurisdiction, and powers of the Supreme Court. Subject to such legislation, the Court consists of the Chief Justice of India (CJI) and not more than thirty-three Judges [Article 124].
The Chief Justice of India, with the prior consent of the President, may request a retired Supreme Court Judge to act temporarily as a Judge of the Court.
Similarly, if there is a lack of quorum among permanent Judges, a High Court Judge may be appointed as an ad hoc Judge of the Supreme Court for a temporary period [Articles 127–128].
Appointment of Judges
Every Judge of the Supreme Court is appointed by the President of India.
In making such appointments, the President must consult other Judges of the Supreme Court and High Courts, in addition to taking the advice of his Ministers.
Appointment of the Chief Justice of India:
For the office of the Chief Justice of India, the President consults such Judges of the Supreme Court and High Courts as he may deem necessary.
A nine-Judge Bench of the Supreme Court has laid down that the senior-most Judge of the Supreme Court, considered fit to hold the office, should be appointed as the Chief Justice of India.
Appointment of Other Judges:
For the appointment of other Supreme Court Judges, consultation with the Chief Justice of India is obligatory [Article 124(2)].
In practice, consultation generally means concurrence, ensuring the Executive does not act unilaterally.
This provision modifies the role of the Executive by mandating consultation with the Judiciary, which is best qualified to provide an informed opinion on such appointments.
Presidential Reference and the Collegium System
In a reference under Article 143, relating to judicial appointments and the role of seniority, a nine-Judge Bench of the Supreme Court clarified the process of judicial appointments, establishing the collegium system.
Key points laid down include:
Primacy of the CJI’s opinion in the consultative process, formed through consultation with the collegium, comprising the CJI and four senior-most Judges of the Supreme Court.
If the next-in-line Judge (to succeed as CJI) is not part of the collegium, he must also be included.
Views must be obtained in writing.
Views of senior-most Judges of the Supreme Court hailing from the concerned High Court must also be obtained in writing.
The recommendation of the collegium, along with members’ views and those of senior-most Judges from the concerned High Court, must be conveyed to the Government of India.
The substance of opinions from other consultees, including Members of the Bar, should be recorded in the memorandum and conveyed to the Government.
Normally, recommendations must be made by consensus.
If the CJI dissents, no appointment should be made.
If two or more collegium members dissent, the CJI should not persist with the recommendation.
In case of non-appointment, the Government’s objections must be reconsidered by the collegium.
Only if the collegium unanimously reiterates the recommendation must the appointment be made.
The CJI may, at his discretion, share with the recommended candidate the Government’s objections, inviting a response, which should be considered before deciding.
Merit should be the predominant consideration, though inter-seniority within High Courts and on an all-India basis must also be considered.
Outstanding merit may override seniority, provided cogent reasons are recorded.
For candidates of equal merit, representation of unrepresented High Courts in the Supreme Court may be considered.
A Judge once passed over may be reconsidered later, unless strong reasons are recorded against future appointment.
Recommendations made by the CJI without following these norms are not binding on the Government of India.