Supreme & High Court
Supreme Court
» Every Judge of the Supreme Court after consulting the Chief Justice of the Supreme Court, is appointed by the President of India.
» In appointment of the Chief Justice of India, President can consult such Judges of the Supreme Court and the High Court as he thinks appropriate.
» A person is qualified for appointment as a judge of the Supreme Court, if he is:
★ A citizen of India
★ Has been a High Court Judge for at least 5 years
★ Has been an Advocate of a High Court, or two or more courts in succession for at least 10 years {Ref.: Art. 124(3)}.
» No minimum age or fixed period of office is prescribed for appointment as a Judge of the Supreme Court.
» A Judge of Supreme Court ceases to be so, on :
★ Attaining the age of 65 years
★ Resigning in writing addressed to the President
★ On being removed by the President
★ The only grounds for such removal are proved misbehavior and incapacity {Ref.: Art. 124(4)}
» Procedure for removal or impeachment of a Supreme Court Judge :
★ A motion addressed to the President signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha is delivered to the Speaker or the Chairman.
★ The motion is investigated by a Committee of 3 (2 Judges of the Supreme Court and a distinguished Jurist).
★ If the Committee finds the Judge guilty, report of Committee is considered in the House where the Motion is pending.
★ If the motion is passed in each House by majority of the total membership of the House and by a majority of not less than two-thirds of the members present and voting the address is presented to the President.
» The Judge is removed after the President gives his order for removal on such address.
» The procedure for impeachment is the same for Judges of the Supreme Court and the High Courts.
» After retirement a Judge of the Supreme Court can not plead or act in any Court or before any authority within the territory of India {Ref.: Art. 124(7)}.
» Jurisdiction of the Supreme Court is three-fold : 1. Original; 2. Appellate; and 3. Advisory
» Disputes between different States of the Union or between Union and any state is within exclusive Original jurisdiction of the Supreme Court {Ref.: Art. 131}
» The jurisdiction of the Supreme Court to entertain an application under Art. 32 for the issue of writs for the enforcement of Fundamental Rights is treated as an 'original' jurisdiction of the Supreme Court though called Writ Jurisdiction.
» The Supreme Court is the highest court of appeal from all courts in the territory of India.
» Supreme. Court is the highest authority for interpretation of the Constitution.
» Supreme Court may hear appeals by granting special leave against any kind of judgement or order made by any court or tribunal (except a military tribunal).
» Under advisory jurisdiction, Supreme Court can give its opinion on any matter of law or fact of public importance referred to it by the President. {Ref.: Art. 143}.
The High Court
» Court is the head of the Judiciary in the State.
» Every Judge of a High Court is appointed by the President.
» In making appointment as a High Court Judge, President can consult the Chief Justice of India, the Governor of the State and also the Chief Justice of that High Court.
» A Judge of the High Court can hold office until the age of 62 years.
» A High Court Judge can leave his office :
★ By resignation in writing addressed to the President.
★ By being appointed a Judge of the Supreme Court or being transferred to any other High Court by the President.
★ By removal by the President.
★ The mode of removal of a Judge of the High Court is same as that of a Judge of the Supreme Court.
» The qualifications for being a Judge of the High Court are :
★ Be a citizen of India.
★ Not above 62 years of age.
★ Must have held for at least 10 years a judicial office in territory of India or experience of at least 10 years as advocate of a High Court, or of two or more such courts in succession in India.
» Salaries and allowances of the High Court Judges are charged on the Consolidated Fund of the State [Art. 202(3) (d)].
» After retirement a permanent Judge of High Court can not plead or act in a Court or before any authority in India, except the Supreme Court and a High Court in which he has not worked.