1. Overview of the Indian Judicial System

  • Unified Judicial System
    • Unlike the U.S., India has a unified judicial system where the Supreme Court and high courts work under the same system, handling both federal and state laws.
    • U.S. courts are divided into federal and state systems.
  • Inception of the Supreme Court
    • Established on January 28, 1950, succeeding the Federal Court of India.
    • Supreme Court also replaced the British Privy Council as the highest appellate court.

2. Composition and Appointment of Judges

  • Current Composition
    • The Supreme Court currently has 34 judges (1 Chief Justice and 33 other judges).
    • Originally, the court had 8 judges; this number has been progressively increased by Parliament.
  • Appointment Process
    • Judges are appointed by the President of India.
    • Chief Justice is appointed after consultation with senior judges, while other judges are appointed after consultation with the Chief Justice.
  • Controversies and Collegium System
    • A series of Supreme Court judgments redefined the role of “consultation” in the appointment process.
    • The collegium system, established by judicial interpretation, vests the power of judicial appointments primarily in the hands of senior judges.
    • The National Judicial Appointments Commission (NJAC), introduced in 2014, was later declared unconstitutional, reinstating the collegium system.

3. Qualifications, Oath, and Salaries

  • Qualifications for Judges
    • Must be an Indian citizen.
    • Must have served as a high court judge for 5 years, or as an advocate for 10 years, or be a distinguished jurist.
  • Oath
    • Judges swear to uphold the Constitution and the sovereignty of India.
  • Salaries and Allowances
    • Salaries and allowances are set by Parliament and cannot be altered to their disadvantage, except during financial emergencies.

4. Tenure and Removal of Judges

  • Tenure
    • Judges serve until they reach 65 years of age.
    • They may resign by writing to the President or be removed for proven misbehavior or incapacity.
  • Impeachment Process
    • Removal of a judge requires a special majority in both houses of Parliament.
    • The Judges Inquiry Act governs the impeachment procedure.

5. Ad Hoc, Acting, and Retired Judges

  • Ad Hoc Judges
    • Appointed temporarily when there’s a shortage of permanent judges.
  • Acting Chief Justice
    • Appointed in the absence or incapacity of the Chief Justice.
  • Retired Judges
    • Retired judges can be requested to serve temporarily, with their consent and the President’s approval.

6. Jurisdiction and Powers of the Supreme Court

  • Original Jurisdiction
    • Federal disputes involving the center and states.
  • Writ Jurisdiction
    • Supreme Court can issue writs for enforcing fundamental rights.
  • Appellate Jurisdiction
    • Appeals from lower courts in civil, criminal, and constitutional matters.
  • Advisory Jurisdiction
    • The President can seek the court’s opinion on significant legal or factual questions.
  • Court of Record
    • Supreme Court’s judgments serve as precedents for future cases.
  • Judicial Review
    • Supreme Court has the power to review laws and executive orders and declare them unconstitutional if they violate the Constitution.

7. Independence of the Supreme Court

  • Provisions for Independence
    • Judges’ salaries are charged to the Consolidated Fund of India, preventing Parliament from reducing them arbitrarily.
    • Judges cannot practice in any court after retirement, ensuring impartiality.
  • Power to Punish for Contempt
    • The Supreme Court can punish individuals for contempt to maintain its dignity and authority.

8. Comparative Study: Indian and U.S. Supreme Courts

  • Original Jurisdiction
    • In the U.S., the Supreme Court has original jurisdiction over a wider range of cases, such as maritime disputes.
    • The Indian court’s original jurisdiction is mainly limited to federal disputes.
  • Judicial Review
    • The scope of judicial review is broader in the U.S., where the “due process of law” doctrine allows for reviewing both the legality and reasonableness of laws.
    • In India, judicial review is confined to checking whether laws conform to the Constitution.

9. Constitutional Interpretation

  • Doctrines Used by the Supreme Court
    • Doctrine of Severability: Invalid parts of a statute can be severed if they do not affect the validity of the rest.
    • Doctrine of Eclipse: Laws that conflict with fundamental rights become inoperative, but they are not invalidated completely.