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The Supreme Court

An Integrated Judicial system has been established under the Indian Constitution in which Supreme Court is at the top. Below the Supreme Court there are various High Courts. *This single system of Judiciary has been adopted from the Government of India Act 1935. The Supreme Court of india was inaugurated on 28 January 1950. Article 124 to 147 in part of Indian Constitution deals with the Supreme Court. The Supreme Court of India consists of Chief Justice of India and 33 other judges. “Earlier there were 30 Judges and a Chief Justice. Supreme Court (Number of Judges) amendment Act, 2019 increased the number of Judges including Chief Justice from 31 to 34. President of India appoints the judges of the Supreme Court. “President appoints Chief Justice after consultation with the other judges of the Supreme Court of India and the judges of the high courts. The person to be appointed as a Judge of the Supreme Court must be a citizen of India and he should be, for at least 5 years, a Judge of a High Court or of two or more such courts in succession; or he has been for at least ten years an advocate of a High Court or of two or more such courts in succession; or he must be a distinguished jurist in the opinion of President. “No minimum age is prescribed for the appointment of judges of Supreme Court. *Parliament has the power to increase the number of Judges in Supreme Court. A person appointed as the Judge of the Supreme Court has to make and subscribe an oath or affirmation before the President. Judges can give their resignation in writing to the President. Judges of Supreme Court can be removed by the President after the recommendation of the Parliament.

Recommendation of Parliament for removal of Judges must be passed by a special majority in cach house of the Parliament. The recommendation of Parliament is presented to the President in the same session. The Ground on which removal of judges take place are proved misbehaviour and incapacity. These removal can be declared unconstitutional and illegal in the state of being extra ordinate. “The Judges of the Supreme Court retires at the age of 65 years. *Salary and other allowances of the Supreme Court Judges are determined by Parliament. Under article 127, the Chief Justice of India can appoint a judge of a High Court as Ad hoc Judge of the Supreme Court for a temporary period to complete the quorum of the Judges. The bench hearing a case related to the interpretation of the Constitution should have at least 5 judges. According to article 129, Supreme Court is a Court of Record. It has power to punish for its contempt. “Court of Record means court whose proceedings are kept as record and are available as an evidence of fact Article 131 deals with the original jusrisdiction of the Supreme Court. Disputes between the Government of India and any of the States of the Union, the government of India and any State or States on one side and any other State or States on the other side or between two or more States comes under the original jurisdiction of the Supreme Court.Articles 132 to 136 deals with the Appellate jurisdiction of Supreme Court. The Supreme Court under its extraordinary powers conferred by Article 136 can interfere to quash the decision of a quasi – Judicial tribunal when the tribunal has either exceeded its jurisdiction or has approached the question referred to in manner which is likely to result in injustice. *Article 137 provides that the Supreme Court has the power to review any judgement pronounced or order made by itself. The concept of Judicial review is based on Procedure established by law. The last authority to interpret the Constitution is Supreme Court. It is called as the Guardian of the Indian Constitution. According to article 143, the President may seek the opinion of the Supreme Court on any question of law or fact of the public importance on which he thinks it is expedient to obtain such an opinion or an any dispute arising out of pre-constitutional treaty, agreement, covenant, engagement or other similar instruments. In first case the Supreme Court may tender or refuse to answer but in second case Supreme Court is binded to tender its opinion. *The Supreme Court can send any case to any court of the country. The source of the Doctrine of Basic structure of the Indian Constitution is Judicial interpretation. *Article 141 of Indian Constitution stipulates that the decision of the Supreme Court would be bounded upon other courts of India. *In the Keshvananda Bharati Case (1973), the Supreme Court propounded the Doctrine of the Basic Structure of the Indian Constitution.

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