Sanctioned strength= 31(30+1) Actual present strength= 28(27+1)
CHIEF JUSTICE OF INDIA
CURRENTLY J. S. Khehar
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* v * t * e
The SUPREME COURT OF INDIA is the highest judicial forum and final court of appeal under the Constitution of India , the highest constitutional court, with the power of constitutional review . Consisting of the Chief Justice of India and 30 other judges, it has extensive powers in the form of original , appellate and advisory jurisdictions .
As the final court of appeal of the country, it takes up appeals primarily against verdicts of the High Courts of various states of the Union and other courts and tribunals. It safeguards fundamental rights of citizens and settles disputes between various governments in the country. As an advisory court, it hears matters which may specifically be referred to it under the Constitution by the President of India . It also may take cognisance of matters on its own (or 'suo moto'), without anyone drawing its attention to them. The law declared by the Supreme Court becomes binding on all courts within India.
* 1 History
* 2 Court building and architecture
* 2.1 Mother and Child Sculpture * 2.2 Seal
* 3 Constitution of the court
* 3.1 Registry * 3.2 Supreme Court advocates
* 4 Composition
* 4.1 Size of the court * 4.2 Eligibility * 4.3 Court demographics
* 5 Judicial independence
* 5.1 Appointments and the Collegium * 5.2 Tenure * 5.3 Salary * 5.4 Removal * 5.5 Post-retirement * 5.6 Review Petition * 5.7 Powers to punish for contempt
* 6 Rules * 7 Reporting and citation * 8 Facilities on the campus
* 9 Landmark judgments
* 9.1 Land reform * 9.2 Emergency (1975-1977) * 9.3 Post-1980: an assertive court
* 9.4 Recent important cases
* 9.4.1 2G spectrum scam * 9.4.2 Black money * 9.4.3 Minority reservations * 9.4.4 Online/Postal Ballot For Indians Citizens Living Abroad (NRIs) * 9.4.5 Recognition of transgender as \'third gender\' in law
* 9.5 Relief to over 35,000 public servants
* 10 Criticism
* 10.1 Corruption and misconduct of judges * 10.2 Pendency of cases
* 11 See also * 12 References * 13 External links
In 1861 the Indian High Courts Act 1861 was enacted to create High Courts for various provinces and abolished Supreme Courts at Calcutta, Madras and Bombay and also the Sadar Adalats in Presidency towns which had acted as the highest court in their respective regions. These new High Courts had the distinction of being the highest Courts for all cases till the creation of Federal Court of India under the Government of India Act 1935 . The Federal Court had jurisdiction to solve disputes between provinces and federal states and hear appeal against judgements of the High Courts.
The Supreme Court of India came into being on 28 January 1950. It replaced both the Federal Court of India and the Judicial Committee of the Privy Council which were then at the apex of the Indian court system.
Supreme Court initially had its seat at Chamber of Princes in the Parliament building where the previous Federal Court of India sat from 1937 to 1950. The first Chief Justice of India was Sir H J Kania. In 1958, the Supreme Court moved to its present premises. Originally, Constitution of India envisaged a Supreme Court with a Chief Justice and seven Judges; leaving it to Parliament to increase this number. In formative years, the Supreme Court met from 10 to 12 in the morning and then 2 to 4 in the afternoon for 28 days in a month.
COURT BUILDING AND ARCHITECTURE
Central Wing of the Court where the Chief Justice's courtroom is located
The building is shaped to symbolize scales of justice with its centre-beam being the Central Wing of the building comprising the Chief Justice’s court, the largest of the courtrooms, with two court halls on either side. The Right Wing of the structure has the bar - room, the offices of the Attorney General of India and other law officers and the library of the court. The Left Wing has the offices of the court. In all, there are 15 courtrooms in the various wings of the building. Left side of the Supreme Court building
The foundation stone of the supreme court's building was laid on 29 October 1954 by Rajendra Prasad, the first President of India. The main block of the building has been built on a triangular plot of 17 acres and has been designed in an Indo-British style by the chief architect Ganesh Bhikaji Deolalikar, the first Indian to head the Central Public Works Department. The Court moved into the building in 1958. In 1979, two new wings - the East Wing and the West Wing - were added to the complex. 1994 saw the last extension.
MOTHER AND CHILD SCULPTURE
On 20 February 1980, a black bronze sculpture of 210-centimeter height was installed on the lawn of the Supreme Court. It portrays Mother India in the form of the figure of a lady, sheltering the young Republic of India represented by the symbol of a child, who is upholding the laws of land symbolically shown in the form of an open book. On the book, a balance is shown, which represents dispensation of equal justice to all. The sculpture was made by the renowned artist Chintamoni Kar . The sculpture is just behind the idol of Mahatma Gandhi.
The design of the Court's seal is reproduced from the wheel that appears on the abacus of the Sarnath Lion capital of Asoka with 24 spokes. The inscription in Sanskrit "yatodharmastato jayah"(यतो धर्मस्ततो जयः) means "whence law (dharma), thence victory". It is also referred to - as the wheel of righteousness, encompassing truth, goodness and equity .
CONSTITUTION OF THE COURT
Supreme Court building with the sculpture in the foreground
The registry of the Supreme Court is headed by the Secretary-General who is assisted by 8 registrars, several additional and deputy registrars, etc., with 1770 employees in all (221 gazetted officers, 805 non-gazetted and 744 Class IV employees) Article 146 of the Constitution deals with the appointments of officers and servants of the Supreme Court registry.
SUPREME COURT ADVOCATES
Main article: Advocates-on-Record
Supreme Court Rules, 2013 entitle only those advocates who are registered with the supreme court, called 'Advocates-on-Record' to appear, act and plead for a party in the court. Those advocates who are designated as \'Senior Advocates\' by the Supreme Court or any of the High Courts can appear for clients along with an Advocate-on-Record. Any other advocate can appear for a party along with or under instructions from an Advocate-on-Record.
SIZE OF THE COURT
As originally enacted, the Constitution of India provided for a Supreme Court with a Chief Justice and 7 judges. In the early years, a full bench of the Supreme Court sat together to hear the cases presented before them. As the work of the Court increased and cases began to accumulate, Parliament increased the number of judges from the original 8 in 1950 to 10 in 1956, 13 in 1960, 17 in 1977, 26 in 1986 and 31 in 2008 (current strength). As the number of the judges has increased, they sit in smaller benches of two or three (referred to as a _division bench _) — coming together in larger benches of five or more (referred to as a _constitution bench_) when required to settle fundamental questions of law. A bench may refer a case before it to a larger bench, should the need arise.
A citizen of India who has been
* a judge of one high court or more (continuously), for at least five years, or * an advocate there, for at least ten years, or * a distinguished jurist , in the opinion of the president,
is eligible to be recommended for appointment, a judge of the supreme court.
I am proud to be an Indian. India is the only country where a member of the minority Parsi community with a population of 1,67,000, like myself, can aspire to attain the post of the Chief Justice of India. These things do not happen in our neighbouring countries. Former Chief Justice of India , S. H. Kapadia
In practice, judges of the supreme court have been selected so far, mostly from amongst judges of the high courts. Barely six - Justices S. M. Sikri , S. Chandra Roy , Kuldip Singh , Santosh Hegde , R. F. Nariman , U. U. Lalit and L. Nageshwara Rao have been appointed to the supreme court directly from the bar (i.e. who were practising advocates).
The supreme court saw its first woman judge when Justice M. Fathima Beevi was sworn into office in 1989. The sixth and the most recent woman judge in the court is Justice R. Banumathi. In 1968, Justice Mohammad Hidayatullah became the first Muslim Chief Justice of India. In 2000, Justice K. G. Balakrishnan became the first judge from the _dalit _ community. In 2007 he also became the first _dalit_ Chief Justice of India. In 2010, Justice S. H. Kapadia coming from a Parsi minority community became the Chief Justice of India. In 2017, Justice Jagdish Singh Khehar became the first Sikh Chief Justice of India.
The Constitution seeks to ensure the independence of Supreme Court Judges in various ways.
APPOINTMENTS AND THE COLLEGIUM
As per the Constitution, as held by the court in the Three Judges' Cases - (1982, 1993, 1998), a judge is appointed to the Supreme Court by the President of India on the recommendation of the _collegium_ — a closed group of the Chief Justice of India, the four most senior judges of the court and the senior-most judge hailing from the high court of a prospective appointee. This has resulted in a Memorandum of Procedure being followed, for the appointments.
Judges used to be appointed by the President on the advice of the Union Cabinet . After 1993 (the Second Judges' Case), no minister, or even the executive collectively, can suggest any names to the President, who ultimately decides on appointing them from a list of names recommended only by the _collegium_ of the judiciary. Simultaneously, as held in that judgment, the executive was given the power to reject a recommended name. However, according to some, the executive has not been diligent in using this power to reject the names of bad candidates recommended by the judiciary.
The collegium system has come under a fair amount of criticism. In 2015, the Parliament passed a law to replace the collegium with a National Judicial Appointments Commission (NJAC). This was struck down as unconstitutional by the Supreme Court, in the Fourth Judges' Case, as the new system would undermine the independence of the judiciary. Putting the old system of the collegium back, the court invited suggestions, even from the general public, on how to improve the collegium system, broadly along the lines of - setting up an eligibility criteria for appointments, a permanent secretariat to help the collegium sift through material on potential candidates, infusing more transparency into the selection process, grievance redressal and any other suggestion not in these four categories, like transfer of judges. This resulted in the court asking the government and the collegium to finalize the Memorandum of Procedure incorporating the above.
Once, in 2009, the recommendation for the appointment of a judge of a high court made by the collegium of that court, had come to be challenged in the supreme court. The court held that who could become a judge was a matter of fact, and any person had a right to question it. But who should become a judge was a matter of opinion and could not be questioned. As long as an effective consultation took place within a collegium in arriving at that opinion, the content or material placed before it to form the opinion could not be called for scrutiny in court.
Supreme Court judges retire at the age of 65. However, there have been suggestions, including from the judges of the Supreme Court of India, to provide for a fixed term for the judges there including the Chief Justice of India.
Article 125 of the Indian Constitution leaves it to the Indian Parliament to determine the salary, other allowances, leave of absence, pension, etc. of the Supreme Court judges. However, the Parliament cannot alter any of these privileges and rights to the judge's disadvantage after his/her appointment. A judge gets ₹90,000 (US$1,400) per month, the Chief Justice earns an additional ₹10,000 (US$160).
A judge of the Supreme Court can be removed under the Constitution only on grounds of proven misconduct or incapacity and by an order of the President of India, after a notice signed by at least 100 members of the Lok Sabha (House of the People) or 50 members of the Rajya Sabha (Council of the States) is passed by a two-third majority in each House of the Parliament.
A Person who has retired as a Judge of the Supreme Court is debarred from practicing in any court of law or before any other authority in India.
Further information: Review petition
Article 137 of the Constitution of India lays down provision for the power of the Supreme Court to review its own judgments. As per this Article, subject to the provisions of any law made by Parliament or any rules made under Article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.
Under Order XL of the Supreme Court Rules, that have been framed under its powers under Article 145 of the Constitution, the Supreme Court may review its judgment or order but no application for review is to be entertained in a civil proceeding except on the grounds mentioned in Order XLVII, Rule 1 of the Code of Civil Procedure.
POWERS TO PUNISH FOR CONTEMPT
Under Articles 129 and 142 of the Constitution the Supreme Court has been vested with power to punish anyone for contempt of any court in India including itself. The Supreme Court performed an unprecedented action when it directed a sitting Minister of the state of Maharashtra, Swaroop Singh Naik, to be jailed for 1-month on a charge of contempt of court on 12 May 2006. This was the first time that a serving Minister was ever jailed.
The Constitution of India under Article 145 empowers the Supreme Court to frame its own rules for regulating the practice and procedure of the Court as and when required (with the approval of the President of India). Accordingly, "Supreme Court Rules, 1950" were framed. The 1950 Rules were replaced by the Supreme Court Rules, 1966.
In 2014, Supreme Court notified the Supreme Court Rules, 2013 replacing the 1966 Rules effective from 19 August 2014.
REPORTING AND CITATION
Supreme Court Reports is the official journal of Reportable Supreme Court Decisions. It is published under the authority of the Supreme Court of India by the Controller of Publications, Government of India, Delhi. In addition, there are many other reputed private journals that report Supreme Court decisions. Some of these other important journals are: SCR (The Supreme Court Reports), SCC(Supreme Court Cases), AIR (All India Reporter), SCALE, etc.
FACILITIES ON THE CAMPUS
Legal-aid , court-fee vendors, first-aid post, dental clinic, physiotherapy unit and pathology lab; rail-reservation counter, canteen, post office and a branch and 3 ATMs of UCO Bank, Supreme Court Museum can be availed by litigants and visitors.
After some of the courts overturned state laws for redistributing land from _zamindar _ (landlord) estates on the ground that the laws violated the zamindars' fundamental rights, the Parliament passed the 1st amendment to the Constitution in 1951, followed by the 4th amendment in 1955, to uphold its authority to redistribute land. The Supreme Court countered these amendments in 1967 when it ruled in _ Golaknath v. State of Punjab _ that the Parliament did not have the power to abrogate fundamental rights, including the provisions on private property. The 25th amendment to the Constitution in 1971 curtailed the right of a citizen to property as a fundamental right and gave authority to the government to infringe private property, which led to a furor amongst the _zamindars_.
The independence of judiciary was severely curtailed during the Indian Emergency (1975-1977) of Indira Gandhi. The constitutional rights of imprisoned persons were restricted under Preventive detention laws passed by the parliament. In the case of Shiva Kant Shukla _Additional District Magistrate of Jabalpur v. Shiv Kant Shukla_, popularly known as the _Habeas Corpus case_, a bench of five seniormost judges of Supreme court ruled in favour of state's right for unrestricted powers of detention during the emergency. Justices A.N. Ray , P. N. Bhagwati , Y. V. Chandrachud , and M.H. Beg, stated in the majority decision: (under the declaration of emergency) no person has any locus to move any writ petition under Art. 226 before a High Court for habeas corpus or any other writ or order or direction to challenge the legality of an order of detention.
The only dissenting opinion was from Justice H. R. Khanna , who stated: detention without trial is an anathema to all those who love personal liberty... A dissent is an appeal to the brooding spirit of the law, to the intelligence of a future day, when a later decision may possibly correct the error into which the dissenting Judge believes the court to have been betrayed.
It is believed that before delivering his dissenting opinion, Justice Khanna had mentioned to his sister: "I have prepared my judgment, which is going to cost me the Chief Justice-ship of India." In January 1977, Justice Khanna was superseded despite being the most senior judge at the time and thereby Government broke the convention of appointing only the senior most judge to the position of Chief Justice of India. Justice Khanna remains a legendary figure among the legal fraternity in India for this decision.
The New York Times, wrote of this opinion: "The submission of an independent judiciary to absolutist government is virtually the last step in the destruction of a democratic society; and the Indian Supreme Court's decision appears close to utter surrender."
During the emergency period, the government also passed the 39th amendment, which sought to limit judicial review for the election of the Prime Minister; only a body constituted by Parliament could review this election. Subsequently, the parliament, with most opposition members in jail during the emergency, passed the 42nd Amendment which prevented any court from reviewing any amendment to the constitution with the exception of procedural issues concerning ratification. A few years after the emergency, however, the Supreme court rejected the absoluteness of the 42nd amendment and reaffirmed its power of judicial review in the _Minerva Mills_ case (1980).
POST-1980: AN ASSERTIVE COURT
See also: Judicial Activism In India
After Indira Gandhi lost elections in 1977, the new government of Morarji Desai, and especially law minister Shanti Bhushan (who had earlier argued for the detenues in the _Habeas Corpus case_), introduced a number of amendments making it more difficult to declare and sustain an emergency, and reinstated much of the power to the Supreme Court. It is said that the Basic Structure doctrine, created in _ Kesavananda Bharati v. State of Kerala _, was strengthened in _Indira Gandhi's_ case and set in stone in .
The Supreme Court's creative and expansive interpretations of Article 21 (Life and Personal Liberty), primarily after the Emergency period, have given rise to a new jurisprudence of public interest litigation that has vigorously promoted many important economic and social rights (constitutionally protected but not enforceable) including, but not restricted to, the rights to free education, livelihood, a clean environment, food and many others. Civil and political rights (traditionally protected in the Fundamental Rights chapter of the Indian Constitution) have also been expanded and more fiercely protected. These new interpretations have opened the avenue for litigation on a number of important issues.
RECENT IMPORTANT CASES
Among the important pronouncements of the Supreme Court post 2000 is the Coelho case . A unanimous Bench of 9 judges reaffirmed the _basic structure_ doctrine. It held that a constitutional amendment which entails violation of any fundamental rights which the Court regards as forming part of the _basic structure_ of the Constitution, then the same can be struck down depending upon its impact and consequences. The judgment clearly imposes further limitations on the constituent power of Parliament with respect to the principles underlying certain fundamental rights. The judgment in Coelho has in effect restored the decision in Golak Nath regarding non-amendability of the Constitution on account of infraction of fundamental rights, contrary to the judgment in the _Kesavananda Bharati_ case.
Another important decision was of the five-judge Bench in Ashoka Kumara Thakur v. Union of India; where the constitutional validity of Central Educational Institutions (Reservations in Admissions) Act, 2006 was upheld, subject to the "creamy layer" criteria. Importantly, the Court refused to follow the 'strict scrutiny ' standards of review followed by the United States Supreme Court. At the same time, the Court has applied the strict scrutiny standards in Anuj Garg v. Hotel Association of India (2007) ()
2G Spectrum Scam
Further information: 2G spectrum scam
The Supreme Court declared allotment of spectrum as "unconstitutional and arbitrary" and quashed all the 122 licenses issued in 2008 during tenure of A. Raja (then minister for communications however, as per this proposal there is not going to be any increase in the number of working days or working hours of any of the judges and it only meant that different judges would be going on vacation during different periods of the year as per their choice; but, the Bar Council of India rejected this proposal mainly because it would have inconvenienced the advocates who would have to work throughout the year.
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* ^ "Justice Khehar sworn in as 44th Chief Justice of India". _The New Indian Express _. India. 4 January 2017. Retrieved 4 January 2017.
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