THE UNION JUDICIARY
SUPREME COURT
NOTES
1. The Single-Integrated Judicial System
● Dual Polity, Single Judiciary: Although India has a dual polity (federal form of
government with Centre and States), we have a Single Unified Judiciary.
● Implications of a Single-Integrated System:
1. Uniform Law Interpretation: All courts in India interpret and enforce both State
laws and Union laws.
2. Hierarchy and Control: Subordinate courts, district courts, and High Courts are all
subject to the control of the Supreme Court.
3. Binding Precedent: The law declared by the Supreme Court is binding on all
courts within the territory of India.
2. Composition and Organisation of the Supreme Court
● Composition:
○ Consists of the Chief Justice of India (CJI) and other judges.
○ According to an Act of 2019, the total strength is 34 judges (CJI + 33 other
judges).
● Seat: The seat of the Supreme Court is at Delhi.
○ It may sit elsewhere with the approval of the President on the
recommendation of the CJI.
3. Appointment of Judges (Very Important)
Appointing Authority: Judges are appointed by the President.
● Consultation Process:
○ For appointment of a judge other than the CJI, the Chief Justice of India (CJI)
must be consulted.
● The Collegium System:
○ The CJI is required to consult the four seniormost judges of the Supreme
Court before making recommendations to the President.
○ This body of senior judges is known as the Collegium System. It allows a
college of persons (judges) to appoint judges, reducing executive
interference.
● Appointment of CJI: The criterion for appointing the Chief Justice of India shall be
seniority.
4. Qualifications for Appointment as a Judge
A Judge of the Supreme Court must:
● Be a Citizen of India.
● And must fulfill one of the following:
○ (a) Have been a Judge of a High Court for at least five years.
○ (b) Have been an advocate of a High Court for at least ten years.
, ○ (c) Be, in the opinion of the President, a distinguished jurist.
5. Term of Office and Removal
● Retirement Age: A judge retires on attaining the age of 65 years.
● Removal (Impeachment): A judge can be removed by the President only on the
ground of proved misbehaviour or incapacity.
● Procedure for Removal:
○ An Address (resolution) must be passed by each House of Parliament.
● It must be passed by:
○ A majority of the total membership of that House.
○ A majority of not less than two-thirds of the members present and voting.
○ This Address is then presented to the President, who issues the order for
removal.
6. Independence and Impartiality of the Supreme Court
Why is Independence Necessary?
● To administer justice between citizen and citizen and between 'State' and 'Citizen' .
● Independent judiciary is the first condition of liberty and equality.
● The Supreme Court and High Courts are "guardians of the people's rights."
How is Independence Ensured? (Provisions)
PROVISIONS EXPLAINATION
A. Appointment of Judges Done by the Collegium System, ensuring
neither political bias nor personal
favouritism plays a part.
B. Security of Tenure A judge can be removed only through a
difficult impeachment process for "proved
misbehaviour" after investigation by an
impartial tribunal.
C. Salaries Charged on Consolidated Fund Salaries are charged on the Consolidated
Fund of India and are not subject to the
Vote of Parliament. They cannot be varied
to the judge's disadvantage during their
term.
D. No Discussion on Conduct No discussion shall take place in Parliament
or State legislature regarding the conduct of
a judge, except during impeachment
proceedings.
E. Power to Punish for Contempt The Supreme Court has the power to
SUPREME COURT
NOTES
1. The Single-Integrated Judicial System
● Dual Polity, Single Judiciary: Although India has a dual polity (federal form of
government with Centre and States), we have a Single Unified Judiciary.
● Implications of a Single-Integrated System:
1. Uniform Law Interpretation: All courts in India interpret and enforce both State
laws and Union laws.
2. Hierarchy and Control: Subordinate courts, district courts, and High Courts are all
subject to the control of the Supreme Court.
3. Binding Precedent: The law declared by the Supreme Court is binding on all
courts within the territory of India.
2. Composition and Organisation of the Supreme Court
● Composition:
○ Consists of the Chief Justice of India (CJI) and other judges.
○ According to an Act of 2019, the total strength is 34 judges (CJI + 33 other
judges).
● Seat: The seat of the Supreme Court is at Delhi.
○ It may sit elsewhere with the approval of the President on the
recommendation of the CJI.
3. Appointment of Judges (Very Important)
Appointing Authority: Judges are appointed by the President.
● Consultation Process:
○ For appointment of a judge other than the CJI, the Chief Justice of India (CJI)
must be consulted.
● The Collegium System:
○ The CJI is required to consult the four seniormost judges of the Supreme
Court before making recommendations to the President.
○ This body of senior judges is known as the Collegium System. It allows a
college of persons (judges) to appoint judges, reducing executive
interference.
● Appointment of CJI: The criterion for appointing the Chief Justice of India shall be
seniority.
4. Qualifications for Appointment as a Judge
A Judge of the Supreme Court must:
● Be a Citizen of India.
● And must fulfill one of the following:
○ (a) Have been a Judge of a High Court for at least five years.
○ (b) Have been an advocate of a High Court for at least ten years.
, ○ (c) Be, in the opinion of the President, a distinguished jurist.
5. Term of Office and Removal
● Retirement Age: A judge retires on attaining the age of 65 years.
● Removal (Impeachment): A judge can be removed by the President only on the
ground of proved misbehaviour or incapacity.
● Procedure for Removal:
○ An Address (resolution) must be passed by each House of Parliament.
● It must be passed by:
○ A majority of the total membership of that House.
○ A majority of not less than two-thirds of the members present and voting.
○ This Address is then presented to the President, who issues the order for
removal.
6. Independence and Impartiality of the Supreme Court
Why is Independence Necessary?
● To administer justice between citizen and citizen and between 'State' and 'Citizen' .
● Independent judiciary is the first condition of liberty and equality.
● The Supreme Court and High Courts are "guardians of the people's rights."
How is Independence Ensured? (Provisions)
PROVISIONS EXPLAINATION
A. Appointment of Judges Done by the Collegium System, ensuring
neither political bias nor personal
favouritism plays a part.
B. Security of Tenure A judge can be removed only through a
difficult impeachment process for "proved
misbehaviour" after investigation by an
impartial tribunal.
C. Salaries Charged on Consolidated Fund Salaries are charged on the Consolidated
Fund of India and are not subject to the
Vote of Parliament. They cannot be varied
to the judge's disadvantage during their
term.
D. No Discussion on Conduct No discussion shall take place in Parliament
or State legislature regarding the conduct of
a judge, except during impeachment
proceedings.
E. Power to Punish for Contempt The Supreme Court has the power to
