Indian Judiciary : Part 1

 

Article 124: Establishment and Constitution of Supreme Court

• Establishes the Supreme Court of India.
• Composition: Chief Justice of India (CJI) + other Judges as Parliament determines.
• Appointed by the President, after consulting such Judges of SC and HCs as deemed necessary.
• Qualifications (Art. 124(3)):
• Citizen of India.
• HC Judge for 5 years or HC Advocate for 10 years or Eminent Jurist.
• Tenure: Until 65 years of age.
• Removal: Only through impeachment for proven misbehavior/incapacity under Article 124(4), following a complex process requiring a special majority.

• Once appointed, a Judge cannot plead or act in any court (post-retirement practice in other courts is prohibited).
• High moral integrity and impartiality are fundamental expectations.

Article 125: Salaries, Allowances, etc., of Supreme Court Judges

• Salaries, rights in respect to leave, pension, etc., determined by Parliament.
• Cannot be altered to a Judge’s disadvantage after appointment.

Ensures financial security, a key element of judicial independence.

Article 126: Appointment of Acting Chief Justice

• When CJI is unable to perform duties or the office is vacant, the President can appoint the senior-most SC Judge as Acting CJI.

Article 127: Appointment of Ad Hoc Judges

• If quorum of Judges is not available, CJI, with President’s consent, may appoint a HC Judge (qualified for SC) temporarily.
• Such judges enjoy SC powers but continue to be HC judges.

Article 128: Attendance of Retired Judges at Sittings of the Supreme Court

• Retired SC/HC Judges can sit and act as SC Judges if requested by CJI and consented by the President.
• Cannot be deemed SC Judges (for salary/pension etc.), but their expertise is utilized.

Article 129: Supreme Court to be a Court of Record

• SC is a court of record:
• Its judgments are binding precedents.
• Can punish for contempt of itself (civil or criminal).

Contempt of Court upholds the dignity and authority of the judiciary.

Article 130: Seat of the Supreme Court

• The SC shall sit in Delhi unless otherwise decided by the Chief Justice of India with the President’s approval.

Article 131: Original Jurisdiction of the Supreme Court

• Exclusive jurisdiction in disputes between:
• Centre vs. State(s)
• State vs. State
• Cannot be invoked for private matters or by individuals.

Example: State of Karnataka vs. Union of India (Centre–State disputes).

Article 132–134: Appellate Jurisdiction

Article 132: Appeals in Constitutional Matters

• Appeals lie to SC from HC judgments involving substantial questions of constitutional law.

Article 133: Appeals in Civil Matters

• Civil appeals if case involves substantial question of law of general importance.

Article 134: Appeals in Criminal Matters

• Appeals in cases:
• Where HC reverses an acquittal.
• Sentences a person to death.
• Or certifies the case as fit for appeal.

Article 134A: Certificate for Appeal to the Supreme Court

• HC may issue a certificate of fitness for appeal under Articles 132, 133, 134.

Article 135: Jurisdiction and Powers of Federal Court under Existing Law

• SC can exercise jurisdiction of the erstwhile Federal Court (established under the 1935 Act).

Article 136: Special Leave to Appeal by the Supreme Court

• Discretionary power of SC to grant special leave to appeal from any judgment by any court or tribunal (except military courts).
• Called “Special Leave Petition (SLP)”.

Frequently used and broadens access to the apex court.

Article 137: Review of Judgments or Orders by the Supreme Court

• SC can review its own judgments.
• Example: ADM Jabalpur review in the Right to Privacy (2017) case.

Article 138: Enlargement of the Jurisdiction of the Supreme Court

• Parliament may extend SC’s jurisdiction with respect to Union matters.

Article 139: Conferment on the Supreme Court of Powers to Issue Certain Writs

• Parliament can empower SC to issue writs for matters beyond fundamental rights.

Article 139A: Transfer of Certain Cases

• SC may transfer cases from one HC to another or to itself if questions of law of general importance are involved.

Article 140: Ancillary Powers of the Supreme Court

• SC may have other powers necessary to function effectively (as Parliament may confer).

Article 141: Law Declared by Supreme Court to be Binding on All Courts

• SC rulings are binding precedents for all courts in India.

Article 142: Enforcement of Decrees and Orders of Supreme Court

• SC may pass any decree or order necessary for complete justice.

Used in many landmark judgments:

• Ayodhya Verdict (2019) – invoking Art. 142 to allot land to Sunni Waqf Board.
• Bhopal Gas Tragedy – ensured just compensation.

Article 143: Power of the President to Consult the Supreme Court (Advisory Jurisdiction)

• President may refer legal/constitutional matters to SC for advisory opinion.

Examples:

• Berubari Union case (1960).
• Ayodhya Reference (1993).

Article 144: Civil and Judicial Authorities to Act in Aid of the Supreme Court

• All authorities must act in aid and enforcement of SC decisions.

Article 145: Rules of Court, etc.

• SC may frame its rules of procedure and practice.

Article 146: Officers and Servants and Expenses of the Supreme Court

• Deals with appointments, salaries, service conditions of SC staff.

Article 147: Interpretation

• Clarifies that references to the “Federal Court” in laws pre-Constitution shall be construed as references to the SC.

Amicus Curiae – “Friend of the Court”

• Not mentioned in Constitution but recognized in SC procedure.
• Court appoints independent legal experts to assist in complex or sensitive matters.
• Examples:
• Nirbhaya case
• Environmental cases
• Rights of disabled persons

Role of SC in Judicial Review & Activism

• Derived from Articles 13, 32, 136, 141, and 142.
• Expanded through PILs, writ jurisdiction, and interpretation of Article 21.

Types of Writs

Writ	Purpose
Habeas Corpus	Produce the person detained
Mandamus	Command to perform duty
Prohibition	Stop lower court from exceeding jurisdiction
Certiorari	Quash an order of lower court
Quo Warranto	Challenge unlawful occupation of public office

 

Summary Table: Articles 124–147 Overview

Article	Topic
124	SC establishment
125–127	Salaries & appointments
128–130	Retired/Ad Hoc Judges, Court seat
131–134A	Jurisdictions (original, appellate, certificate)
135–139A	Powers & writs
140–147	Enforcement, procedure, rules, President’s reference