Discuss the composition and functions of supreme court of india PDF
Answers
The Indian constitution under Article 124(1) states that there shall be a Supreme Court of India consisting of a Chief justice of India (CJI) and 31 judges including the CJI. The Jurisdiction of the Supreme Court of India can broadly be categorised into original jurisdiction, appellate jurisdiction and advisory jurisdiction. However, there are other multiple powers of the Supreme Court.
Supreme Court at the apex of Indian Judiciary is the highest authority to uphold the constitution of India, to protect rights and liberties of citizens and to uphold the values of rule of law. Hence it is known as the guardian of our Constitution.
The Indian constitution provides for a provision of Supreme Court under Part 5 (The Union) and Chapter 6 titled The Union Judiciary. Indian Constitution has provided an independent judiciary with a hierarchical setup containing High Courts and Subordinate Courts under it.
Article 124(1) and Amendment act of 2008 states that there shall be a Supreme Court of India consisting of a Chief justice of India (CJI) and 31 judges including the CJI. Article 124(2) states that every judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the judges of Supreme Court and of the High Courts in the states.
Here the collegium system(appointment of judges to the courts) was followed also known as the three judges cases, which comprises of the Chief Justice of India and four senior most judges of the SC, one chief justice of a high court and two of its senior most judges. This system demanded a consensus decision of all the senior most judges in conformity with the Chief Justice of India.
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Supreme Court of India: Composition, Power and Functions
The Indian constitution under Article 124(1) states that there shall be a Supreme Court of India consisting of a Chief justice of India (CJI) and 31 judges including the CJI. The Jurisdiction of the Supreme Court of India can broadly be categorised into original jurisdiction, appellate jurisdiction and advisory jurisdiction. However, there are other multiple powers of the Supreme Court.
HEMANT SINGH MAR 30, 2019 12:43 IST
Supreme Court of India
Supreme Court of India
Supreme Court at the apex of Indian Judiciary is the highest authority to uphold the constitution of India, to protect rights and liberties of citizens and to uphold the values of rule of law. Hence it is known as the guardian of our Constitution.
The Indian constitution provides for a provision of Supreme Court under Part 5 (The Union) and Chapter 6 titled The Union Judiciary. Indian Constitution has provided an independent judiciary with a hierarchical setup containing High Courts and Subordinate Courts under it.
Composition of the Supreme Court
Article 124(1) and Amendment act of 2008 states that there shall be a Supreme Court of India consisting of a Chief justice of India (CJI) and 31 judges including the CJI. Article 124(2) states that every judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the judges of Supreme Court and of the High Courts in the states.
Here the collegium system(appointment of judges to the courts) was followed also known as the three judges cases, which comprises of the Chief Justice of India and four senior most judges of the SC, one chief justice of a high court and two of its senior most judges. This system demanded a consensus decision of all the senior most judges in conformity with the Chief Justice of India.
However due to lack of transparency and delay in appointment, a new article 124 A was incorporated in the constitution, under which the National Judiciary Appointments Commission (NJAC) replaced the collegium system for the appointment of judges as mandated in the existing pre-amended constitution by a new system.
The NJAC consists of the following persons:
1. Chief Justice of India (chair person)
2. Two senior most Supreme Court judges
3. The Union Minister of Law and Justice
4. Two eminent persons nominated by committee consisting of CJI, Prime minister of India and leader of opposition.
Answer:
The composition and functions of Supreme court of India is discussed in following passages:
Composition:
- There will only be one Supreme Court in India, according to Article 124(1) of the Indian Constitution, and it will be made up of the Chief Justice of India and 34 additional judges.
- The judges sit in division benches, which are benches of two or three.
- When there are issues involving fundamental legal questions, the judges sit on benches of 5 or more known as a Constitutional Bench.
- Cases are decided by a bench. While the other matters are decided by at least a three-judge bench, all cases involving the Indian Constitution must be considered by a five-judge bench.
- Delhi has been designated as the home of the Supreme Court of India.
- Although it is discretionary and not required, the CJI has the authority to designate any location as the Supreme Court's location.
Functions
The functions of the Supreme Court include the following:
- In response to an appeal from one of the High courts or other subsidiary courts, the SC renders the final judgement.
- It serves as a venue for the settlement of disputes between various governmental entities, the federal government, and state governments.
- In accordance with Article 141 of the Constitution, all courts in the Indian Territory must abide by laws made by the SC.
- In some cases, the Supreme Court can take independent action and make decisions on its own.
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