75th Anniversary of Supreme Court- Part I

Why in news?

Recently Chief Justice of India DY Chandrachud addressed a unique ceremonial bench as the country's highest court turned 75 years.

What is the history of Supreme Court?

• Regulating Act 1773- Supreme Court was established at Calcutta (1774) comprising one chief justice and three other judges.  

Sir Elijah Impey was the first Chief Justice of the Supreme Court of Calcutta.

• The Supreme Courts at Madras and Bombay were established by King George III in 1800 and 1823 respectively.
• Act of 1823- The newly established Supreme Courts at Madras and Bombay would have the power to administer, carry out duties, and hold powers of the same magnitude as the Supreme Court at Fort William in Calcutta.
• Indian High Court 1861- High Courts were established in three Presidency towns of Calcutta, Madras and Bombay which provided unification in judicial system.
• Government of India Act 1935- The creation of the Federal Court of India under this Act, reduced the High Courts distinction as highest courts for all.

It is a single system of Courts which establishes both Centre laws and State laws.

• Post-independence- The Supreme Court of India was inaugurated on January 28, 1950 which succeeded the Federal Court of India.

What are the Constitutional provisions provided for the Supreme Court?

Articles 124 to 147 in Part V of the Constitution deal with the organisation, independence, jurisdiction, powers, and procedures and so on of the Supreme Court.

• Composition- Article 124 deals with composition, at present 34 judges are present in the Supreme Court.
• Qualifications- The Constitution has not prescribed a minimum age for appointment as a judge of Supreme Court.
  • He should be a citizen of India.
  • He should have been a judge of a High Court (or high courts in succession) for five years; or He should have been an advocate of a High Court (or High Courts in succession) for ten years; or
  • He should be a distinguished jurist in the opinion of the president.
• Appointment- The judges of the Supreme Court are appointed by the president.
• Chief Justice of India- She/ He is appointed by the president after consultation with such judges of the Supreme Court and high courts as he deems necessary.
• Other judges of the Supreme Court- They are appointed by president after consultation with the chief justice and such other judges of the Supreme Court and the high courts as he deems necessary.

The consultation with the chief justice is obligatory in the case of appointment of a judge other than Chief justice.

• Collegium system- The system of consulting judges and Chief Justice while appointing judges were replaced by National Judicial Appointments Commission (NJAC) and 99^th Constitutional Amendment Act of 2014.

Both were declared unconstitutional and void by the Supreme Court as it affects the independence of judiciary.

• Fixed service conditions- The salaries, allowances, privileges, leave and pension of the judges of the Supreme Court are determined from time to time by the Parliament.
• They cannot be changed to their disadvantage after their appointment except during a financial emergency.
• Security of tenure- They can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution.
• Removal-The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment.
• Seat of Supreme Court- The Constitution declares Delhi as the seat of the Supreme Court. It also authorises the Chief Justice of India to appoint other place or places as seat of the Supreme Court only with the approval of the President.
• Jurisdiction- The Constitution has conferred a very extensive jurisdiction and vast powers on the Supreme Court.

To know about Part II- Click here

References

1. Indian Express- 75^th anniversary Supreme Court
2. The Hindu- PM addresses 75^th anniversary celebrations of the Supreme Court
3. SCI- History of Supreme Court of India