It is the supreme judicial body of India and the highest court of India under the judiciary. It is also known as Bhartiya Ucchatama Nyayalay. It is the most senior constitutional court, and has the power of judicial review. The Chief Justice of India is the head and chief judge of the Supreme Court, which consists of a maximum of 34 judges and has extensive powers in the form of original, appellate and advisory jurisdictions It is regarded as the most powerful public institution in India.
As the apex constitutional court in India, it takes up appeals primarily against verdicts of the high courts of various states of the Union and other courts and tribunals. It is required to safeguard the fundamental rights of citizens and settles disputes between various government authorities as well as the central government vs state governments or state governments versus another state government in the country. As an advisory court, it hears matters which may specifically be referred to it under the Constitution by President of India. The law declared by the Supreme Court becomes binding on all courts within India and also by the union and state governments. As per the Article 142 of the Constitution, it is the duty of the President of India to enforce the decrees of the Supreme Court and the court is conferred with the inherent jurisdiction to pass any order deemed necessary in the interest of justice.
The Supreme Court of India was constituted as per Chapter IV of the Part V of Constitution of India. The fourth Chapter of the Indian Constitution is “The Union Judiciary”. Under this Chapter, the Supreme Court of India is vested with all Jurisdiction. As per Article 124, The Supreme Court of India had been Constituted and Established. As per Article 129, the Supreme Court is to be the Court of Record. As per Article 131, the Original Jurisdiction of the Supreme Court is authorized. As per Articles 132, 133, 134 the Appellate Jurisdiction of the Supreme Court is authorized. Under Article 135, Federal Court’s Power is given to the Supreme Court. Article 136 is dealing with the Special leave to Appeal to the Supreme Court.
Review Power of the Supreme Court is explained in Article 137. Article 138 deals with the Enlargement of the jurisdiction of the Supreme Court. Article 139 deals with the Conferment on the Supreme Court of powers to issue certain writs. Ancillary powers of Supreme Court is given as per article 140. Article 145 of the constitution of India empowers the supreme court to Frame its own rules with the approval of president. The main purpose of the supreme court is to decide constitutional issues. It is the duty of the judiciary to frame suo moto cases. Supreme court judges retire at the age of sixty five. 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 rights to the judge’s disadvantage.
A judge of the Supreme Court draws a salary of 2,50,000 per month-equivalent to the most-senior civil servant of the Indian government, Cabinet Secretary of India-while the chief justice earns 280,000 per month.
Article 124(4) of the constitution, President
can remove a judge on proved misbehaviour
or incapacity when parliament approves with a majority of the total membership of each house in favour of impeachment.
For initiating impeachment proceedings against a judge, at least 50 members of Rajya Sabha or 100 members of Lok Sabha shall issue the notice per Judges (Inquiry) Act, 1968. Then a judicial committee would be formed to frame charges against the judge, to conduct the fair trial and to submit its report to parliament. When the judicial committee report finds the judge guilty of misbehaviour or incapacity, further removal proceedings would be taken up by the parliament if the judge is not resigning himself.
The judge upon proven guilty is also liable for punishment per applicable laws or for contempt of the constitution by breaching the oath under disrespecting constitution.
Wikipedia
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