• Prime Minister Narendra Modi unveiled a stamp and coin commemorating 75 years of the establishment of the Supreme Court on August 31.

• PM Modi inaugurated the two-day National Conference of District Judiciary at Bharat Mandapam in New Delhi.

• The conference has been organised as part of the 75th year celebrations of the Supreme Court of India.

Important points related to the Supreme Court 

• The Supreme Court of India is the apex judicial body under the Constitution of India. 

• Article 124 of the Constitution states that “there shall be a Supreme Court of India.”

• The Supreme Court came into existence on January 26, 1950 with the coming into force of the Constitution. 

• The Supreme Court initially functioned from the Old Parliament House till it moved to the present building located on Tilak Marg, New Delhi in 1958.

• The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne judges – leaving it to Parliament to increase this number. 

• Considering the increase in workload, Parliament increased the number of Judges from 8 in 1950 to 11 in 1956; 14 in 1960; 18 in 1978; 26 in 1986; 31 in 2009 and 34 in 2019 (current strength). 

• Constitutional Framework: Articles 124 to 147 of Part V of the Indian Constitution outline the organisation, independence, jurisdiction, powers, and procedures of the Supreme Court. Parliament has the authority to regulate these provisions.

Appointment Process:

Chief Justice of India: Appointed by the President after consulting with selected judges from the Supreme Court and High Courts. 

Other Judges: Appointed by the President after consulting the Chief Justice of India and additional judges from both Supreme and High Courts. 

Consultation Requirement: The Chief Justice of India must be consulted for the appointment of any judge other than the Chief Justice. 

Eligibility Criteria: 

In order to be appointed as a judge of the Supreme Court:

i) A person must be a citizen of India and;

ii) Must have been, for at least five years, a judge of a High Court or of two or more such Courts in succession, or;

ii) An advocate of a High Court or of two or more such courts in succession for at least 10 years or;

iv) He must be, in the opinion of the President, a distinguished jurist.

Provisions exist for the appointment of a judge of a High Court as an Ad-hoc Judge of the Supreme Court and for retired judges of the Supreme Court or High Courts to sit and act as judges of that Court.

Removal of Judges: A Supreme Court judge can be removed by the President following an address by Parliament, supported by a two-thirds majority of members present and voting, on grounds of proven misbehavior or incapacity.

Language and Regulation:

Language: Proceedings are conducted in English. 

Rules: The Supreme Court Rules, 1966, and 2013, under Article 145, govern its practice and procedure. 

Independence of the Supreme Court: 

The Constitution seeks to ensure the independence of Supreme Court Judges in various ways.

• A judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same Session for such removal on the ground of proved misbehaviour or incapacity.

• A person who has been a judge of the Supreme Court is debarred from practising in any court of law or before any other authority in India.

• Supreme Court Rules, 1966 and Supreme Court Rules 2013 are framed under Article 145 of the Constitution to regulate the practice and procedure of the Supreme Court.

• Judges’ salaries and benefits are set by Parliament and charged on the Consolidated Fund, ensuring financial stability and independence.

• Judges’ conduct cannot be discussed by Parliament or State Legislatures, except in impeachment proceedings (Article 121).

• The Court can punish contempt to maintain its authority (Article 129).

• The Chief Justice of India appoints staff and determines their service conditions without executive interference.

• Parliament cannot reduce the Supreme Court’s jurisdiction but can extend it.

• Article 50 mandates the separation of the judiciary from the executive, ensuring no executive influence in judicial matters.

Significance of the Supreme Court

• Ensures the Constitution’s supremacy and protects Fundamental Rights through writs under Article 32.

• Acts as the final arbiter of legal disputes and ensures just application of laws through judicial review.

• Promotes social justice, protects marginalised communities, and upholds human rights.

• Serves as a check on the executive branch, ensuring actions are legally within limits.

(The author is a trainer for Civil Services aspirants.)