Union Judiciary (Article 124 - 147)

The Supreme Court is the apex court in the country. Supreme court is Court of record, Federal Court, Court of appeal and Guardian of the constitution. Supreme Court is located in Delhi without any benches in any part of the nation and is presided by the Chief Justice of India. The Supreme Court of India comprises of the Chief Justice and other 37 judges appointed by the president. Judges hold office till 65 year of age. The salaries of the judges of the supreme court are drawn from the Consolidated Fund of India. The Supreme Court of India held its inaugural sitting on 28 January 1950. In order to be appointed as a judge of the supreme court, a person must be a citizen of india and must have been for atleast five years, a judge of a high court or of two or more such courts in succession, or an advocate of high court or two or more such courts in succession for atleast ten years, or the person must be in the opinion of the president, a distingushed Jurist.

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. Under Article 129 and 142 of the constitution, the supreme court has been vested with power to punish anyone for contempt of any law court in India including itself. The Supreme Court has the power to transfer the cases from one high court to another and even from one district court of a particular state to another district court of the other state. The supreme court of india possesses the power of constitutional review. The proceedings of the supreme court was conducted in english only. The original constitution of 1950 envisaged a supreme court with a chief justice and seven judges leaving it to parliament to increase the number. On 21st February 2008, the Union Cabinet gave its nod to increase the number of judges in the supreme court from 26 to 31. As the number of the judges has increased they sit in smaller benches of two or three - coming together in larger benches of 5 and more only when required to do so or to settle a difference of opinion or controversy. 

The supreme court enjoys the following jurisdiction.

i. Original Jurisdiction (Article 131) - It is meant for that cases involving a dispute between the union government and state government or a dispute among the state governments themselves. Supreme Court settles such case by interpreting the constitution.

ii. Appellate Jurisdiction - It meant that appeal petition can be taken before the Supreme Court from the judgement or decision of the high court on cases involving civil, criminal etc matter after its judgement.

iii. Advisory Jurisdiction (Article 143) - It is meant that the president of india can refer to the supreme court for its advice or opinion if he has some doubt on a law or constitution or a fact.

iv. Review Jurisdiction - Both the supreme court and high court have been given the power to review and reconsider their own judgements.

The Registry of the Supreme Court is headed by the Registrar General. The Registrar General is assisted in his work by three Registrars, four additional Registrars, twelve point Registrars etc. Article 146 of the constitution deals with the appointments of officers and servants of the Supreme Court Registry. 

Article 124 (4) of constitution of india lays down the procedure for removal of a judge of supreme court which is applicable to chief justice as well. One appointed, the Chief Justice remains in office until his retirement. He can be removed from his office only by the process of impeachment.

Free Legal Aid

Free legal aid is provided to the poor and helpless people by the National Legal Service Authority. Under the free legal aid Government make an advocate available, deposit the court fee on behalf of the litigant and other expenses. Those eligible for free legal aid are - members of SC/ST, Women and children or the handicapped, victims of natural disasters or human violence unemployed or persons put in mental asylum etc. Inorder to get free legal aid one has to contact the supreme court, high court and the secretary of district legal service committee.

Public Interest Litigation

In a public interest litigation the court gives judgement in public interest on such matters as the basic needs of life, exploitation, environment, child labour, exploitation of women etc. If some person or institution just informs the court, it investigates the matter and decides in the context of facts. Such cases are called Public Interest Litigation. The PIL can be presented only in a high court or the supreme court. The PIL was started by justice PN.Bhagwati and VK.Krishna Aiyer in 1970.

Union Judiciary (Article 124 - 147)

Article 124: Establishment and constitution of Supreme Court

Article 125: Salaries, etc., of Judges

Article 126: Appointment of acting Chief Justice

Article 127: Appointment of ad hoc Judges

Article 128: Attendance of retired Judges at sittings of the Supreme Court

Article 129: Supreme Court to be a court of record

Article 130: Seat of Supreme Court

Article 131: Original jurisdiction of the Supreme Court

Article 132: Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases

Article 133: Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters

Article 134: Appellate jurisdiction of Supreme Court in regard to criminal matters

Article 134A: Certificate for appeal to the Supreme Court

Article 135: Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court

Article 136: Special leave to appeal by the Supreme Court

Article 137: Review of judgments or orders by the Supreme Court

Article 138: Enlargement of the jurisdiction of the Supreme Court

Article 139: Conferment on the Supreme Court of powers to issue certain writs

Article 139A: Transfer of certain cases

Article 140: Ancillary powers of Supreme Court

Article 141: Law declared by Supreme Court to be binding on all courts

Article 142: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.

Article 143: Power of President to consult Supreme Court

Article 144: Civil and judicial authorities to act in aid of the Supreme Court

Article 145: Rules of Court, etc.

Article 146: Officers and servants and the expenses of the Supreme Court

Article 147: Interpretation