SUPREME COURT Flashcards
Composition
Total Judges: 34 (1 Chief Justice + 33 Judges).
Qualifications (Article 124(3)):
Citizen of India.
5 years as a High Court Judge or 10 years as a High Court Advocate.
Distinguished jurist (President’s opinion).
Tenure: Until 65 years of age.
Removal: Misbehavior or incapacity, requiring a special majority in Parliament.
Appointment Process
Appointed by: The President under Article 124(2).
Requires consultation with Supreme Court and High Court judges.
Takes an oath to uphold the Constitution.
Removal process: Special majority in Parliament under Article 124(4).
Jurisdiction of the Supreme Court
Court of Record (Article 129):
Decisions have evidentiary value.
Power to punish for contempt (Heera Lal Dixit v. State of UP, 1954).
Original Jurisdiction (Article 131):
Disputes between:
Government of India & one/more states.
Two or more states.
Appellate Jurisdiction:
Includes constitutional, civil, and criminal matters.
Requires High Court certification (Article 134A).
Special Leave to Appeal (Article 136):
SC’s discretionary power to allow appeals from any court (except military courts).
Advisory Jurisdiction (Article 143):
Presidential references on law or fact.
Landmark Cases Related to Constitutional Interpretation
Golak Nath v. State of Punjab (1967):
Held that Fundamental Rights are non-amendable under Article 368.
Asserted that Parliament cannot abridge Fundamental Rights through constitutional amendments.
Kesavananda Bharati v. State of Kerala (1973):
Established the Basic Structure Doctrine.
Parliament has wide powers to amend the Constitution but cannot alter its “basic structure.”
Judicial Review and Fundamental Rights
Judicial Review: SC validates laws against the Constitution.
Judicial Activism: Dynamically interprets laws to uphold social justice.
Maneka Gandhi v. Union of India (1978):
Expanded the scope of Article 21 (Right to Life and Personal Liberty).
Held that the procedure under Article 21 must be “just, fair, and reasonable.”
Vishakha v. State of Rajasthan (1997):
Established guidelines to prevent sexual harassment at the workplace.
Emphasized the protection of women’s rights under Article 14, Article 19, and Article 21.
Precedent and Binding Nature
Article 141: SC decisions are binding on all courts in India.
Key principles:
Ratio Decidendi: Binding legal principles in judgments.
Obiter Dicta: Non-binding observations.
Per Incuriam: Decisions made in ignorance of precedent are not authoritative.
Significance of the Supreme Court
Guardian of the Constitution: Ensures laws align with constitutional principles.
Protector of Rights: Enforces Fundamental Rights through writs like habeas corpus, mandamus, and certiorari.
Promoter of Social Justice: Addresses issues like gender equality and marginalized rights.
