Hello, dedicated aspirants!
Our constitutional journey has been incredible. We've mastered the Executive (President, PM) and the Legislature (Parliament). Now, it's time to turn our attention to the third pillar of our democracy – the one that interprets the laws, upholds the Constitution, and acts as the ultimate guardian of our Fundamental Rights: The Judiciary.
We'll begin at the very top of our integrated judicial system, with the final court of appeal, the sentinel of our Constitution – The Supreme Court of India.
Guardian of the Constitution
The Supreme Court is the apex judicial body in India. Its decisions are binding on all other courts in the country. It is the final interpreter of the Constitution and the ultimate guarantor of justice.
Key Facts for Your SSC Notebook: 📝
Part of Constitution: Part V (Chapter IV)
Articles Covered: Articles 124 to 147
Inauguration Date: January 28, 1950 (Two days after India became a republic).
Composition: The Supreme Court consists of one Chief Justice of India (CJI) and not more than 33 other judges (Total 34).
Appointment: The President of India appoints the CJI and other judges. The appointment is made based on the recommendation of the Collegium, a system comprising the CJI and the four senior-most judges of the Supreme Court.
Who Can Be a Supreme Court Judge?
To be appointed as a judge of the Supreme Court, a person must:
Be a citizen of India.
Have been a judge of a High Court for at least 5 years; OR
Have been an advocate of a High Court for at least 10 years; OR
Be a distinguished jurist in the opinion of the President.
Tenure and Removal:
Retirement Age: A Supreme Court judge holds office until they attain the age of 65 years.
Removal: A judge can be removed from office by the President on the grounds of proved misbehaviour or incapacity. The process is extremely difficult, requiring a motion to be passed by a special majority in both Houses of Parliament.
Powers and Jurisdiction (The Exam Goldmine)
This is the most critical part. Let's break down the Supreme Court's powers.
Original Jurisdiction (Article 131): This is the power to hear a case for the first time. The Supreme Court has exclusive original jurisdiction in disputes:
Between the Government of India and one or more states.
Between two or more states.
Writ Jurisdiction (Article 32): We've met this before! As the guarantor of Fundamental Rights, the Supreme Court can issue writs (Habeas Corpus, Mandamus, etc.) to enforce them.
Appellate Jurisdiction: This is the power to hear appeals against the judgments of lower courts. The Supreme Court is the highest court of appeal in India for all civil and criminal cases.
Advisory Jurisdiction (Article 143 - ⭐ Exam Hotspot): The President of India can seek the opinion of the Supreme Court on any question of law or fact of public importance. However, the advice tendered by the Supreme Court is not binding on the President.
Judicial Review: This is an implicit power of the Supreme Court. It is the power to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. If they are found to be in violation of the Constitution, they can be declared null and void.
The Supreme Court stands as a powerful symbol of justice, ensuring that no one, not even the government, is above the law. It protects our rights and preserves the democratic spirit of our nation.
Now that we understand the apex court, what about the judicial machinery in the states? In our next post, we will explore the roles and powers of the High Courts and the subordinate judicial system.
Keep up the fantastic work!
#SSCCGL #GeneralAwareness #IndianPolity #SupremeCourt #IndianConstitution
