UNION JUDICIARY

PRERNA FOR IAS

UNION JUDICIARY

1. Establishment of the Supreme Court (Article 124) –

Article 124 provides for the establishment of the Supreme Court of India, the highest judicial authority in the country. It was established on 26 January 1950, replacing the Federal Court of India. The Supreme Court acts as the guardian of the Constitution and protector of fundamental rights. Its headquarters is located in New Delhi, although it may sit elsewhere if approved by the President. The Court ensures the rule of law and constitutional governance. It serves as the final court of appeal in India and plays a crucial role in interpreting laws and resolving disputes.

2. Composition of the Supreme Court (Article 124) –

The Supreme Court consists of the Chief Justice of India (CJI) and other judges as determined by Parliament. Originally, the Constitution provided for one Chief Justice and seven judges, but the number has increased over time to meet growing judicial needs. Judges are appointed by the President of India. The Court's composition ensures efficient functioning and timely delivery of justice. The Supreme Court hears constitutional matters, civil disputes, criminal appeals, and public interest cases. Its structure enables it to perform its role as the highest judicial institution in the country effectively and independently.

3. Chief Justice of India (Article 124) –

The Chief Justice of India (CJI) is the head of the Supreme Court and the Indian judiciary. The President appoints the CJI from among the judges of the Supreme Court, generally following the principle of seniority. The CJI allocates cases, constitutes benches, and oversees the administration of the judiciary. As the highest judicial officer, the Chief Justice plays a key role in maintaining judicial independence and constitutional governance. The CJI also participates in important constitutional decisions and serves as a vital link between the judiciary, executive, and legislature in safeguarding democratic values.

4. Appointment of Judges (Article 124) –

Judges of the Supreme Court are appointed by the President of India after consultation with senior judges of the Supreme Court. At present, appointments are made through the Collegium System, under which the Chief Justice of India and senior judges recommend candidates. A person must be a citizen of India and possess prescribed legal qualifications to become a Supreme Court judge. The appointment process aims to ensure judicial competence, independence, and integrity. An independent judiciary is essential for maintaining constitutional supremacy and protecting citizens' rights against arbitrary actions by the government or other authorities.

5. Tenure of Judges (Articles 124 and 124A) –

A judge of the Supreme Court holds office until attaining the age of 65 years. Judges may resign by submitting their resignation to the President of India. They can also be removed through a process of impeachment by Parliament on grounds of proven misbehavior or incapacity. The Constitution provides security of tenure to protect judicial independence and prevent external influence. Such safeguards ensure that judges can perform their duties without fear or favor. Fixed tenure and a difficult removal process strengthen public confidence in the judiciary and uphold the principles of justice and constitutional governance.

6. Salary, Allowances, and Service Conditions (Article 125) –

Article 125 provides that the salaries, allowances, and service conditions of Supreme Court judges are determined by Parliament. These benefits are charged on the Consolidated Fund of India, ensuring financial independence of the judiciary. During their tenure, judges' service conditions cannot be altered to their disadvantage, except during a financial emergency. This constitutional protection prevents undue pressure from the executive or legislature. Adequate remuneration and secure service conditions help maintain judicial integrity, impartiality, and independence. Such provisions are essential for enabling judges to perform their constitutional responsibilities effectively and without external interference.

7. Jurisdiction of the Supreme Court (Articles 131–136) –

The Supreme Court exercises various types of jurisdiction. Original jurisdiction under Article 131 allows it to hear disputes between the Union and States. Appellate jurisdiction under Articles 132–136 enables it to hear appeals from High Courts in civil, criminal, and constitutional matters. It also has advisory jurisdiction under Article 143, where the President may seek its opinion on important legal issues. Through Special Leave Petitions (SLPs) under Article 136, the Court can hear appeals from any judgment or order. These powers make the Supreme Court the final interpreter of law and justice.

8. Power to Issue Writs (Article 32) –

Article 32 empowers the Supreme Court to issue writs for the enforcement of Fundamental Rights. Dr. B.R. Ambedkar described Article 32 as the “Heart and Soul of the Constitution.” The Court can issue five types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. These writs protect citizens against unlawful detention, abuse of power, and violations of constitutional rights. The right to approach the Supreme Court directly under Article 32 is itself a Fundamental Right. This provision strengthens constitutional remedies and ensures effective protection of civil liberties in India.

9. Court of Record (Article 129) –

Under Article 129, the Supreme Court is a Court of Record. This means its judgments, proceedings, and decisions are permanently recorded and can be used as precedents in future cases. Such records have evidentiary value and cannot be questioned in any court. As a Court of Record, the Supreme Court also possesses the power to punish for contempt of court. This authority helps maintain the dignity, authority, and effectiveness of the judiciary. The Court's decisions guide lower courts across the country and contribute significantly to the development of Indian constitutional and legal jurisprudence.

10. Judicial Review –

Judicial Review is the power of the Supreme Court to examine the constitutionality of laws, executive actions, and government policies. If any law or action violates the Constitution, the Court can declare it unconstitutional and void. Judicial Review ensures that all organs of government function within constitutional limits. It protects Fundamental Rights and upholds the supremacy of the Constitution. This power forms part of the Basic Structure Doctrine established in the landmark Kesavananda Bharati case. Judicial Review acts as an important check on governmental authority and safeguards democratic governance and constitutional values in India.

11. Miscellaneous Provisions (Articles 137–147) –

Articles 137 to 147 contain various provisions relating to the functioning of the Supreme Court. Article 137 empowers the Court to review its own judgments. Other provisions deal with enlargement of the Court's jurisdiction, appointment of ad hoc judges, attendance of retired judges, interpretation of constitutional terms, and procedural matters. These provisions ensure flexibility and efficiency in judicial administration. They help the Court address emerging legal challenges while maintaining consistency in constitutional interpretation. Together, these articles strengthen the institutional framework of the Supreme Court and support its role as the apex judicial authority of India.

12. Importance of the Union Judiciary –

The Union Judiciary plays a vital role in protecting the Constitution, safeguarding Fundamental Rights, and maintaining the rule of law. It acts as an independent institution that resolves disputes impartially and ensures justice for citizens. The judiciary keeps the executive and legislature within constitutional limits and prevents misuse of power. Through judicial review, constitutional interpretation, and enforcement of rights, it strengthens democracy and accountability. An independent judiciary enhances public trust in governance and protects citizens against arbitrary actions. Therefore, the Union Judiciary is regarded as a cornerstone of India's democratic and constitutional system.