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 (MR) POLITY BY ABHILASH SIR
 PART -V
 CHAPTER IV
 THE UNION JUDICIARY
 1803 first time Judicial review American SC
in Marbury V/S Madison case
 SC of India in context of powers , is the most
powerful judicial institution of the world
 DISTINCTIVE FEATURES OF INDIAN SC
 In USA-
 federal SC and every State has its own SC
 dual or parallel judiciary
 president can point any judge of SC but
senate can confirm the nomination made by
President
 executive plays role in appointing judges
 In India
 Integrated judiciary
 SC at apex
 India is only country where judiciary plays
most important role in deciding “who shall
be appointed as judges”
 As President in India required to consult the
CJI
 Case study:-1993
 SC took on to itself the power of appointing
judges , opinion expressed by CJI is binding
to President
 It exhibits the power of courts in India and
world as it happens only in India
 The SC discretionary power to do complete
justice
 There is No parallel in any other constitution of
world , there is provision in Indian constitution
that SC of India to pass any order to do complete
justice to the parties in a case pending before it
 Under Art 142:- SC in exercise of its jurisdiction
may pass such decree or make such order as is
necessary for doing complete justice in any cause
or matter pending before it. Case example: -
Ram janam bhumi case (Ayodhya dispute
Ram Mandir), SC directed Govt. Of UP to
allot place to not winning team
 Neither a law or constitution defines complete
justice , court will determine in facts and
circumstances of the case
 SC has the power to fill this vacuum in law by
making law until parliament take action to make
the law concerned to a issue so that judicial
order will provide relief by invoking Art 142 (
 SC did in Vishaka and Ors. v State of
Rajasthan was a 1997:- provided the basic
definitions of sexual harassment at the
workplace and provided guidelines to deal
with it
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 If there is a law and is so clear, SC cannot
issue guidelines under Art142.
 Dr. Subhash Kashinath Mahajan vs The
State Of Maharashtra on 20 March, 2018,
SC judgment on the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities)
Act, 1989
 SC issued set of guidelines providing for a
procedure to examine the allegations so that
there should not be an automatic arrest and
judgment was against the existing law and at
last SC admitted
 POST 1980
 India SC embarked on a journey of
judicial activism unparallel in history of
democracy
 Art 141:-
 the law declared by SC shall be binding on all
courts within the territory of India
 (interpretation of SC that legal principles
declared by SC will be binding laws for all
courts including HC )
 Art 144:-
 all civil and judicial authorities in the
territory of India shall act in aid of SC
 Basic Structure Doctrine
 SC declared Parliament cannot amend basic
features or very foundation of constitution
under Art 368
 SC did not catalogue what these basic
features are
 Kesavanda Bharati case VS state of Kerala
① SUPERIOR JUDICIARY
At Top  Supreme court
Level ↓  supreme court is supreme and it is
a constitutional necessity
 having command over all courts
inside India
State  High courts
 Subordinate judiciary functions
Level ↑
under administrative and judicial
control HC of that related state
 HC are not subordinate court to
SC (note it), but supreme court is
supreme
 HC are constitutional courts
NOTE-1:-  Both SC and HC are constitutional
courts
 Both have power of Judicial
review and writ jurisdiction
 Judicial power of HC is equivalent
to SC , even president rule
declared in state can be thrown to
dustbin or invalidated even by a
HC
 Case study :- Uttrakhand HC
did this under Art356 (April
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2016)
 HC and SC are coordinates courts
(as HC is not subordinate to SC)
NOTE-2:-  Tribunals
 Courts are part of state , central to

the states
Tribunals are created by laws

enacted by legislature
Tribunals under 323A can be
established
Parliament.
only by the
 However, tribunals under 323B
can be established by both the
Parliament and the State
Legislature
 Tribunals have judicial officers
and non-judicial officers or expert
members having experience in
different domain (courts have
judicial officers only and are
guided by procedure of law and
strict rules of evidence)
 Tribunals are governed by
principles of natural justice and
are less formal compare to courts
 They may not be under strict
control of the HC , but decision
taken by tribunal (mainly  This law was amended many times as taking the
Administrative tribunal) can be
challenged in HC by filing a natural
/original petition so it remain
under judicial control oh HC
 Powers made available to civil
court are also made to tribunals
but in limited manner so called
quasi-judicial
 Tribunals types
a) State level
b) National level tribunals
c) Administrative tribunal

d) Many more
If national green tribunal passes
an order ,writ can be filed in HC if
some unconstitutional matter is
there but appeal can only be
made in SC
② SUBORDINATE JUDICIARY
District  Two types
Level ↑ a) District courts (district level civil
court)
↑  acts as appeal court in relation
to the judgments passed by
↑ civil courts, not conduct
retrial (note) it investigates in
↑ these cases
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 pecuniary jurisdiction:- it
↑ conducts trial only when
dispute is of higher pecuniary
↑ value
b) Court of session (sessions court)
↑ (district level criminal court):-
 hear criminal appeal
↑  grave offences like murder ,
rape case can be tried only
↑ 
why sessions court
acts as appeal court in relation
to the judgments passed by
Magistrate courts
Bottom  Trial courts
Level ↑  Two types
a) Civil courts or munsiff
b) Magistrate courts
 ORGANISATION OF SUPREME COURT
 Article 124 (1)
 The SC is comprised of Chief Justice of India and
7 other judges.
 However, Parliament by law may increase the
number of judges.
 By The SC (number of Judges) Act 1958, the
number of judges got increased from {CJI + not
more than 7} to { CJI + not more than 10}
work load into account
 As per the Supreme Court (Number of judges)
Amendment Act, 2008, the court is comprised of
Chief Justice of India and not more than 30
judges.
 As the Supreme Court (Number of judges)
(Amendment) Act, 2019, latest amendment, the
court is comprised of Chief Justice of India and
not more than 33 judges.{total 34}
 CJI= master of the roster (from British ) for
allocation of cases to Benches of the Supreme
Court
JUDGES APPOINTMENT:-
 Under article 124 (3) who can be judge of SC?
 Judge of one or more HC for not less than 5
years
 Advocate in one or more HC for a period of
not less than 10 years
 Person In opinion of president is a
distinguished jurist
……..1st class ended, 2nd started…….
 Under article 124 (2) about how can be a CJI?
 The President appoints Chief Justice of India
after consulting as many Supreme Court and
High Court judges as he may think fit. While
appointing a judge other than Chief Justice
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of India, he shall consult Chief Justice of
India.
 Every judge of SC is appointed by president
by warrant (enforceable order) under his
hand and seal after consulting such judges of
supreme courts and HC as president may
think fit
 While appointing a judge other than Chief
Justice, President shall consult CJ of India
{Puisne :- a judge other than CJ of a
constitutional court , in other words a junior
judge in comparison with CJ of SC,HC}
 Under article 217(1)
 Every judge of a HC is appointed by
President by warrant under his hand and
seal after consulting CJI of India and
Governor of a state
 While appointing a Judge other than HC
Chief justice, President shall consult the CJ
(chief justice) of the HC.
 the President appoints Chief Justice of High
Court after consulting Chief Justice of India
and the Governor of the state. While
appointing a judge other than Chief Justice
of High Court, he shall consult Chief Justice
of High Court.
 Under Article 222(1)
 A judge of a HC can be transferred by President
in consultation with CJI. {CJI is only authority to
be consulted in this matter}
 Note:-The meaning of the term ‘Consultation’ has
been debated resulting in the following judicial
pronouncements which are also known as Judges
Cases
 JUDICIAL PRONOUNCEMENTS BY SC
1. S.P GUPTA V/S UNION OF INDIA 1982
 Also called first judges case
 7 judge bench of SC was to answer two substantial
questions of law regarding the interpretation of
Constitution
 A seven Judges Constitution bench ruled that the
President is not bound by the opinion expressed by
the Chief Justice of India as the Constitution required
him to only consult the Chief Justice and consultation
does not mean concurrence.
 However, consultation can be full and effective
requiring the President to furnish all the material
details under consideration so as to enable the Chief
Justice to form an informed opinion.
 However, the President is not bound by the same. It
was also ruled that a judge can be transferred against
his will.
 While appointing or transferring of judges is binding
to president
 Note:-
 substantial question of law:- it is a question of
law that has not been conclusively settled by SC
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{no authoritative answer to this question means
supreme court has not answered this question
related to law}
 Constitution bench:- Article 145(3) of the
constitution prescribes that a bench constituted
in SC for deciding a substantial question of law
regarding the interpretation of the constitution
shall have a minimum of 5 judges
2. THE SECOND JUDGES CASE
(SUPREME COURT ADVOCATES-ON-
RECORD ASSOCIATION V/S UNION OF
INDIA, 1993)
 A nine judges bench of Supreme Court over
ruled its previous decision and pronounced that
the opinion of the Chief Justice is finally binding
on the President.
 However, the opinion of the Chief Justice of
India shall not be his personal opinion instead
the opinion of judiciary formulated in
consultation with 2 senior most judges of the
Supreme Court, who shall constitute the
Collegium.
 Within the collegium, the opinion of the Chief
Justice of India shall have primacy.
 President has power to send an opinion back to
collegium for reconsideration with cogent
reasons recorded and the Chief Justice shall
initiate consultation afresh and afterwards if he
reiterates the recommendations, the President
is bound by it.
 Appointment of Judges, it was held, is an
integrated participatory consultative process to
select the best and the most suitable person for
appointment as judges.
 In this exercise, both executive and judiciary
have a complementary role to play. It was also
ruled that as far as possible, seniority principle
shall be the guiding criterion while appointing
the Chief Justice of India
3. SPECIAL REFERENCE NO.1 (1998)
 also called 3rd judges case
 also called "in re appointment and transferable
of judges"
 In response to a Presidential reference under
article 143, a 9 judges bench was constituted to
clarify the 1993 decision and they pronounced
the law in following terms.
a) The Chief Justice of India shall consult 4 senior
most judges instead of 2 while appointing the
Supreme Court judges and transferring High
Court judges. While appointing High Court
judges, the Chief Justice of India should consult
only 2 senior most judges.
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b) If, at any point of time, it is known that none of
the judges in the collegium is likely to succeed
the Chief Justice of India, then the judge who is
likely to succeed the Chief Justice under the
seniority principle shall also be included in the
collegium.
c) Though the opinion of the Chief Justice of India
shall continue to have primacy, if 2 or more
judges of collegium oppose a proposal, the Chief
Justice shall recommend the same. However no
opinion unsupported by the Chief Justice shall
be recommended on behalf of Collegium.
d) While making an appointment in relation to a
High Court, Chief Justice of India shall also
consult the senior most Supreme Court Judges
who are conversant with the affairs of the High
Court on account of them having served the
High Court in the past (These judges are often
known as consultee judges)
e) While transferring High Court judges, the Chief
Justice of India shall consult the Chief Justice of
High Court which are parties to the transfer and
these Chief Justices shall formulate their opinion
in consultation with 2 senior most judges of their
courts so that the opinion tendered to the Chief
Justice of India shall be the opinion of the
concerned high court.
f) If the procedure stipulated is not followed, then
the President is not bound by such a
recommendation.
g) Judicial Review also is available in case of non-
compliance of procedure
 The Constitution (99 Amendment)
Act, 2014.
1. Article 124 (2), article 217 (1) and article 222 (1)
were amended to replace the word
‘consultation’ with ‘*on the recommendation of
NJAC referred to in article 124(A)+’.
2. Article 124 A was inserted in the Constitution.
Under article 124 (A) (1), there shall be National
Judicial Appointments Commission consisting of,
a) The Chief Justice of India as the ex-officio
chairperson.
b) 2 senior most judges next to the CJI as
members ex- officio
c) Union minister for law and justice as ex-
officio member.
d) 2 eminent persons nominated by a
committee comprising of Prime Minister,
leader of opposition and the Chief Justice of
India, for a non- renewable term of 3 years
as ex-officio members
3. Article 124 B was added by which the duty of the
commission was prescribed which included the
power to recommend names for appointment of
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Chief Justices and judges of Supreme Court and
High Court, as well as to recommend the
transfer of high court judges. 4. Article 124 C
was added by which the Parliament was given
the power to regulate the proceedings of NJAC
by enacting law.
4. Article 127, article 128, article 224 and article
224 (A) were amended to enable NJAC to
recommend the appointment of ad-hoc judges
in the Supreme Court, attendance of retired
judges in the Supreme Court, appointment of
additional and backing judges of high court and
attendance of retired judges in high court
respectively.
5. NJAC Act was also simultaneously passed under
article 124 (C).
4. FOURTH JUDGES CASE/ SUPREME
COURT ADVOCATES ON RECORD
ASSOCIATION V/S UNION OF INDIA,
2015:
 The court ruled that any change made to Article
124 (2), article 217 (1) and article 222 (1) shall
comply with the Law of Primacy of the opinion
of the judiciary as pronounced in 1993 because
it is integral to the independence of judiciary
which is a part of basic structure.
 Article 124 (A) formed the constituent of all
changes made under the Constitutional (99th
amendment) Act, 2014. If Article 224 (A) is
rendered unconstitutional, the entire
amendment act would have been
unconstitutional.
 Article 124 (A)(a)(b) are unconstitutional as they
provided for the judicial component of NJAC
which is comprised of 3 members out of 6
members commission. Hence, it is violative of
Law of Primacy of opinion of judiciary.
 Article 124 (A) (1) (c) is unconstitutional as it
provided for union law minister who represents
Union of India which happens to be the largest
litigant. Allowing litigant to hand pick judges is
unconstitutional.
 Article 124 (A) (1) (d) is unconstitutional as the
term eminent persons is vague, leaving open the
possibility of persons having no eminence in
law/ judicial affairs getting appointed as
members of NJAC and hence unconstitutional
 TOPIC: REMOVAL OF JUDGES
 Under Article 124(4),
 A Judge of the Supreme Court shall not be
removed from his office except by an order of
the President passed after an address by each
House of Parliament supported by a majority of
the total membership of that House and by a
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majority of not less than two thirds of the
members of that House present and voting has
been presented to the President in the same
session for such removal on the ground of
proved misbehaviour or incapacity.
 Under Article 124(5),
 Parliament may by law regulate the procedure
for the presentation of an address and for the
investigation and proof of the misbehaviour or
incapacity of a Judge under clause (4).
 Under Article 217 (1) (b),
 a Judge may be removed from his office by the
President in the manner provided in clause ( 4 )
of Article 124 for the removal of a Judge of the
Supreme Court.
 Article 124(5).
 Parliament had passed The Judges (Inquiry) Act
in accordance with Article 124(5).
 JUDGES (INQUIRY) ACT, 1968
 An Act to regulate the procedure for the
investigation and proof of the misbehaviour or
incapacity of a judge of the Supreme Court or of
a High Court and for the presentation of an
address by Parliament to the President and for
matter-, connected therewith.
 If notice is given of a motion for presenting an
address to the President praying for the removal
of a Judge signed,- (a) in the case of a notice
given in the House of the People, by not less
than one hundred members of that House; (b) in
the case of a notice given in the Council of
States, by not less than fifty members of that
Council; then, the presiding officer , after
consulting such persons,, if any, as he thinks fit
and after such materials, if any, as may be
available to him, either admit the motion or
refuse to admit the same.
 It the motion is admitted, the presiding officer
shall keep the motion pending and constitute, as
soon as may be, for the purpose of making an
investigation into the grounds on which the
removal of a Judge is prayed for, a Committee
consisting of three members of whom- (a) one
shall be chosen from among the Chief Justice
and other Judges of the Supreme Court ; (b) one
shall be chosen from among the Chief Justices of
the High Courts; and (c) one shall be a person
who is, in the opinion of the Speaker or, as the
case may be, the Chairman, a distinguished
jurist.
 Provided that where notices of a motion are
given on the same day in both Houses of
Parliament, no Committee shall be constituted
unless the motion has been admitted in both
Houses and where such motion has been
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admitted in both Houses, the Committee shall
be constituted jointly by the Speaker and the
Chairman
 The Committee shall frame definite charges
against the Judge on the basis of which the
investigation is proposed to be held. Such
charges together with a statement of the
grounds on which each such charge is based
shall be communicated to the Judge and he shall
be given a reasonable opportunity of presenting
a written statement of defence within such time
as may be specified in this behalf by the
Committee.
 Where it is alleged that the Judge is unable to
discharge the duties of his office efficiently due
to any physical or mental incapacity and the
allegation is denied, the Committee may arrange
for the medical examination of the Judge by
such Medical Board as may be appointed. If the
Judge refuses to undergo medical examination
considered necessary by the Medical Board, the
Board shall submit a report to the Committee
stating therein the examination which the Judge
has refused to undergo, and the Committee
may, on receipt of such report, presume that the
Judge suffers from such physical or mental
incapacity as alleged.
 The Committee may, after considering the
written statement of the Judge and the medical
report, if any, amend the charges framed under
sub-section and in such a case, the Judge shall
be given a reasonable opportunity of presenting
a fresh written statement of deface. The Central
Government may, if required by the presiding
officer appoint an advocate to conduct the case
against the Judge.
 If the report of the Committee contains a finding
that the Judge is not guilty of any misbehaviour
or does no suffer from any incapacity, then, no
further steps shall be taken in either House of
Parliament in relation to the report and the
motion pending in the House or the Houses of
Parliament shall not be proceeded with.
 If the report of the Committee contains a finding that
the Judge is guilty of any misbehaviour or suffers
from any incapacity, then, the motion shall to- gether
with the report of the Committee, be taken up for
consideration by the House or the Houses of
Parliament in which it is pending. If the motion is
adopted by each House of Parliament, then, the
misbehaviour or incapacity of the Judge shall be
deemed to have been proved and an address praying
for the removal of the Judge shall be presented in the
prescribed manner to the President by each House of
Parliament in the same session in which the motion
has been adopted
……..2nd class ended, 3rd started…….
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TOPIC SC JURISDICTIONS
 Jurisdictions can be classified into
A. Original jurisdiction
B. Appellate
C. Advisory
D. Review
A.ORIGINAL JURISDICTIONS
1. WRIT JURISDICTION:
 Under article 32(2), the Supreme Court has
power to issue writs or orders in the nature of
habeas corpus, mandamus, Prohibition,
certiorari and quo-warranto to enforce
Fundamental rights.
 Prerogative writs:- five in nature , to protect the
citizens from the powers of legislature and are
indicative in nature
 SC as custodian of FR, (Part III), has been
conferred this power
 The SC is truly the sentinel on the qui vive
(watchful guardian' of our democracy), as
regards the fundamental rights of all citizens.
 Example:- Implementation of farm laws has
been stayed by SC and no reason was assigned
for staying farm laws :- Representing SC’s Power
Under Art 32(2) ,Don’t write it but analyse
technically SC wanted to bring Farmers on
negotiable table}
 Parliament has power to confer FRs on any other
court by enacting law, however, no such law is
enacted till date {Very Important statement as
courts can be any }
2. ORIGINAL SUITS:
 Under article 131, the Supreme Court has
original and exclusive jurisdiction (SC becomes
trial court also and only SC can entertain such
petition) to adjudicate the disputes between,
a) Union of India on one side and 1 or more
states on the other side.
b) Union of India and state/states on one side
and one or more states on the other side.
c) Between 2 or more states.
 What is the nature of dispute
 Can be a question of law or a question of
fact on which a legal right is depending on
 Doctrine of political question :- political
controversy having nothing legal and cannot
be taken to SC. The political question
doctrine holds that some questions, in their
nature, are fundamentally political, and not
legal, and if a question is fundamentally
political ... then the court will refuse to hear
that case. It will claim that it doesn't have
jurisdiction.
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 A state can challenge or not a parliamentary
law in SC is pending in SC
 Why :- because if SC allows then States
can challenge parliamentary laws and
parliament can do same also in SC so the
decisions are pending in SC like
 Citizen Amendment Act challenged by
Kerala in SC on grounds of discrimination
and un-constitutional , this is pending in
SC
 State of Jharkhand filled case in SC
against Bihar reorganization Act :- if
fundaments rights are violated then
there is article 32 and final decision is
also pending
 Exceptions to Suit Jurisdiction:
a) Pre-Constitutional agreements or treaties.
 Understand by following example
 500+ princely states signed instrument of
accession, and if legality of it is challenged in
SC
 Very foundation of our nationhood or
statehood is questioned
 These cannot be challenged under art131
 It is upto central govt to decide the legality
keeping in mind what is national interest {SC
cannot adjudicate but if president has doubt
, He can seek the advice of SC
b) Inter-state river water dispute as provided under
article 262 read with section 11 of the River
Water Dispute Act, 1956.
 Once president refers a dispute to a tribunal
, SC’s jurisdiction can be excluded
 However, A law enacted by parliament
empowers president only to create a judicial
body
 2019 NDA introduced a bill in parliament to
include the judicial and non-judicial persons
in tribunal to make it broad or to
institutionalize the mechanism at national
level by constituting a national level tribunal
for this matter
c) Matters referred to the Finance Commission
(Article 280).
d) Expenditure adjustment between Centre and
State Governments.
3. TRANSFER JURISDICTION:
A. Under article 139(A) (1)
 the Supreme Court has power to transfer one or
more cases pending before one or more High
Courts to itself if it contains a substantial
question of law of general importance, which
needs to be decided by SC so that Supreme
Court can conclusively declare the Law of the
Land and thereafter can either dispose those
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cases by itself or can remand those cases to the  Suo-moto power of SC , SC can even initiate
concerned High Courts for disposal in the light of proceeding under article 136
the law declared by the Supreme Court.  Article 136 is one of the main reasons SC has
 Such transfer can be made irrespective of become overburden with Cases
whether such a issue is already pending before
SC or Not
3. STATUTORY APPEAL:
 If the Parliament by law provides for appeal to
 SC can transfer to itself
the Supreme Court, it becomes a statutory
a. Suo moto transfer
appeal.
b. On request of any of a parties to a case
 To resolve environmental related issues ,NGT
c. On request of Attorney general
was created so order passed by NGT can be
B. Under Article 139(A) (2),
appealed before SC
 the Supreme Court has power to transfer a case
 Here parliament enlarged the jurisdiction of SC
from one High Court to another in the interest of
(note it)
justice.
 Under Art 136 any order can be challenged but
 If it is found expedient in interest of justice
when it comes to Armed forces it is excluded
4. ELECTION JURISDICTION: under Art136 and hence the parliament decides
to provide the jurisdiction to SC or Tribunal
 Under Article 71, SC has exclusive jurisdiction to
 Example:-
adjudicate disputes arising from election of the
a. Section 22 of National Green Tribunal Act,
President and the Vice-President.
2010
 Either a candidate or not less than 20 members
b. Section 23 of Consumer Protection Act, 1986
of the electoral college in case of presidential
election or not less than 10 members of the c. Section 30 of Armed Forces Tribunal Act,
electoral college in case of Vice-president 2007


election can file such a petition
Bench prescribed is 5 judges in SC
B. APPELLATE JURISDICTION:
1. CONSTITUTIONAL APPEALS
 Appeal provided/permitted under the Constitution:
 Under article 132, an appeal will lie/can be filled
before the Supreme Court against a judgment/ final
order passed by a High Court in a civil, criminal or
any other case, provided the High Court certifies that
the case contains a substantial question of law
regarding the interpretation of the Constitution
which needs to be decided by the Supreme Court.
 The case decided by the HC may be a civil, criminal or
any other proceeding. Irrespective the nature of
other case
 Under article 133, an appeal will lie before the
Supreme Court against a judgment/ final order
passed by a High Court in a civil case provided the
High Court certifies that the case contains a
substantial question of law of general importance
which needs to be decided by the Supreme Court.
 Under article 134, an appeal will lie before the
Supreme Court against a judgment/ final order
passed by High Court in a criminal case provided the
High Court certifies that the case is fit to be appealed
before the Supreme Court.
2. APPEAL BY SPECIAL LEAVE:
 Under article 136, the Supreme Court has power
to entertain appeal in its discretion against a
judgment/order passed by any court/ tribunal in
the territory of India except those constituted
under a law relating the armed forces.
 It shows expensive powers of SC
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C. ADVISORY JURISDICTION:
 Under article 143(1), the President has the
power to consult or seek the advice of the
Supreme Court on a question of law or fact of
public importance which has arisen or is likely to
arise
 The court after conducting such hearing as it
may think fit, may advise/report the President.
 However, the report may or may not contain a
clear opinion or advice and It is neither
mandatory for court to advise, nor it is
obligatory on the President to abide.
 However, if the opinion sought is on a pre-
Constitutional agreement or treaty, the court
shall tender/give its advice/opinion. But, the
president is not bound by the same.
 So, it is fundamentally a power of President
 Note:- SC can also have no opinion like in Ram
Janam Bhumi Ayodhya case , 1st time a question
of fact was referred to SC and SC said it has no
opinion whether a temple existed or not
 Every reference under article 143 shall be heard
by a bench comprising of not less than 5 judges
as mentioned under article 145
D.REVIEW JURISDICTION:
 Under article 137, the Supreme Court has power
to review its own judgments and orders in
accordance with rules laid down under article
145.
 Under the Supreme Court Rules 2013, which
were formulated under article 145, a review
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petition shall be filed within 30 days and shall be
circulated in the chambers of the judges who  Every review petition therefore is to be listed
decided the case, as they constitute a review
bench.
 As far as practicable, there shall be no oral
arguments. In 2014, the Supreme Court had held
that a review petition on death sentence shall be
heard in open court by a bench comprising not
less than 3 judges.
……..3rd class ended, 4th started…….
 ABOUT REVIEW PETITION
 When there is any grave error in order of SC, it
becomes error in law. Because the order passed by SC
is not just about the parties involved, it also effects all
because under Article-141 , the legal principles
contained in judgement would be applicable to entire
country
 Therefore review jurisdiction as such is a power
available to every court , so that, from local court
through HC till SC, it is the power of any such court to
make any correction if there is any great error which
is there in the order , but in case of SC, such a mistake
is supreme mistake because it will lay down an
important law
Article 137 :-Review of judgments or orders by the
Supreme Court Subject to the provisions of any law made
by Parliament or any rules made under Article 145, the
Supreme Court shall have power to review any judgment
pronounced or order made by it
 Constitution of India also recognises this power
belonging to SC, under Art 137 is the provision of
review jurisdiction and it says that SC has the power
to review its own Judgements and orders in
accordance with the rules of the court & the laws
enacted by Parliament
 Under the SC rules, every review petition in SC must
be listed before the same judges who had originally
decided the case. And the time to fill the review
petition is within 30 days under SC rules. But SC can
condole the delay time in case of any emergency
 The same judges constitute the review bench, but CJI
can nominate a new Judge also
 If CJI himself gets retired and he was presiding Judge
in bench, then in this case SC sometimes held the
review petition until the new judgement comes from
further more judges bench
 But why the same judges , the reason is that you
cannot appeal against SC against the SC, means
purpose of review petition is not re-hearing, instead
the purpose is to ensure that if there is any error
apparent on the face of the record (if mistake is so
gross), the court will correct/rectify it.
 ERROR APPARENT CAN BE OF TWO
TYPES
a) Legal error:- error in law , like there is wrong
interpretation or declaration of law which is
in variance with fundamentals constitutional
principles then that is an error apparent with
regard to law
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b) Factual error:-
circulation in the chamber of the judges who had
decided the case. (circulation means the copies of the
case are distributed among judges in their chambers
and they will examine the petition and they will sit
together in the chamber of the presiding judges and
they will quickly examine and decide as to whether
the petition is to be ended or not . in other words
there is no open court hearing and lawyers are not
allowed to argue , it is a purely a office affair (time
allotted for a review petition is 5 minutes)
 Therefore if in the chambers the judges feel that the
case is to be heard in detail, they issue a notice and
may posted for open court hearing as happened in
Sabrimala case where Public has access (open court)
 Exception:- there is an exception to the listing of
review petition in the chambers i.e.. review petition
regarding death sentences
 In 2014:- SC in a case titled Mohammad Arif V/S
SC, accused who was convicted in red fort attack
case, after his appeal was dismissed , and a
review petition was also dismissed but he
challenged SC before SC questioning the rules of
SC asking a question how can you dismiss my
review petition in the darkness of the chambers
as this petition is about his life and death
 SC referred it to constitution bench and SC
declared that any review petition when it comes
to death sentence shall be heard in open court
and this resulted in to amendment in rules of SC
& Such a petition shall be heard by bench
consisting of not less than 3 judges
 If the error remains even after the review stage
 Infact SC is not under any compulsion to have any
step beyond review. Review itself is a power which
can be regarded as discretionary decision by SC , it is
not an obligation and entitlement
 Constitution did not conceive any state beyond
review. However, if the process of the court is itself
gets abused then shouldn’t there be a stage beyond
review
 SC in a landmark case titled Rupa Ashok Hurra v/s
Ashok Hurra, 2002 declared that the Supreme
Court has the power to entertain curative petition
(beyond the review stage to prevent the abuse of the
process of the court as well as to cure the gross
miscarriage of justice if any) by the exercise of its
inherent powers so as to prevent the abuse of the
process of the court, as well as to cure gross
miscarriage of justice.
 Be-aware when it comes to review petition a
time of 30 days is there, but when it comes to
Cure petition there is no time limit it has to be
filed as early as possible. So the grounds of
curative petition are very limited like
a) Violation of principles of natural justice
b) If a judge who is hearing a case fails to
disclose in its interest in one of the parties
which may result into judicial bias
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 Therefore justice shall not only be done , it shall  Parliament by law may provide for investigation,
also be seen to be done
 Original bench  review bench  curative bench
 THE CURATIVE PETITION:-
 A Constitution bench in Rupa Ashok Hurra v/s
Ashok Hurra, 2002 declared that the Supreme
Court has the power to entertain curative
petition by the exercise of its inherent powers so  ARTICLE 124 THE UNION JUDICIARY –
as to prevent the abuse of the process of the
court, as well as to cure gross miscarriage of
justice.
 Violation of Principles of Natural Justice, failure
of judge to disclose his personal interest in one
of the parties of the case leading to allegation of
bias, can be the grounds to prefer curative
petition.
 The petition shall be circulated in the chambers
of 3 senior most judges, along with the judges
who originally decided the case, if they are in
service.
 As far as practicable, there is no often hearing or
oral arguments. The Supreme Court in Yakub
Menon v/s State of Maharashtra, 2015 clarified
that the curative bench comprising of 3 senior
most judges is not required to include the judges
who were part of review bench in case the
original benches got retired.
 In other words, a bench comprising of 3 senior
most judges would be sufficient to hear the case.
 TOPIC: REMOVAL OF JUDGES
 Under Article 124(4),
 A Judge of the Supreme Court shall not be
removed from his office except by an order of
the President passed after an address by 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 the
members of that House present and voting has
been presented to the President in the same
session for such removal on the ground of
proved misbehaviour or incapacity.
 In simple words, A Judge of the Supreme Court
shall not be removed from his office except by
an order of the President only on the grounds of
proved misbehaviour or incapacity upon a
motion passed in each house supported by a
special majority followed by an address to
president requesting the removal of the judge
and the president passes the order if the
motions are passed in the same session.
 Under Article 124(5),
 Parliament may by law regulate the procedure
for the presentation of an address and for the
investigation and proof of the misbehaviour or
incapacity of a Judge under clause (4).
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proof and address. parliament enacted The
Judges (Inquiry) Act 1968 to provide for the
removal of the SC and HC judges
 Article 124(5):-Parliament had passed The
Judges (Inquiry) Act in accordance with Article
124(5).
CONSTITUTION OF INDIA
1. There shall be a Supreme Court of India consisting of
a Chief Justice of India and, until Parliament by law
prescribes a larger number, of not more than seven2
other Judges.
2. Every Judge of the Supreme Court shall be appointed
by the President by warrant under his hand and seal
after consultation with such of the Judges of the
Supreme Court and of the High Courts in the States as
the President may deem necessary for the purpose
and shall hold office until he attains the age of sixty-
five years: Provided that in the case of appointment
of a Judge other than the Chief Justice, the Chief
Justice of India shall always be consulted: Provided
further that—
a) a Judge may, by writing under his hand
addressed to the President, resign his office;
b) a Judge may be removed from his office in the
manner provided in clause (4).
 (2A) The age of a Judge of the Supreme Court shall be
determined by such authority and in such manner as
Parliament may by law provide.]
3. A person shall not be qualified for appointment as a
Judge of the Supreme Court unless he is a citizen of
India and—
a) has been for at least five years a Judge of a High
Court or of two or more such Courts in
succession; or
b) has been for at least ten years an advocate of a
High Court or of two or more such Courts in
succession; or
c) is, in the opinion of the President, a distinguished
jurist
 Explanation I.—In this clause “High Court” means a
High Court which exercises, or which at any time
before the commencement of this Constitution
exercised, jurisdiction in any part of the territory of
India.
 Explanation II.—In computing for the purpose of this
clause the period during which a person has been an
advocate, any period during which a person has held
judicial office not inferior to that of a district judge
after he became an advocate shall be included.
4. A Judge of the Supreme Court shall not be removed
from his office except by an order of the President
passed after an address by 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 the members of that House present and
voting has been presented to the President in the
same session for such removal on the ground of
proved misbehaviour or incapacity.
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5. Parliament may by law regulate the procedure for the
presentation of an address and for the investigation
and proof of the misbehaviour or incapacity of a
Judge under clause (4).
6. Every person appointed to be a Judge of the Supreme
Court shall, before he enters upon his office, make
and subscribe before the President, or some person
appointed in that behalf by him, an oath or
affirmation according to the form set out for the
purpose in the Third Schedule.
7. No person who has held office as a Judge of the
Supreme Court shall plead or act in any court or
before any authority within the territory of India
 Under Article 217 (1) (b),
 a HC Judge may be removed from his office by the
President in the manner provided in clause ( 4 ) of
Article 124 for the removal of a Judge of the Supreme
Court.
 A high court judge can be removed only in the
manner provided under Article 124(4).
 So when it comes to removal , a HC judges is a SC
judges because same procedure has to be followed ,
so it demonstrates that HC are constitutional courts
belonging to a separate category with SC
 NOTE:- There is no statutory platform
available enabling a common citizen to file
complaints against any corrupt judge if any,
secondly law doesn’t describe or define
misbehaviour
 A bill named The Judicial Standards and
Accountability Bill, 2010 was introduced in
Parliament to replace The Judges (Inquiry) Act
1968. This bill sought to address two major
problems of the existing legislation
a) Lack of definition of misbehaviour
b) About setting judicial standards
 Under this situation, a complaint can be filed
before National Judicial Oversight committee
(NJOC) (Statutory body) consisting of a former
CJI, a SC Judge (Nominated by CJI), A HC CJ
(Nominated by CJI), Attorney General , Eminent
citizen
 If misbehaviour is serious judges is asked to
Resign, if he refuses to reign then NJOC sends
report to PM to initiate removal process in
parliament
 The Bill was not passed as SC already has in-
house mechanism
 Article 217. Appointment and conditions of
the office of a Judge of a High Court
1. Every Judge of a High Court shall be appointed by the
President by warrant under his hand and seal after
consultation with the Chief Justice of India, the
Governor of the State, and, in the case of
appointment of a Judge other than the chief Justice,
the chief Justice of the High court, and shall hold
office, in the case of an additional or acting Judge, as
provided in Article 224, and in any other case, until
he attains the age of sixty two years Provided that
 (a) a Judge may, by writing under his hand addressed
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to the President, resign his office;
 (b) a Judge may be removed from his office by the
President in the manner provided in clause ( 4 ) of
Article 124 for the removal of a Judge of the Supreme
Court;
 (c) the office of a Judge shall be vacated by his being
appointed by the President to be a Judge of the
Supreme Court or by his being transferred by the
President to any other High Court within the territory
of India
2. A person shall not be qualified for appointment as a
Judge of a High Court unless he is a citizen of India
and
 (a) has for at least ten years held a judicial office in
the territory of India; or
 (b) has for at least ten years been an advocate of a
High Court or of two or more such Courts in
succession; Explanation For the purposes of this
clause
 (a) in computing the period during which a person
has held judicial office in the territory of India, there
shall be included any period, after he has held any
judicial office, during which the person has been an
Advocate of a High Court or has held the office of a
member of a tribunal or any post, under the Union or
a State, requiring special knowledge of law;
 (aa) in computing the period during which a person
has been an advocate of a High Court, there shall be
included any period during which the person has held
judicial office or the office of a member of a tribunal
or any post, under the Union or a State, requiring
special knowledge of law after he became an
advocate;
 (b) in computing the period during which a person
has held judicial office in the territory of India or been
an advocate of High Court, there shall be included
any period before the commencement of this
Constitution during which he has held judicial office
in any area which was comprised before the fifteenth
day of August, 1947 , within India as defined by the
Government of India Act, 1935 , or has been an
advocate of any High Court in any such area, as the
case may be
3. If any question arises as to the age of a Judge of a
High Court, the question shall be decided by the
President after consultation with the Chief Justice of
India and the decision of the President shall be final
 HIGH COURTS FOR THE STATES
 Part-VI Chapter -5 of the constitution provides
for the HC under Article 214, there shall be a HC
for each state .However, it is subject to Article
231 under which parliament by Law cab
establish a common HC for two or more states
or for two or more states and a UT
 Under article 216, every HC shall consist of a
Chief Justice and such other Judges as the
president may from time to time finds it
necessary to appoint.
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 Note:- in case of SC, it is to be decided by
parliament by law , but in case of HC ,
presidential order is required
 CONSTITUTING HC BENCHES
 Note when a new HC is created, the law which is
providing for the new state will also provide for the
new HC. So the details regarding the benches of
constitution are not provided in constitution but are
provided in law
 Under States Re-Organisation Act section 51, talks
about benches and three things
a) The principal seat of HC:- decided by presidential
order by a notification
b) Permanent bench :-like Lucknow bench of
Allahabad HC
c) What can be regarded as circuit bench :- such
mechanisms are created by way of
administrative decision by HC Chief justice with
prior permission of Governor
 THE JURISDICTION OF HC:-
a) Writ jurisdiction under Art 226
b) Transferable jurisdiction under Art-228
c) Election jurisdiction under Section 80 of RPA-
1951
 {80. Election petitions.—No election shall be
called in question except by an election petition
presented in accordance with the provisions of
this Part.}:- when it comes to a dispute to a
parliamentary elections or a state assembly
elections (LS+RS+ LA+LC) , the petition can be
filed only before HC, HC is the court which will
conduct the trial of election petition
d) Admiralty jurisdiction :-
 It means maritime dispute jurisdiction:- in 2017,
Parliament enacted a legislation which is titled
the Admiralty Act . under which HC of those
states which have coast line or sea-shore those
were given Admiralty jurisdiction + Central govt
by notification can confer this jurisdiction to any
HC as well even if it doesn’t belong to coastal
states
 Admiralty jurisdiction: The jurisdiction with
respect to maritime claims under the Bill will
vest with the respective High Courts and will
extend up to the territorial waters of their
respective jurisdictions. The central government
may extend the jurisdiction of these High Courts.
e) Original suit jurisdiction
 To conduct the trial of civil disputes ,in some
states or some HCs do have original suit
jurisdiction like Delhi, Kolkata, Bombay HC
 Like in Kolkata HC:- if dispute is not less than 1
crore then HC is approached in this civil side
f) Contempt Jurisdiction
 All HCs do have contempt jurisdiction
 It is of two types under Contempt of Courts Act
1971 (Civil + Criminal)
 So in case of contempt of any subordinate court,
that court will not punish you, the power is in
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hands of HC to examine and punish one who
disobeys the court
g) Distinct constitutional power under Art 215:-
power to Punish Individuals for contempt of HC
(Article-215. High Courts to be courts of record
Every High Court shall be a court of record and
shall have all the powers of such a court
including the power to punish for contempt of
itself)
h) Appellate Jurisdiction
 the right of a court to change the decisions of a
lower court. Court cases, orders & decision
 criminal side appellate jurisdiction extends to
criminal appeal heard by HC against the
judgements of sessions court
i) In its revisional jurisdiction,
 the High Court can examine the records of any
proceedings for satisfying itself as to the
correctness, legality or propriety of any finding,
sentence or order and the same was upheld by
High Court of Delhi through the learned bench
led by JUSTICE ASHA MENON in the case of
RAJENDER SINGH
 Revisional jurisdiction extends in relation to the
criminal appeals decided by HC
j) Supervisory jurisdiction
 Supervisory jurisdiction under Article 227 of the
Constitution is exercised for keeping the
subordinate courts within the bounds of their
jurisdiction. When the subordinate Court has
assumed a jurisdiction which it does not have,
the High Court may step in to exercise its
supervisory jurisdiction
 It is of two types
a) Administrative control of all subordinate
judiciary
b) Judicial control of all subordinate judiciary
 CONSTITUTIONAL COURT OF INDIA AND
NATIONAL COURT OF APPEAL
 The Supreme Court has original, appellate and
advisory jurisdiction
 If you take away appellate jurisdiction, what remains
thereafter is known as constitutional jurisdiction in
relation to which SC becomes constitutional court of
India
 Why:- large number of appeals coming from various
courts of country to SC. SC becomes unable to
function as constitutional court
 In France – there are court of cassation (nothing but
national court of appeal)
 ARTICLE 226 IN THE CONSTITUTION
OF INDIA 1949
 226. Power of High Courts to issue certain writs
 (1) Notwithstanding anything in Article 32 every
High Court shall have powers, throughout the
territories in relation to which it exercise
jurisdiction, to issue to any person or authority,
including in appropriate cases, any Government,
within those territories directions, orders or
writs, including writs in the nature of habeas
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corpus, mandamus, prohibitions, quo warranto
and certiorari, or any of them, for the
enforcement of any of the rights conferred by
Part III and for any other purpose
 (2) The power conferred by clause ( 1 ) to issue
directions, orders or writs to any Government,
authority or person may also be exercised by any
High Court exercising jurisdiction in relation to
the territories within which the cause of action,
wholly or in part, arises for the exercise of such
power, notwithstanding that the seat of such
Government or authority or the residence of
such person is not within those territories
 (3) Where any party against whom an interim
order, whether by way of injunction or stay or in
any other manner, is made on, or in any
proceedings relating to, a petition under clause (
1 ), without
 (a) furnishing to such party copies of such
petition and all documents in support of the plea
for such interim order; and
 (b) giving such party an opportunity of being
heard, makes an application to the High Court
for the vacation of such order and furnishes a
copy of such application to the party in whose
favour such order has been made or the counsel
of such party, the High Court shall dispose of the
application within a period of two weeks from
the date on which it is received or from the date
on which the copy of such application is so
furnished, whichever is later, or where the High
Court is closed on the last day of that period,
before the expiry of the next day afterwards on
which the High Court is open; and if the
application is not so disposed of, the interim
order shall, on the expiry of that period, or, as
the case may be, the expiry of the aid next day,
stand vacated
 (4) The power conferred on a High Court by this
article shall not be in derogation of the power
conferred on the Supreme court by clause ( 2 )
of Article 32
 ARTICLE 228 IN THE CONSTITUTION
OF INDIA 1949
 228. Transfer of certain cases to High Court If the
High Court is satisfied that a case pending in a
court subordinate to it involves a substantial
question of law as to the interpretation of this
Constitution the determination of which is
necessary for the disposal of the case, it shall
withdraw the case and may
 (a) either dispose of the case itself, or
 (b) determine the said question of law and
return the case to the court from which the case
has been so withdrawn together with a copy of
its judgment on such question, and the said
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court shall on receipt thereof proceed to dispose
of the case in confirmity with such judgment
 JUDICIAL REFORMS THE WAY AHEAD
 PROBLEMS OF COURTS
a) Number of Pending cases
 Greatest problem is enormous pending of cases as
per the data of sep-15, 2021 , over 4.5 crore cases are
pending in courts of India. Out of these 4 crore are
pending in subordinate courts and over 56lakh cases
are pending before HCs
 As of 1jan-2022, in SC over 70,000 cases were
pending
b) Judge Population ration is also very less
 21-Judges /million India have:- declared by law
minister in 2021
 2002 :- in a landmark case All India Judges
Association v/s UOI, a constitution bench of SC
passed direction to GOI to increase the Judge
population ratio from the then Judge Population of
less than 15 to 50/million in span of 5 years
 From 15 to 21 just minimal increase was seen
 This case was felt as case of judicial overreach. India
has approximate 22000 judges as of now and to reach
the 50/million more judges will be required to be
recruited and in same number of buildings for
hearings
 However, the need of the hour is to increase Judge
population ratio to 50/million
c) Judiciary is very less invested sector in India
 At trial court level we charge some fees
 But in high courts, this fees is very very less
d) Dysfunctional ecosystem of judiciary
 Delaying of cases and dates are being given over
dates
 Read from yellow Book
 SOME REFORMS
 All India Judicial services can be created
 ARBITRATION is a procedure in which a dispute is
submitted, by agreement of the parties, to one or
more arbitrators (private judges) who make a binding
decision on the dispute. In choosing arbitration, the
parties opt for a private dispute resolution procedure
instead of going to court
 MEDIATION is a process wherein the parties meet
with a mutually selected impartial and neutral person
who assists them in the negotiation of their
differences. Mediation is an informal and flexible
dispute resolution process. The mediator's role is to
guide the parties toward their own resolution.
Through joint sessions and separate caucuses with
parties, the mediator helps both sides define the
issues clearly, understand each other's position and
move closer to resolution
 CONCILIATION A process in which the parties to a
dispute, with the assistance of a Tribunal member,
officer of the Tribunal or another person appointed
by the Tribunal (the conciliator), identify the disputed
issues, develop options, consider alternatives and
endeavour to reach an agreement
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 Lok Adalat is one of the alternative dispute redressal
mechanisms, it is a forum where disputes/cases
pending in the court of law or at pre-litigation stage  The use of Criminal contempt jurisdiction by
are settled/ compromised amicably. Lok Adalats have
been given statutory status under the Legal Services
Authorities Act, 1987
 THE COURT OF RECORD AND
CONTEMPT OF COURT:-
 The concept of Court of Record basically
originated in England. Indian Constitution’s
Article 129 and Article 215 declare the Supreme
Court and High Courts as Courts of record.
 A Court of Record is the one whose
a) Records including Judgments, Orders, directions
and other court processes are admissible as
evidence in all courts thorough out the country
and their admissibility cannot be challenged
when they are produced.
b) It has the power to punish individuals for its
contempt (HC under Art 215 + SC under Art 129).
 According to Supreme Court of India, a
Court of Record is one whose acts and judicial
proceedings are enrolled for perpetual memory
and testimony and which has the authority to
fine and imprison a person for contempt of itself
as well as of subordinate courts (A.K.Ghose V
Arabinda Bose,1953).
 While the contempt jurisdiction of subordinate
courts are kept with the concerned High Courts,
the contempt jurisdiction of High Courts and
Supreme Courts are inherent in them by virtue
of Article 129 and Article 215.
 CONTEMPT OF COURTS ACT, 1971
 In order to regulate contempt jurisdiction,
Parliament had enacted the act which classifies
contempt of court as civil and criminal,
 Civil contempt means any willful disobedience
of any judgment, order, direction or decree or
other process of any court or willful breach of
undertaking given to a court.
 Criminal Contempt happens when an individual
a) Scandalizes the judiciary
b) Tends to scandalize the judiciary
c) Lower the authority of any Court
d) Tends to lower the authority of any Court
e) Interferes or tends to interfere with the due
course of any judicial proceedings
f) Obstructs or tends to obstruct the
administration of justice in any manner.
 The punishment prescribed for both civil and
criminal contempt is simple imprisonment for a
term which may extend to six months, or with
fine which may extend to two thousand rupees,
or with both.
 According to SCI, the object of the 1971 Act is to
protect the seat of justice, not the judge.
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Therefore under the Act, even a judge can be
held responsible for contempt of her own Court .
Superior Courts has been a debatable issue
because it is “seen” by some as going against
principles of natural justice and interferes with
the freedom of speech and expression by the
citizens.
 In re Arundhati Roy, 2002 , SCI held that the
expressions such as “ Court displays disturbing
willingness to issue notice on an absurd
despicable entirely unsubstantiated petition” or
the “Court notice was intended to silence
criticism and muzzle dissent” did not fall in the
category of fair criticism.
 THE 2006 AMENDMENT
 In 2006 , the parliament made an amendment to
the 1971 Act, which provided that the Court
“may “ allow justification by truth as valid
defence in contempt proceedings if it is satisfied
that the alleged statement was made bonafide
and in public interest.
 274th Report of 20th Law Commission of
India (April 2018)
 The law commission was asked to look into
whether invoking criminal contempt jurisdiction
on the ground of “Scandalising the Court “ be
done away with by amending the Act, in the light
of Countries like UK doing away with the same.
The law Commission headed by Justice (retd)
B.S.Chauhan recommended against such a move
on the ground that it wont dilute the power
available to Superior Courts as they derive the
same from the constitution. On the other hand,
it may drastically affect the functioning of
subordinate judiciary, the protection of which is
currently ensured by the statute.
……..4TH CLASS ENDED, ALL CLASSES DONE…….
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