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The Supreme Court of India (Part v, Article 124 to 147): -


 Supreme Court inaugurated on 28th Jan 1950.
 Adopted from the Govt India act 1935.
 Supreme Court replaces by the Privy Council 1950.
 Constitutions declared Delhi as sits the Supreme Court.
 However CHEIF JUCTICE OF INDIA can appoint other places as Shift.
 Parliament can extent jurisdiction of Supreme Court.
 Supreme Court is Custodian of Constitution of India.
Composition and appointment of Supreme Court Judges: -
 Total Judges includes CHEIF JUCTICE OF INDIA 34 at Supreme Court.
 The Judges of Supreme Court are appointed by the president.
 The Chief Justice is appointed by the President after consultation such judges of the
Supreme Court and High Court.
 Third Justice Case – Consultation of Plurality Judges.
Qualification: -
 He should be citizen of India.
 He should have been a judge of a High Court for 5 years.
 He should have been an Advocated of a High Court of 10 years.
 He should be a distinguished Jurist of the opinion of the president.
 Constitution has not prescribed a minimum age of appointment as a judge.
 Oath: - Oath by President. As to make and subscribe an affirmation of the president.
 Tenure: - He holds office until he attains the age of 65 years.
 He can resign his office by writing to the president.
 He can be removed from his office by the president on the recommendation of the
parliament on grounds of, Misbehavior and Incapacity.
Removal of Judges: -
 Judges Enquiry acts 1968 regulate the processor.
 A removal motion sign by 100 members in case of Lok Sabha and 50 Members of in
the case of Rajya Sabha.
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Acting Chief Justice:
 The president can appoint of a judge of the Supreme Court on as an active chief
justice of India when office is vacant / CHEIF JUCTICE OF INDIA is Absent, CHEIF
JUCTICE OF INDIA unable to perform.
Ad hoc Judge:
 When there is a lake of quorum of the permanent judges to hold and continue any
session of the Supreme Court. And the CHEIF JUCTICE OF INDIA can a judge appoint
of High Court Ad Hoc Judge for a specific time.
Retired Judge:
 According to article 128 of the Indian Constitution, the chief justice of India may at any time request a
retired judge of the Supreme Court or a retired judge of a high court (who is duly qualified for appointment
as a judge of the Supreme Court) to act as a judge of the Supreme Court for a temporary period.

Jurisdiction and powers of Supreme Court: -


 Original Jurisdiction – Article 131.
 Write Jurisdiction – Article 32.
 Appellate Jurisdiction – Article
 Advisory Jurisdiction.
 Power of Judicial Review.
 Constitutional interpretation.
 It decides the dispute regarding the election of the president and the Vice President.
 Enquiries into the conduct and behavior of the chairman and members of UPSC.
 It has the power to review its own judgment and order.
 It has power of judicial superintendence and control over all the court and tribunal
functional entire territories of the country.
 Article 143 – power of president to consult the Supreme Court.
The High Court (Part 6, Article 214 to 231): -
 The institution of High Court originated in India on 1862 when the High Court was
setup at Calcutta and Madras.
 In 1966 a Fourth High Court was established at Allahabad.
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 The constitution of India provides for a HIGH COURT for Each State. But the 7th
Amendment act 1956 authorized the parliament to establish the common HIGH
COURT for 2 or more state and 2 or more state and a Union Territory.
 At present there are 25 HIGH COURT in India.
Composition and Appointment of HIGH COURT Judges: -
 Every HIGH COURT consists of a Chief Justice.
 Appointment of the Judges shall be made after consultation with such Judges of the
Supreme Court and of the High Courts in the States, as the President may deem
necessary.
 The Chief Justice of High Court is appointed by the president after consultation with
the chief justice of India and consults the governor of the state.
Qualification of judges of HIGH COURT: -
 He should be a citizen of India.
 He should have held a judicial office for 10 years.
 He should have been an advocate of High Court as 10 years.
 He should be a distinguished Jurist of the opinion of the president.
 Oath by governor.
 Tenure: - He holds office until he attains the age of 62 year.
 He can resign his office by writing to the president.
 He can be removed from his office by the president on the recommendation of the
parliament on grounds of, Misbehavior and Incapacity.
Removal of Judges: -
 A removal motion sign by 100 members in case of Lok Sabha and 50 Members of in
the case of Rajya Sabha.
Acting Chief Justice of HIGH COURT:
 The President can appoint the judges of the Supreme Court as an acting chief Justice
of HIGH COURT when office is vacant or Chief Justice is unable to perform.
Additional and acting Judges of the HIGH COURT:
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 The president appoint duly qualifies persons as additional judge of a HIGH COURT for
a temporary period and not for exceeding 2 years.
Retired Judges for HIGH COURT:
 At any time the Chief Justice of a High Court may at any time, with the previous
consent of the President, request any person who has held the office of a Judge of
that court or of any other High Court to sit and act as a Judge of the High Court of
that State.
Jurisdiction and powers of HIGH COURT:
 Original Jurisdiction.
 Write Jurisdiction (Article 226).
 Appellate Jurisdiction.
 Supervisory Jurisdiction.
 Power of Judicial Review. The provision article 13 and article 226 explicitly confer the
power of judicial review on a High Court.
 A Court of Record.
 It has power to punish for contempt of court.
 The expression a contempt of court has been defined by the contempt of court act
1971.
 Article 222: transfer of a judge from one High Court to another High Court.
 Article 227: power of Superintendence over all court.

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