Powers and Functions of the Supreme Court Judges of India

The federal system of India is been divided into a three-tier structure namely, Supreme Court, High Court and the third being the Subordinate Courts. Article 124 of the Indian Constitution throws light on the establishment of the highest Court of India, the Supreme Court. The Parliament holds the right to increase the number of Supreme Court judges of India. Upon the increase of the workload, it is advisable for the Parliament of India to increase the number of Supreme Court Judges. At present, there are 34 judges in the Supreme Court of India that also include the Chief Justice of India.

According to The Government of India Act, 1935 the Federal Court of India came into force. Later, after attaining independence India adopted the Constitution on the 26th of January 1950 and as per the Constitution of India, the Supreme Court of India came into force which was previously known as the Federal Court under British rule.

Qualifications of the Supreme Court Judge of India.

To qualify for the position of the Supreme Court Judge of India, a person should have some of the necessary qualifications that include, he should be a citizen of India, he must have served as the judge of the high court at least for the sum of five years. The person should be an eminent jurist. Also, he must have served as an advocate of the high court for a term of at least ten years.

Removal of the Supreme Court Judge of India.

A Supreme Court judge of India loses his office if he chooses to resign from his office, if the judge dies during his tenure then the position will get vacated or if the Supreme Court Judge of India faces impeachment, then even in this case the judge will lose his chair.

Functions of the Supreme Judges of India.

The Supreme Court being the highest tier court of India holds the power to alter or to hold on to the judgment delivered by the lower courts of the country. The highest tier court of India also acts as an institution that solves the matter related to the Parliament, various government bodies, the President and the affairs of the state government. According to Article 141 of the Indian Constitution, the judges of the Supreme Court hold the authority to pass the law that will be applicable to all the lower courts of India. Also, in some matters, the Supreme Court has the right to pass the suo moto.

Powers of the Supreme Court of India.

  • Original Jurisdiction: The following happens to be the original jurisdiction of the Supreme Court,
  1. When there occurs a dispute between the State and Central Government or between two or more Central Governments then the Supreme Court as per Article 141 works as the original jurisdiction.
  2. The Supreme Court of India, as per Article 139 has the right to issue order, direction or writs.
  3. The Supreme Court of India can also enforce Fundamental Rights as per Article 32.
  4. The top court of India has the right to transfer a case from one High Court to the other in case of delayed decisions happening due to an increased number of cases. 
  • Appellate Jurisdiction:

The Supreme Court of India has appellate jurisdiction in matters relating to civil, criminal or constitutional as per the Articles of 132, 133, and 134. Also, the Supreme Court of India can issue special leave as per Article 136 which is being by any tribunal courts of India. But this does not apply to any of the Army Courts of the Country.

  • Advisory Jurisdiction:

The Supreme Court of India can advise the President of India on subjects related to the question of law and nature. The President can also seek advice related to Article 131 of the Constitution from the top Court of India.

  • Review Jurisdiction: 

The Supreme Court of India has the right to review any law that has been passed by the jurisdiction as per Article 131 of the Constitution. 

Conclusion:

The article can be concluded by saying that the Supreme Court of India is the apex judicial authority of India. Of the three segments of the judiciary, the Supreme Court of India is at the highest level and holds the highest decision making power than all the courts of India. The powers vested in the Supreme Court are to ensure fair trials in all the matters related to the Constitution of India. Hence the top court of India also is protecting the largest democracy in the world.

faq

Frequently asked questions

Get answers to the most common queries related to the CLAT Examination Preparation.

Which is the top court in India?

Answer- Supreme Court is the only top court in India.

Indian judiciary is segmented into how many tiers?

Answer- Indian judiciary is segmented into three tiers, Supreme Court, High Court and Subordinate Courts....Read full

How many writs does an Indian Judiciary have?

Answer- The Indian judiciary has 5 Writs.

Which country is the highest democracy in the world?

Answer- India is the country with the highest democracy in the world.

How many judges are there in the Supreme Court of India?

Answer-At present, the Supreme Court of India consists of 34 judges.

How many CJI are there in the Indian Supreme Court?

Answer-There is only one Chief Justice of India (CJI) in the Supreme Court of India.