The Seat of Supreme Court

The Supreme Court was established on January 28, 1950, two days later India has become a Sovereign Democratic Republic. The ceremony was held in the Chamber of Princes of the Parliament building, which was also designed to house India’s Parliament, which consisted of the Council of States as well as the House of the People. The Federal Court of India have already sat in this Chamber of Princes for 12 years, between 1937 to 1950. This was to be the Supreme Court’s home for the next several years, till the Supreme Court moved to its present location. The Seat of the Supreme Court as the most important part of the Indian legal system has a complex process. 

The procedure of owning the seat of Supreme court 

The President of India designates the Chief Justice plus 30 other judges to judicial bench of the Supreme Court of India. Judges on the Supreme Court retire when they reach the age of 65. However, in order to be appointed as a Supreme Court Judge, an individual must be an Indian citizen and also have served as a Judge of either a High Court or two or even more such Court system in the progression for at least five years, or as an Advocacy organization of a High Court in the tenure for at least ten years, or be a distinguished jurist in the perception of the President. 

There are provisions in place for a High Court Judge to be appointed as an Ad-hoc High court judge, as well as for retired Supreme Court either High Court Judges to sit or act as Members of that Court. In a variety of methods, the Constitution strives to preserve the impartiality of Supreme Court judges. A Supreme Court Judge can only be forced out of office by an executive order issued after an identifier in each National parliament, supported by a majority of that House and by not below two-thirds of representatives present and voting, as well as introduced to the Head of state in the same Meeting for removal on the grounds of proven misconduct.

Draft Article 108-A (Article 130)

According to the Draft Article 108-A (Article 130), the seat of the Indian Supreme Court is New Delhi. It has been considered that the Chief Justice of the court should have the power for changing the Seat of the Supreme Court, depending on the external and internal belongings in the Indian Judiciary system. The Chairman of such Drafting Committee defended the need to name Delhi as the seat of the court, claiming that all courts should have a designated seat such that litigants know where to go. Furthermore, because Delhi was the headquarters during the discussions, this was the most appropriate place to be the Supreme Court’s seat; if the capital was moved in hereafter, the Draft Article’s language was flexible to change the Supreme Court’s seat without a constitutional modification.

The inaugural procedures were completed and entered into the Supreme Court’s record, with special attention paid to ensuring that the Supreme Court’s Regulations were publicized and that the identities of all Federal Court Attorneys and Agents were added to the Supreme Court’s registers. 

Historical evidence of the Seat of Supreme Court

• The Supreme Court’s seat is designated as Delhi. 
• It also empowers the Chief Justice to appoint another location or venues as the Supreme Court’s seat.
• With only the President’s approval can he make a decision in this regard. 
• This clause is merely discretionary, not mandatory. 
• This implies that no court has the authority to direct either the President or the Chief Judge to appoint a different place as the Supreme Court’s seat.

Declare seat of the Supreme Court situation

The President appoints the justices of the Supreme Court. The President appoints the CJI after consulting with just as many Supreme Court or high court justices as he deems appropriate.

The President appoints the remaining judges after consulting with the Chief Justice and any other Supreme Court as well as high court judges he considers appropriate. When a judge besides the Chief Judge is appointed, he or she must consult with the Chief Judge.

During the Chief Justice’s Appointment method (1950-1973), the most qualified Supreme Court judge was nominated as India’s presiding judge. This long-standing tradition was violated in the year 1973, while A N Ray was chosen Chief Judge of India by circumventing three senior justices. In 1977, M U Beg became new Chief Justice of India, after succeeding the country’s most experienced judge.

Conclusion

Taking everything into account, it can be stated that the Supreme Court as the fundamental and main legal body of the Indian Constitution is operated by the Chief justices and the judges who are experienced in the Indian legal system. As the head of the system, there is a precise need to maintain the best seat for the Supreme Court in terms of the experience and the expertise of the district or High court judges.