Article 143 of the Constitution of India

Supreme Court jurisdiction is of three types- Original, Appellate, and Advisory Jurisdiction. Articles 124 to Article 143 of the Constitution point to these Jurisdictions of the Supreme Court. 

Article 131 of the Constitution points to the original jurisdiction of the Supreme Court. The Supreme Court acts as an arbitrator, in cases of disputes in the federal structure of the country. Appellate jurisdictions mean that it gives the authority to the Supreme Court to hear or listen to cases and matters on appeal of a lower court in the country. The advisory jurisdiction of the supreme court also plays an essential role. The advisory jurisdiction points to the supreme court’s authority to advise the presidents of the country when consulted. This jurisdiction is not binding and enforceable on the President, in any way. Article 143 of the Constitution deals with this provision. 

Provisions under 143

Article 143 of the constitution of India points to the Advisory Jurisdiction of the Supreme Court of India. Only the Supreme Court has this jurisdiction, mainly because it is the highest court of appeal in the country. 

Article 143 confers that the President of the country can ask for the opinion and the advice of the Supreme Court on matters of public importance or certain laws which acts as expedient to the constitution. The opinion or the advice of the court is NOT binding on the President of the country. The president may or may not act upon the advice. However, the advice or opinions hold a certain weight in the constitution, which needs to be respected, even by the president. 

Some of the acts that fall under the jurisdiction of Article 143 include the BeruBari Case of 1960, Gujarat Assembly Election Case of 2003, Special Court Reference of 1979, Presidential Bill of 1974, among others. 

Let us look at two cases referenced in this respect-

• Cauvery Dispute: The Union government established a tribunal to look into the matter of dispute between the states of Tamil Nadu and Karnataka, regarding the river Cauvery. The tribunal’s decision was not appreciated by the Government of Karnataka. Hence, the president asked the Supreme court for its advice
• Ismail Faruqui Case: In this case, the bench of five judges contested for the recommendation of the president for the advice of Supreme Courts. The court advised on whether Babri Masjid was built over a temple was not useful, and is against the ideals of secularism.

Let us look at the background of the Supreme court.

Provisions under 124

Article 124 of the constitution points to the establishment and history of the Supreme Court of India. The article also entails the SC Judge eligibility conditions within its provisions. In 1950, the Constitution of India envisaged this court of appeal, along with seven puisne judges and chief justice. However, the number of judges on the Supreme Court has been increased. Recently, it was found that the supreme court of India has 34 judges, with the chief justice of India. 

SC Judge Eligibility conditions are-

• The candidate must be a citizen of India. 
• For at least five years, the candidate must have been a judge of a High court or more. 
• For a least 10 years, the candidate must have been an advocate in one or more high courts in the country. 
• The candidate must be a distinguished person by the President of the country. 

Article 124 (4) deals with the removal of the judges of the supreme court-

• Once a candidate or a judge is appointed, they cannot be removed until they finish their tenure. However, they can be removed if they are proved to have been behaved improperly and in an incapable manner. 
• The removal motion for the judges of the supreme court should be passed by a special majority, that is, by a simple majority of both the houses of the parliament and the majority of two-thirds of the members of the parliament voting and present. 
• After the retirement of the judges of the Supreme Court, they cannot make judgements or verdicts in any court within the country. 

Conclusion

In India, there is a three-tier system in the judicial system in the country- the Supreme Court of India, the High courts of India, and the Subordinate Courts within the country. Supreme Court jurisdiction is of three types- Original Jurisdiction, Appellate Jurisdiction, and Advisory Jurisdiction. Articles 124 to Article 143 of the Constitution point to these Jurisdictions of the Supreme Court. Article 124 of the constitution points to the establishment and history of the Supreme Court. The article also entails the SC Judge eligibility conditions within its provisions. Article 143 of the constitution of India points to the Advisory Jurisdiction of the Supreme Court of India.