Ashna Sisodia is teaching live on Unacademy Plus
Course: The Union ( Part V) Lesson: Supreme Court Presented by : Ashna Sisodia
Oath or Affirmation A person appointed as a judge of the Supreme Court, before entering upon his Office, has to make and subscribe an oath or affirmation before the President, or some person appointed by him for this purpose. In his oath, a judge of the Supreme Court swears: 1. to bear true faith and allegiance to the Constitution of India; 2. to uphold the sovereignty and integrity of India; 3. to duly and faithfully and to the best of his ability, knowledge and judgement perform the duties of the Office without fear or favour, affection or ill-will; and 4. to uphold the Constitution and the laws.
Removal of Judges A judge of the Supreme Court can be removed from his Office by an order of the president. The President can issue the removal order only after an address by Parliament has been presented to him in the same session for such removal .The address must be supported by a special majority of each House of Parliament (ie, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting) I are two-proved misbehaviour
Procedure of Removal of SC Judges 1. A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of Rajya Sabha) is to be given to the Speaker/Chairman The Speaker/Chairman may admit the motion or refuse to admit it. If it is admitted, then the Speaker/Chairman is to constitute a three-member committee to investigate into the charges. The committee should consist of: 2. 3. 4. a) the chief justice or a judge of the Supreme Court b) a chief justice of a high court a distinguished jurist. If the committee finds the judge to be guilty of misbehaviour or suffering from an incapacity, the House can take up the consideration of the motion. After the motion is passed by each House of Parliament by special majority, an address is presented to the president for removal of the judge. Finally, the president passes an order removing the judge. c) 5. 6. 7.
Salaries and Allowances Article 125:may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Secondn Schedule. aridleu1n s mhay be ari aesuch alar The salaries, allowances, privileges, leave and pension of the judges of the Supreme Court are determined from time to time by the Parliament. They cannot be varied to their disadvantage after their appointment except during a financial emergency. They are also paid sumptuary allowance and provided with free accommodation and other facilities like medical, car, telephone, etc. The retired chief justice and judges are entitled to 50 per cent of their last drawn salary as monthly pension.
Acting Chief Justice Article 126: Appointment of acting Chief Justice. . The President can appoint a judge of the Supreme Court as arn acting Chief Justice of India when: 1. the office of Chief Justice of India is vacant; or 2. the Chief Justice of India is temporarily absent; or 3. the Chief Justice of India is unable to perform the duties of his office.
Ad hoc Judge Article 127: Appointment of ad hoc Judges. . When there is a lack of quorum of the permanent judges to hold or continue any session of the Supreme Court, the Chief Justice of India can appoint a judge of a High Court as an ad hoc judge of the Supreme Court for a temporary period. He can do so only after consultation with the chief justice of the High Court concerned and with the previous consent of the president. The judge so appointed should be qualified for appointment as a judge of the Supreme Court. It is the duty of the judge so appointed to attend the sittings of the Supreme Court, in priority to other duties of his office. . . the du tes) of aindg e of the upirene crouftction, powers and privileges tand discharges .While so attending, he enjoys all the jurisdiction, powers and privileges (and discharges the duties) of a judge of the Supreme Court.
Retired Judge Article 128: Attendance of retired Judges at sittings of the Supreme Court. .At any time, the chief justice of India can 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. He can do so only with the previous consent of the president and also of the person to be so appointed. Such a judge is entitled to such allowances as the president may determine. He will also enjoy all the jurisdiction, powers and privileges of a judge of Supreme Court. But, he will not otherwise be deemed to be a judge of the Supreme Court.
Seat of Supreme Court Article 129. The Supreme 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 Article 130. Seat of Supreme Court The Constitution declares Delhi as the seat of the Supreme Court. But, it also authorises the chief justice of India to appoint other place or places as seat of the Supreme Court. . He can take decision in this regard only with the approval of the President. This provision is only optional and not compulsory. This means that no court can give any direction either to the President or to the Chief Justice to appoint any other place as a seat of the Supreme Court.
Independence of Supreme Court 1. Mode of Appointment appointed by the President in consultation with the members of the judiciary itself (ie, judges of the Supreme Court and the high courts). This provision curtails the absolute discretion of the executive as well as ensures that the judicial appointments are not based on any political or practical considerations. 2. Security of Tenure They can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution. This means that they do not hold their office during the pleasure of the President, though they are appointed by him 3. Fixed Service Conditions The salaries,allowances, pr ivileges, leave and pension of the judges of the Supreme Court are determined from time to time by the Parliament. They cannot be changed to their disadvantage after their appointment except during a financial emergency. .4. Expenses Charged on Consolidated Fund The salaries, allowances and pensions of the judges and the staff as well as all the administrative expenses of the Supreme Court are charged on the Consolidated Fund