The Supreme Court of India (Under Artcle-124)

 

The Supreme Court of India (Under Artcle-124)[1]:- The Supreme Court of India has been placed under Part- 05, Chapter- 04 articles 124 to147 of the Constitution of India. The Court has been consisted with the thirty Judges & one Chief Justice of India.[2] Now in present time, there are only 24 Judges are in the Court including theChief Justice of India.[3] All the Judges shall be appointed by the President of India after consultation with such Judges of the Supreme Court & High Court (s) of the State (s) as may deem necessary by the President for this purpose and also the consultation shall always be taken from the Chief Justice of India, except in the case ofappointment of Chief Justice. The appointedJudge (s) shall hold the office up to the age of sixty five years.[4] The Judge (s) may resign from the office in writing under one’s hand addressed to the President of India.[5]The oath & affirmation shall be taken by theJudge (s) before the President.[6]

Qualification (s) for the appointment of Judge (s) of the Supreme Court of India:- (a) the person must be the citizen of India and[7] (b) the person has been a Judge of a High Court or of two or more such Courts in succession at least for five years or[8] (c) the person has been an Advocate of a High Court or of two or more such Courts in succession at least for ten years or[9] (d) the person is a distinguished Jurist in the opinion of the president of India.[10]

The Removal Manner (s) from the office of the Judge (s) of the Supreme Court of India:- The Judge (s) of the Supreme Court may be removed from their or one’s office as in the manner which has been mentioned in the clause 04 of article 124.[11] In this connection, the Judge (s) of the Supreme Court of India shall be removed from his office by the order of the President of India on the basis of the proved misbehavior or incapacity,passed after an address by the each house of the Parliament with the support of a majority of the total member of that house and by a two third majority of the members of that house present & voting has been presented the President in the same session for the removal.[12]

The Supreme Court of India as a Court of Record & the Power of contempt of Court:-This Court is a Court of Record & has powers of such a court with the inclusion of power for the punishment of contempt of itself.[13]

This court is the apex or highest court of India as an Apex Constitutional Court[14] (for the enforcement of fundamental or human rights) Criminal Appellate Court[15], Civil Appellate Court[16] which are also having the jurisdictions as- Original Jurisdiction[17], Advisory Jurisdiction[18], Special Leave to Appeal[19], Review of judgment (s) or order (s) power[20] and others.

The Supreme Court of India as an Enforcement System of Human rights (Under Artcle-32)[21]:- In this connection, the power &writ (s) jurisdiction which has been furnished to the Supreme Court of India as the independent, impartial, highest or apex Constitutional Enforcement System for the implementation or enforcement of human or fundamental rights as contained under the Part 03 of the Constitution of India under article 32 at the Country level.[22] The Article 32 furnishes one of the “highly cherished rights”[23] It can not be abrogated by any act[24] Dr. BheemRaoAmbedkar[25] was the greatest architect of the Constitution expressed that “if I was asked to name any particular article in this constitution as the most important, an article without which this constitution would be a nullity, I could not refer to any other article except this one….it is the very soul of the constitution and very heart of it.”[26] In case of Prem Chand Garg v. Excise Commissioner[27]explained as the corner-stone of the democratic edifice raised by the Constitution. I.R. Coelho v. State of Tamil Nadu[28]this article 32 is heart and soul of the Constitution of India. RomeshThappar v. State of Madras[29] held that the Supreme Court is as the protector and Guarantor of fundamental rights or a Watchful Sentinel on the qui vive. The rights as mentioned under the Part 03 of the Constitution which are available to the Citizen of India & the some rights of the part are also available to the Non-Citizen of India but the article 32 is available to the Citizen of India only.

The Guarantee for the Enforcement of the human or fundamental rights of the Part-03 of the Constitution:- the Constitution of India furnishes the guarantee (s) for the  enforcement or implementation of the human or fundamental rights of its Part-03 as provided by the article 32 with also the inclusion of ‘Right to move’ in the Supreme Court by appropriate proceedings.[30]

 

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[1] The Constitution of India

[2] Article 124 of the Constitution of India

[3] https://en.wikipedia.org/wiki/Supreme_Court_of_India

[4] Article 124 (2) of Ibid

[5] Article 124 (2) (a) of Ibid

[6] Article 124 (6) of the Constitution of India

[7] Article 124 (3) of Ibid

[8] Article 124 (3) (a) of Ibid

[9] Article 124(3)(b) of Ibid

[10] Article 124(3)(c) of Ibid

[11] The Constitution of India

[12] Article 124 (4) of Ibid

[13] Article 129 of Ibid

[14] Article 32 of Ibid

[15] Article 134 of Ibid

[16] Article 133 of Ibid

[17] Article 131 ofIbid

[18] Article 143 of Ibid

[19] Article 136 of Ibid

[20] Article 137 of Ibid

[21] The Constitution of India

[22]Ibid

[23] Fertilizer Corporation Union v. Union of India AIR 1981 SC 344

[24] I.R. Coelho v. State of Tamil Nadu AIR 2007 SC 861

[25] C.A.D. Vol. VII at 953

[26]Dr. J.N. Pandey: Constitutional Law of India: Central Law Agency, Allahabad 54^th Edition 2017 Page no.413

[27]AIR 1963 SC 996

[28] Ibid 2007 SC 861

[29] Ibid 1950 SC 124

[30] Article 32 (1) of the Constitution of India