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  • Solanki Barua

Involvement Of Supreme Court Matters In The Legislation Of India

Updated: Aug 22, 2023

Articles 124 to 147, which lays down the composition and jurisdiction of the Supreme Court of India.

Introduction An assembly with the power to enact laws for a political unit, such as a nation or city, is known as a legislature. They are frequently put in opposition to the government's executive and judicial branches. But in this essay, we are only going to talk about how the Supreme Court it’s involved in legislative matters, basically Articles 124 to 147, which lays down the composition and jurisdiction of the Supreme Court of India.

Article 124

(1) There will be a Supreme Court of India made up of a Chief Justice of India and up to seven more judges unless Parliament specifies a larger number in legislation.

(2) Each judge of the Supreme Court shall be appointed by the President by warrant executed under his hand and seal, following consultation with such judges of the Supreme Court and of the State High Courts as the President may deem necessary for the purpose, and shall hold office until he reaches the age of sixty-five years: Provided, however, that whenever a judge other than the Chief Justice is appointed, the Chief Justice of India shall always be consulted:

further provided that -

(a) A judge may resign from office by writing a letter addressed to the President under his hand; (b) a judge may be removed from office in accordance with clause

(2A) A Supreme Court judge's age will be decided by the agency and in the way that Parliament may specify in a statute.

(3) A person must be an Indian citizen and meet the following requirements in order to be eligible for appointment as a Supreme Court judge:

(a) has served as a judge of a High Court for at least five years, or of two or more such Courts consecutively; or

(b) has at least 10 years of experience as a High Court or two or more successive High Courts advocate; or (c) is a notable jurist in the President's judgment.

Explanation I: As used in this clause, "High Court" refers to any High Court that currently has jurisdiction over any area of Indian territory or that had such authority at any point in the past prior to the adoption of this Constitution.

Explanation II: Any time a person has held judicial office that is not inferior to that of a district judge after becoming an advocate is taken into account when calculating the duration of time a person has been an advocate for the purposes of this section.

(4) A judge of the Supreme Court may not be removed from office except by an order of the President issued after an address by each House of Parliament supporting the removal on the grounds of proven misbehavior or incapacity has been presented to the President in the same session and supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.

(5) The process for presenting an address and for investigating and proving a judge's misconduct or incapacity under section (4) may be regulated by law.

(6) Before taking up his or her position, each person nominated to the Supreme Court shall take an oath or affirmation in the manner prescribed for that purpose in the Third Schedule before the President or another person chosen in that capacity by the President.

(7) No one who has served as a Supreme Court judge may argue a case or represent himself in front of any authority on Indian soil.

Article 126

In case of the Chief Justice's absence or inability to perform duties, the President may appoint another Court Judge to perform the office's duties.

Article 127

In case of a quorum of Supreme Court judges is unavailable, the Chief Justice of India may request a Judge from a High Court to attend the court for a specified period. The designated Judge must attend the court sessions, fulfilling their jurisdiction, powers, and privileges while fulfilling their duties.

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

The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.

There are many more Articles, but all this concludes that this is the best we can do to for maintaining a balance in The Union Judiciary i.e. The Supreme Court.

Co-Authored with: Prof. Jharna Jagtiani


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