The Supreme Court of India, being the highest court in the country, is established and governed by specific articles in the Constitution of India. These articles outline the composition, jurisdiction, powers, and functioning of the Supreme Court.
1. Article 124: Establishment and Constitution of the Supreme Court:
- Article 124(1) establishes the Supreme Court of India.
- It provides for the appointment of a Chief Justice of India (CJI) and other judges by the President of India.
- The CJI is appointed by the President and other judges are appointed by the President after consulting the CJI and other judges as he deems necessary.
2. Article 124A: Appointment of Additional Judges:
- This article allows for the appointment of additional judges to the Supreme Court for a temporary period when there is a backlog of cases. These judges may be appointed from the High Courts as additional judges.
3. Article 125: Salaries, etc., of Judges:
- Article 125 deals with the salaries and allowances of the judges of the Supreme Court. The salaries and allowances are charged on the Consolidated Fund of India, and they cannot be changed to the disadvantage of the judges during their term of office.
4. Article 126: Appointment of Acting Chief Justice:
- Article 126 allows for the appointment of an acting Chief Justice of India when the office of the CJI is vacant or when the CJI is unable to perform his duties.
5. Article 127: Appointment of ad hoc Judges:
- This article empowers the President to appoint qualified persons as ad hoc judges of the Supreme Court if there are insufficient numbers of judges to hold and continue the hearing of cases.
6. Article 128: Attendance of retired judges at sittings of the Supreme Court:
- Article 128 allows the Chief Justice of India to request retired judges to sit and act as judges of the Supreme Court. This is done to deal with cases where there may be a shortage of sitting judges.
7. Article 129: Supreme Court to be a court of record:
- Article 129 declares the Supreme Court to be a court of record, with all the powers of such a court, including the authority to punish for contempt of itself.
8. Article 130: Seat of the Supreme Court:
- Article 130 designates the seat of the Supreme Court. As of my knowledge cutoff in January 2022, the seat is in New Delhi.
9. Article 131: Original jurisdiction of the Supreme Court:
- Article 131 provides the original jurisdiction of the Supreme Court. It empowers the Supreme Court to hear disputes between the Government of India and one or more states, or between states.
10. Article 132: Appellate jurisdiction of the Supreme Court in appeals from High Courts in certain cases:
- Article 132 outlines the appellate jurisdiction of the Supreme Court. It provides the grounds on which appeals can be filed in the Supreme Court from the judgments, decrees, or orders of High Courts.
11. Article 133: Appellate jurisdiction of the Supreme Court in appeals from High Courts in regard to civil matters:
- Article 133 specifies the conditions under which an appeal can be filed in the Supreme Court from the High Courts in civil matters.
12. Article 134: Appellate jurisdiction of the Supreme Court in regard to criminal matters:
- Article 134 defines the circumstances under which an appeal can be filed in the Supreme Court from the High Courts in criminal matters.
13. Article 135: Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court:
- This article provides for the exercise of jurisdiction and powers by the Supreme Court, which were previously exercisable by the Federal Court.
14. Article 136: Special leave to appeal by the Supreme Court:
- Article 136 grants the Supreme Court discretionary power to grant special leave to appeal from any judgment, decree, determination, sentence, or order in any cause or matter passed or made by any court or tribunal in the territory of India.
15. Article 137: Review of judgments or orders by the Supreme Court:
- Article 137 empowers the Supreme Court to review its judgments or orders.
16. Article 138: Enlargement of the jurisdiction of the Supreme Court:
- Article 138 allows Parliament to confer additional powers on the Supreme Court regarding any matters of public importance.
17. Article 139: Conferment on the Supreme Court of powers to issue certain writs:
- Article 139 grants the Supreme Court the power to issue writs, including habeas corpus, mandamus, prohibition, quo warranto, and certiorari for the enforcement of fundamental rights.
18. Article 139A: Transfer of certain cases:
- Article 139A empowers the Supreme Court to transfer certain cases from one High Court to another or from a High Court to itself.
19. Article 140: Ancillary powers of the Supreme Court:
- Article 140 provides for ancillary powers of the Supreme Court to make orders for securing the attendance of any person, the discovery or production of documents, or the investigation or punishment of contempt of itself.
20. Article 141: Law declared by Supreme Court to be binding on all courts:
- Article 141 declares that the law declared by the Supreme Court is binding on all courts within the territory of India.
21. Article 142: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.:
- Article 142 grants the Supreme Court the authority to pass decrees and orders for the enforcement of its judgments, decrees, and orders, and to make any order necessary for doing complete justice in any cause or matter pending before it.
These articles collectively define the structure, powers, and jurisdiction of the Supreme Court of India, ensuring its independence and its crucial role in upholding the rule of law in the country.
