The Supreme Court of India is the highest court of the Republic of India. With reference to the Supreme Court, answer the following questions:
(i) Who appoints the judges of the Supreme Court?
What is the composition of the Supreme Court?
(ii) Under Article 129, the Supreme Court of India is called a Court of Record. Justify this statement with any three points.
(iii) Explain the following terms:
(a) Revisory Jurisdiction
(b) Original Jurisdiction
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(i) The President of India appoints the judges of the Supreme Court.
COMPOSITION OF THE SUPREME COURT —
The Supreme Court of India consists of a Chief Justice of India and not more than 33 other judges, until Parliament by law prescribes a larger number of judges.
(ii) Under Article 129, the Supreme Court is called a Court of Record. This can be justified in the following ways—
- Permanent Records of Judgments – The Supreme Court maintains records of its decisions and proceedings. These serve as legal references for future cases and cannot be questioned in any court.
- Power to Punish for Contempt – As a Court of Record, the Supreme Court has the authority to punish individuals for contempt of court if they disobey its orders or show disrespect.
- Precedent Value – The decisions of the Supreme Court act as precedents. Lower courts are bound to follow its judgments, helping maintain uniformity in the application of law.
(iii)
(a) Revisory Jurisdiction — The Supreme Court has the power to review its own judgments to correct any mistakes, as its decisions are treated as laws.
(b) Original Jurisdiction — Original Jurisdiction means the power to hear and determine a dispute in the first instance; i.e., those cases which cannot be moved in any court other than the Supreme Court.