Exploring the Provisions of the Indian Constitution on the Union Judiciary: The Supreme Court (Articles 124-147)

The Union Judiciary, encompassing the Supreme Court, is a pivotal component of India's constitutional framework. Articles 124-147 in Chapter IV of Part V of the Indian Constitution intricately detail the establishment, jurisdiction, and powers of the Supreme Court. This blog post aims to provide a comprehensive understanding of these constitutional provisions.

Article 124: Establishment and Constitution of Supreme Court

The Supreme Court of India is composed of the Chief Justice of India and, until Parliament prescribes a larger number, not more than seven other Judges. The appointment, tenure, and qualifications of Judges are meticulously outlined. Notably, the Supreme Court's decisions hold binding authority on all courts within India's territory (Article 141).

Article 125: Salaries, etc., of Judges

This article delineates the provisions related to the salaries, privileges, allowances, and rights of Supreme Court Judges. It emphasizes that these should not be altered to the disadvantage of the Judges after their appointment.

Article 126: Appointment of Acting Chief Justice

In the event of a vacant Chief Justice position or the Chief Justice's inability to perform duties, this article empowers the President to appoint another Judge to act as Chief Justice.

Article 127: Appointment of Ad Hoc Judges

The Chief Justice of India, with the President's consent, can request the attendance of an ad hoc Judge from a High Court when there is an insufficient quorum to conduct Supreme Court sessions.

Article 128: Attendance of Retired Judges

This article grants the Chief Justice of India the authority to invite retired Judges to sit and act as Supreme Court Judges, emphasizing their entitlement to allowances during such periods.

Article 129: Supreme Court as a Court of Record

Establishing the Supreme Court as a court of record, Article 129 bestows upon it the powers to punish for contempt of court.

Article 130: Seat of Supreme Court

The Chief Justice of India, with the President's approval, determines the seat of the Supreme Court, which is primarily in Delhi but may be altered as deemed necessary.

Article 131: Original Jurisdiction of the Supreme Court

This article confers exclusive original jurisdiction upon the Supreme Court in disputes between the Government of India and one or more States, or inter-State disputes involving legal rights.

Article 131A: Executive Jurisdiction (Repealed)

This article, now repealed, pertained to the Supreme Court's executive jurisdiction regarding the constitutional validity of Central laws.

Article 132: Appellate Jurisdiction in Certain Cases

The Supreme Court's appellate jurisdiction from High Courts is outlined, allowing appeals on substantial questions of law related to the Constitution.

Article 133: Appellate Jurisdiction in Civil Matters

This article grants the Supreme Court appellate jurisdiction over civil matters from High Courts, emphasizing the requirement of a substantial question of law.

Article 134: Appellate Jurisdiction in Criminal Matters

Detailing the Supreme Court's jurisdiction in criminal matters, Article 134 specifies conditions under which appeals can be filed, including cases involving the death penalty.

Article 134A: Certificate for Appeal to the Supreme Court

Article 134A empowers High Courts to grant certificates for appeals to the Supreme Court, specifying the procedure for obtaining such certificates.

Article 135: Jurisdiction and Powers of the Federal Court

Until Parliament provides otherwise, the Supreme Court holds jurisdiction and powers concerning matters not covered by Articles 133 or 134, as exercised by the erstwhile Federal Court.

Article 136: Special Leave to Appeal

Granting discretionary power to the Supreme Court, Article 136 allows it to hear appeals from any court or tribunal in India, ensuring flexibility in dispensing justice.

Article 137: Review of Judgments

Article 137 confers the power of review upon the Supreme Court, subject to parliamentary or rule-based provisions.

Article 138: Enlargement of Jurisdiction

Parliament may confer additional jurisdiction on the Supreme Court over Union List matters or as agreed upon by the Government of India and State Governments.

Article 139: Conferment of Powers to Issue Writs

Parliament holds the authority to empower the Supreme Court to issue various writs for purposes other than those specified in Article 32.

Article 139A: Transfer of Certain Cases

Empowering the Supreme Court to transfer cases for justice's sake, Article 139A addresses situations where similar questions of law are pending before multiple courts.

Article 140: Ancillary Powers

Parliament has the authority to grant the Supreme Court supplemental powers to enhance its effective exercise of jurisdiction.

Article 141: Law Declared by Supreme Court

This pivotal article establishes the binding nature of Supreme Court decisions on all courts within India's territory, ensuring uniformity in legal interpretations.

Article 142: Enforcement of Decrees and Orders

Article 142 empowers the Supreme Court to pass orders for complete justice and outlines their enforceability throughout India.

Article 143: Power of President to Consult Supreme Court

When a matter of public importance arises, the President may seek the Supreme Court's opinion, as outlined in Article 143.

Article 144: Civil and Judicial Authorities to Act in Aid

All civil and judicial authorities within India must assist the Supreme Court in the execution of its decisions, ensuring the court's efficacy.

Article 144A: Special Provisions (Repealed)

This article, now repealed, pertained to the disposal of questions related to the constitutional validity of laws.

Article 145: Rules of Court

Empowering the Supreme Court to make rules for regulating its procedures, Article 145 specifies various aspects, including the number of Judges required for specific cases.

Article 146: Officers and Servants

This article entrusts the Chief Justice of India with the authority to appoint officers and servants of the Supreme Court, outlining their conditions of service.

Article 147: Interpretation

Article 147 clarifies the interpretation of terms related to substantial questions of law in this chapter and Chapter V of Part VI.

Conclusion:

The provisions delineated in Articles 124-147 of the Indian Constitution form the bedrock of the Union Judiciary, defining the structure, powers, and jurisdiction of the Supreme Court. As the highest judicial authority in the country, the Supreme Court plays a pivotal role in upholding the rule of law and ensuring justice across the diverse fabric of India.