Q: Give a broad overview of Supreme Court?

Ans: Supreme Court of India came into existence with enactment of the Indian Constitution on 26th January, 1950. It is located on Tilak Marg, New Delhi. The Supreme Court of India functioned from the Parliament House till it moved to its present building in 1958. It has a 27.6 meter high dome and a spacious colonnaded verandah.' The inauguration of the Supreme Court took place on 28th January, 1950 in the Parliament building. The inaugural ceremony was put under part of the record of the Supreme Court, to ensure that the Rules of the Supreme Court were published and the names of all Advocates and Agents were brought on the rolls of the Supreme Court.

The Constitution of India, 1950 originally envisioned a Supreme Court with a Chief Justice and 7 puisne judges, and left it on the Parliament to increase the number. At present the Supreme Court comprises of the Chief Justice and his fellow judges appointed by the President of India from time to time. Supreme Court Judges retire at the age of 65. A citizen of India can be appointed as the Supreme Court Judge, based on any one of the following: 

According to Article 124(3) of Indian Constitution, the eligibility of Supreme Court Judge is as follows:

A Judge of the High Court or of two or more such Courts in succession, for at least five years;

An Advocate of a High Court or of two or more such Courts in succession, for at least ten years

A distinguished jurist, in the opinion of the President.

The Constitution of India, 1950 aims at ensuring independence of judiciary. A Supreme Court Judge can only be removed by an order of the President

passed after an address in each House of the Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and

voting, and presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity. Further, Article 124(7) states that "No person who has held office as judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India'".

Similar provision is provided for High Court judges under Article 220 of the Constitution of India, 1950. However, the plain meaning of Article 124(7) and Article 220 leaves no doubt that retired judges are fully within their rights to issue legal opinions and act as arbitrators.





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