Judicial System of India

Mr Virendra Singh Thakur

Constitution of the Supreme
Court
Art 124 (1):

There shall be a Supreme Court of

India consisting of a Chief Justice of
India and, until Parliament by law
prescribes a larger number, of not
more than seven other Judges.
 Constitution of the Supreme
Court
Originally: Chief Justice and 7 other Judges
- leaving it to Parliament to increase this
number.

The Supreme Court (Number of Judges)

Act, 1956 Parliament increased the
number of Judges to 11.

The Supreme Court Number of Judges

(Amendment) Act, 1960: 14
 The Supreme Court Number of
Judges (Amendment) Act, 1978: 18

The Supreme Court Number of

Judges (Amendment) Act, 1986: 26

The Supreme Court Number of

Judges (Amendment) Act, 2008: 31
 Article 74
Council of Ministers to aid and advise
President
(1) There shall be a Council of Ministers with the
Prime Minister at the head to aid and advise the
President who shall, in the exercise of his functions,
act in accordance with such advice:

Provided that the President may require the Council

of Ministers to reconsider such advice, either
generally or otherwise, and the President shall act
in accordance with the advice tendered after such
reconsideration.

(2) The question whether any, and if so what, advice

was tendered by Ministers to the President shall not
 Appointment of Judges
Article 124 (2):

Every Judge of the Supreme Court shall be

appointed by the President by warrant under
his hand and seal after consultation with
such of the Judges of the Supreme Court and
of the High Courts in the States as the
President may deem necessary for the
purpose and shall hold office until he attains
the age of sixty-five years

Provided that in the case of appointment of a Judge

other than the Chief Justice, the Chief Justice of
 Consultation: Judges of High Courts,
Supreme Court.

No fixed number of Judges to be

consulted with.

Not bound to follow the advice of

Judges.
Article 124 (3):

a citizen of India and

(a) High Court Judge for at least 5

years, or

(b) an advocate in a High Court for 10

years or

(c) is in the opinion of the President a

distinguished jurist.
 President is bound to consult the CJI in
matters relating to appointment of
other Judges of the Supreme Court.

President is not bound to consult

anyone while appointing the CJI.
 Appointment of Chief Justice of India

1950-1973 era (Seniority)

Law Commission Report 1956:

In appointing the Chief Justice of India, his

administrative competence and should be
judged and seniority should not be the main
consideration.
 After the delivery of Judgment in
Fundamental Right Case: Justice A.N. Ray
was appointed by the Government as the
Chief Justice of India superseding three of
his senior colleagues: Justices Shelat,
Hegde and Grover.

22 years old practice was changed.

The Supreme Court Bar Association

condemned the action of the Government
seeking justifications.
Justifications of the Government:

1. Absolute discretion of the President.

2. Recommendations of Law
Commission Report, 1956.

3. Executive was entitled to take into

consideration the mental outlook or
the social philosophy of the Judges.