Removal of a Supreme Court judge
The Indian judiciary is independent of the executive control.
The Indian judicial system is a single united system. At the top is the supreme court, below that the high court and at the district level the subordinate courts. By single and united is meant that, all cases from the lower courts can be taken in appeal to the higher courts and ultimately to the Supreme Court.
The Supreme Court is the highest court of justice in India. It consists of a Chief justice and not more than 25 other judges. All the judges of the supreme court of India, including the chief justice are appointed by the president. A judge of the Supreme Court can hold office until the age of 65 years, unless he or she resigns or is removed. The decisions of the Supreme Court are binding on the executive, and the judgments passed by it are binding on all the courts of the country.
Removal of a Supreme Court judge
A judge of the Supreme Court can be removed from office on the ground of proved misbehavior or incapacity by an order of the president only and that too, after impeachment by each house of parliament supported by a majority of the total membership of that houses and majority of not less than two-thirds of the members present and voting in the same session.
Functions and powers of Supreme Court
The Supreme Court has three kinds of jurisdiction, i.e., it has the power to give judgments in three types of cases.
- Original jurisdiction: certain case like 1) disputes between two or more states, 2)9 disputes between the central government and one more state government 3) violation of the constitution, can only be heard in the supreme court and no other court. Such types of cases originate in the Supreme Court hence this power of the court is called original jurisdiction.
- Appellate jurisdiction: when a person or body is not satisfied with the judgment of the high court, they can appeal to a higher court for a review of the judgment. The Supreme Court is the highest court of appeal. The advisor to the government or legislature. Article 143 of the constitution also provides for the advisory role of the Supreme Court. The president can consult Supreme Court for legal advice on public issues. This advice is not binding on the president.
- A court of record: article 129 makes the Supreme Court a court of recode. All decisions and proceedings are recorded and printed. These can be admitted as an evidence and are not questioned when they are produced before any court.
- In the contemporary world of constitutional democracies, no chief justice including the chief justice of the US or that of England is as powerful as the chief justice of India. The chief justice of India can exercise a hold on the entire working of the government and the judicial system. The Supreme Court has extended its jurisdiction which has galloped from initial neutralism in administration to judicial review to judicial participation to almost judicial take over. All this is in the context of powers of the chief justice of India.
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