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Appointment, Tenure, Functions and Jurisdiction of Supreme Court of India:


Constitution of Supreme Court
1. The Supreme Court of India consists of a Chief Justice of India and a number of other Judges as may be prescribed by law made by Parliament.
2. Currently there are 30 other Judges in Supreme Court besides Chief Justice of India.
Appointment of Judges
1. Every Judge of the Supreme Court is appointed by the President of India after consultation with such of the Judges of the Supreme Court and of the High Court in the States as the President may deem necessary.
2. In the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India should always be consulted.
Qualifications for appointment
A person shall not be qualified for appointment of a Judge of Supreme Court unless he is a citizen of India, and
(a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
(b) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
(c) is, in the opinion of the President a distinguished jurist.
Tenure and Removal
A Judge of the Supreme Court may cease to be so on the happening of any one of the following contingencies-
(1) On attaining the age of sixty five years;
(2) On resigning his office by writing under his hand addressed to the President;
(3) On being removed from his office by an order of the President passed after an address by each House of Parliament supported by a majority of not less than two-thirds of the members of that House present and voting and has been presented to the President in the same session of such removal on the ground of proved misbehaviour or incapacity.
Functions and Jurisdiction of the Supreme Court
The Supreme Court of India has three kind of jurisdiction-
(1) Original, (2) Appellate, and (3) Advisory.

(1) Original Jurisdiction - The Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute-
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one side and one or more other States on the other; or
(c) between two or more States.

Note-The Supreme Court has no jurisdiction regarding disputes relating to water and matter relating to the distribution of revenues between the Union and States and adjustment of certain expenses between the Union and States.

(2) Appellate Jurisdiction - The Appellate Jurisdiction of the Supreme Court extends to four heads (i) Civil, (ii) Criminal, (iii) Constitutional, and (iv) Special leave.

(i) Civil appellate jurisdiction - An appeal shall lie to the Supreme Court from any judgement, decree or final order in a civil proceedings of a High Court in the territory of India if the High Court certifies under Article 134-A-
(a) that the case involves a substantial question of law of general importance; and
(b) that in the opinion of the High Court the said question need to be decided by the Supreme Court.

(ii) Criminal appellate jurisdiction - An appeal shall lie to the Supreme Court from any judgement, final order or sentence in criminal proceedings of a High Court in the territory of India if the High Court-
(a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or
(b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or
(c) certifies under Article 134-A that the case is a fit one for appeal to the Supreme Court:
provided that an appeal under sub-clause (c) shall lie subject to such provisions as may be made in that behalf under clause(1) of Article 145 and to such conditions as the High Court may establish or require.

(iii) Constitutional appellate jurisdiction - An appeal shall lie to the Supreme Court from any judgement, decree or final order of a High Court in the territory of India whether in a civil, criminal or other proceeding, if the High Court certifies under Article 134-A that the case involves a substantial question of law as the interpretation of this Constitution.
Where such certificate is given, any party in the case may appeal to the Supreme Court on the ground that any such question has been wrongly decided.

(iv) Special leave - Supreme Court may, in its discretion, grant special leave to appeal from any judgement, decree, determination, sentence or order in the territory of India. It will not apply to any judgement, determination, sentence or order passed or made by any Court or tribunal constituted by or under any law relating to the Armed Forces.

(3) Advisory Jurisdiction - If at any time it appears to the President that a question of a law or fact has arisen or is likely to arise, which is of such a nature and such public importance that it is expedient to obtain the opinion of the Supreme Court for consideration and the Supreme Court may refer the question to the Supreme Court for consideration and the Supreme Court may, after such hearing as it think fit, report to the President its opinion thereon.
The President may refer a dispute to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.

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