Indian Polity — Supreme Court and High Court
1. High Court vs Supreme Court
| Feature | High Court | Supreme Court |
|---|---|---|
| Position | Top position in judicial administration of a state | Top position in judicial administration of the country |
| Appointment | By President — CJI consults collegium of two senior-most SC judges (Third Judges Case, 1998) | By President — CJI consults collegium of four senior-most SC judges (Third Judges Case, 1998) |
| Retirement Age | 62 years | 65 years |
| Composition | Chief Justice + other judges as President may deem necessary | 34 judges (1 Chief Justice + 33 other judges) |
| Post-Retirement Restriction | Cannot plead/act in any court in India except SC and other HCs | Cannot plead/act in any court or before any authority in India |
THIRD JUDGES CASE (1998)
- High Court Judges Appointment: CJI should consult a collegium of two senior-most judges of the Supreme Court.
- Supreme Court Judges Appointment: CJI should consult a collegium of four senior-most judges of the Supreme Court. Even if two judges give an adverse opinion, the recommendation should not be sent to the government.
2. Supreme Court — Key Points
Qualifications of Judges
- Must be a citizen of India.
- Should have been a judge of a High Court (or high courts in succession) for 5 years.
- Should have been an advocate of a High Court (or High Courts in succession) for ten years.
- Distinguished jurist in the opinion of the President (No such condition for High Court).
- No minimum age prescribed by the Constitution for appointment as a judge of the Supreme Court.
Oath or Affirmation
- Before the President, or some person appointed by him for this purpose.
Salaries and Allowances
- Determined from time to time by the Parliament.
Removal of Judges
- Removed by order of the President only on Parliament's recommendations.
- The address must be supported by a special majority of each House of Parliament.
- An impeachment motion for the removal of a judge does not lapse on the dissolution of the Lok Sabha.
Procedure of the Court
- Constitutional cases or references made by the President under Article 143 (Advisory Jurisdiction) are decided by a bench of at least five judges.
- All other cases are decided by single judges and division benches.
Jurisdiction of the Supreme Court
| Type | Article | Description |
|---|---|---|
| Writ Jurisdiction | 32 | Aggrieved can go directly to the Supreme Court. The Supreme Court has original but not exclusive jurisdiction, as High Courts can also issue writs. |
| Court of Record | 129 | Judgment, proceedings and acts of the Supreme Court are recorded for perpetual memory and testimony. They have evidentiary value and cannot be questioned by any court. |
| Original Jurisdiction | 131 | Original and exclusive jurisdiction in disputes between State and Centre, State and other states, etc. |
| Appellate Jurisdiction | 132 | In constitutional, civil, and criminal matters. |
| Appeal by Special Leave | 136 | Special leave to appeal from any judgment in any matter passed by any court or tribunal in the country. Exceptions: Court-martial or military tribunal. |
| Advisory Jurisdiction | 143 | The President can seek the opinion of the Supreme Court. The advice is not binding on the President. |
3. Contempt of Court
- Contempt of court seeks to protect judicial institutions from motivated attacks and unwarranted criticism.
Statutory Basis
- Article 129 of the Constitution conferred on the Supreme Court the power to punish contempt of itself.
- Article 215 conferred a corresponding power on the High Courts.
- The expression 'contempt of court' has not been defined by the Constitution. However, it has been defined by the Contempt of Courts Act of 1971.
Kinds of Contempt of Court
- Civil Contempt: Wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.
- Criminal Contempt: Publication of any matter or the doing of any other act which scandalises or lowers the authority of any court, or interferes with the due course of any judicial proceeding, or obstructs the administration of justice in any other manner.
Punishment
- The Contempt of Court Act of 1971 punishes the guilty with imprisonment that may extend to six months or a fine of ₹2000 or both.
- The Act also provides that no court shall initiate any proceedings of contempt after the expiry of one year from the date on which the contempt is alleged to have been committed.
CONTEMPT OF COURT — KEY POINTS
- Article 129: Supreme Court has power to punish contempt of itself.
- Article 215: High Courts have power to punish contempt of themselves.
- Civil Contempt: Wilful disobedience to court orders.
- Criminal Contempt: Scandalising or lowering authority of court.
- Punishment: 6 months imprisonment or ₹2,000 fine or both.
- Limitation: Proceedings cannot be initiated after 1 year from the date of contempt.
4. Summary: Supreme Court and High Court at a Glance
| Aspect | High Court | Supreme Court |
|---|---|---|
| Retirement Age | 62 years | 65 years |
| Appointment | President — CJI + 2 senior-most SC judges (Third Judges Case) | President — CJI + 4 senior-most SC judges (Third Judges Case) |
| Strength | As determined by President | 34 (1 CJI + 33 judges) |
| Post-Retirement | Cannot plead in any court except SC and other HCs | Cannot plead in any court or authority in India |
| Qualification | 5 years HC judge or 10 years advocate | 5 years HC judge, 10 years advocate, or distinguished jurist |
| Writ Jurisdiction | Article 226 | Article 32 |
| Court of Record | Yes | Yes (Article 129) |
| Contempt Power | Article 215 | Article 129 |
Key Takeaways for UPSC
- Supreme Court: Article 124-147 — Highest court of appeal — 34 judges (1 CJI + 33) — Retirement age: 65 years
- High Court: Article 214-231 — Highest court in state — Retirement age: 62 years
- Third Judges Case (1998): CJI consults 4 senior-most SC judges for SC appointment; 2 senior-most for HC appointment
- Article 32: Right to Constitutional Remedies — "Soul of the Constitution"
- Article 129: Supreme Court as Court of Record — Power to punish contempt
- Article 136: Special Leave Petition — Exceptions: court-martial
- Article 143: Advisory Jurisdiction — President can seek SC opinion (not binding)
- Contempt of Court: Civil (wilful disobedience) and Criminal (scandalising court) — Punishment: 6 months + ₹2,000 fine
High-Yield Interactive UPSC Quiz (Supreme Court and High Court)
Q1. What is the retirement age of a Supreme Court judge?
Correct Answer: C. A Supreme Court judge holds office until the age of 65 years, while a High Court judge retires at 62 years.
Q2. According to the Third Judges Case (1998), the Chief Justice of India should consult a collegium of how many senior-most judges for Supreme Court appointments?
Correct Answer: C. In the Third Judges Case (1998), the Supreme Court held that for SC appointments, the CJI should consult a collegium of four senior-most judges.
Q3. Article 129 of the Constitution deals with:
Correct Answer: B. Article 129 declares the Supreme Court as a Court of Record and gives it the power to punish contempt of itself.
Q4. A person can be appointed as a Supreme Court judge if he has been an advocate of a High Court for:
Correct Answer: C. To be appointed as a Supreme Court judge, a person should have been an advocate of a High Court for ten years or a judge of a High Court for five years.
Q5. Which Article deals with the Advisory Jurisdiction of the Supreme Court?
Correct Answer: C. Article 143 deals with the Advisory Jurisdiction of the Supreme Court, where the President can seek the opinion of the SC.
Q6. Special Leave Petition under Article 136 is NOT available against:
Correct Answer: C. Article 136 (Special Leave Petition) does not apply to judgments of court-martial or military tribunals.
Q7. Civil contempt under the Contempt of Courts Act, 1971 refers to:
Correct Answer: B. Civil contempt is the wilful disobedience to any judgment, decree, direction, order, writ or other process of a court.
Q8. The maximum punishment for contempt of court is:
Correct Answer: B. The Contempt of Courts Act, 1971 provides for punishment of imprisonment up to six months or a fine of ₹2,000 or both.
Q9. An impeachment motion for the removal of a judge:
Correct Answer: B. An impeachment motion for the removal of a judge does not lapse on the dissolution of the Lok Sabha.
Q10. Contempt proceedings cannot be initiated after how many years from the date of contempt?
Correct Answer: B. The Contempt of Courts Act, 1971 provides that no court shall initiate any proceedings of contempt after the expiry of one year from the date on which the contempt is alleged to have been committed.