Decoding the Constitutional Blueprint: Unveiling the Supreme Court's Role (Articles 124-147)

The Union Judiciary, anchored by the Supreme Court, stands as a cornerstone within India's constitutional framework. In this exploration, we unravel the intricacies of Articles 124-147 in Chapter IV of Part V of the Indian Constitution, meticulously detailing the establishment, jurisdiction, and powers of the Supreme Court. This blog aims to provide a comprehensive understanding of these constitutional provisions that shape the essence of the Union Judiciary.

Article 124: Establishment and Constitution of Supreme Court

Article 124 establishes the Supreme Court of India, defining its composition, including the Chief Justice of India and up to seven other Judges. The article intricately outlines the appointment process, tenure, and qualifications of Judges, emphasizing the binding authority of Supreme Court decisions on all courts within India's territory (Article 141).

Article 125: Salaries, etc., of Judges

This article delineates the financial aspects of Supreme Court Judges, ensuring that the agreed-upon financial conditions at the time of their appointment remain unaltered to their disadvantage.

Article 126: Appointment of Acting Chief Justice

Article 126 empowers the President to appoint an acting Chief Justice in situations where the Chief Justice's position is vacant or they are unable to perform their duties.

Article 127: Appointment of Ad Hoc Judges

In the event of an insufficient quorum, Article 127 allows the Chief Justice of India, with the President's consent, to appoint ad hoc Judges from High Courts to ensure the Supreme Court's continued operation.

Article 128: Attendance of Retired Judges

This article grants the Chief Justice of India the authority to invite retired Judges to act as Supreme Court Judges, underlining their entitlement to allowances during such periods.

Article 129: Supreme Court as a Court of Record

Article 129 establishes the Supreme Court as a court of record, empowering it to punish for contempt of court and safeguarding its dignity.

Article 130: Seat of Supreme Court

Article 130 provides flexibility in determining the seat of the Supreme Court, allowing the Chief Justice, with the President's approval, to decide its location, ensuring accessibility and convenience.

Article 131: Original Jurisdiction of the Supreme Court

Article 131 confers exclusive original jurisdiction upon the Supreme Court in disputes between the Government of India and one or more States, or inter-State disputes involving legal rights.

Article 131A: Executive Jurisdiction (Repealed)

This repealed article pertained to the Supreme Court's executive jurisdiction regarding the constitutional validity of Central laws.

Article 132-134: Appellate Jurisdiction

Articles 132-134 define the Supreme Court's appellate jurisdiction, covering civil, criminal, and constitutional matters, with detailed provisions for certification by High Courts and grounds for appeal.

Article 134A: Certificate for Appeal to the Supreme Court

Article 134A empowers High Courts to grant certificates for appeals to the Supreme Court, specifying the procedure for obtaining such certificates.

Article 135: Jurisdiction and Powers of the Federal Court

Article 135 ensures that the Supreme Court retains jurisdiction and powers held by the Federal Court under existing law in matters not covered by Articles 133 or 134.

Article 136: Special Leave to Appeal

Article 136 grants discretionary power to the Supreme Court to hear appeals from any court or tribunal in India, ensuring flexibility in dispensing justice.

Article 137: Review of Judgments

Article 137 confers the power of review upon the Supreme Court, subject to parliamentary or rule-based provisions.

Article 138: Enlargement of Jurisdiction

Articles 138 and 139 confer additional jurisdiction and powers on the Supreme Court, allowing Parliament and the Government of India, in agreement with State governments, to expand the scope of the Court's authority.

Article 139: Conferment of Powers to Issue Writs

Article 139 empowers Parliament to confer the Supreme Court with the authority to issue various writs for purposes other than those specified in Article 32.

Article 139A: Transfer of Certain Cases

Article 139A empowers the Supreme Court to transfer cases for justice's sake, addressing situations where similar questions of law are pending before multiple courts.

Article 140: Ancillary Powers

Article 140 grants Parliament the authority to confer supplemental powers on the Supreme Court to enhance its effective exercise of jurisdiction.

Article 141: Law Declared by Supreme Court

Article 141 establishes the binding nature of Supreme Court decisions on all courts within India's territory, ensuring uniformity in legal interpretations.

Article 142: Enforcement of Decrees and Orders

Article 142 empowers the Supreme Court to pass orders for complete justice and outlines their enforceability throughout India.

Article 143: Power of President to Consult Supreme Court

Article 143 enables the President to seek the Supreme Court's opinion on matters of public importance, highlighting the Court's role as a constitutional advisor.

Article 144: Civil and Judicial Authorities to Act in Aid

Article 144 mandates that all civil and judicial authorities within India must assist the Supreme Court in the execution of its decisions, ensuring the court's efficacy.

Article 144A: Special Provisions (Repealed)

This repealed article pertained to the disposal of questions related to the constitutional validity of laws.

Article 145: Rules of Court

Article 145 empowers the Supreme Court to make rules for regulating its procedures, specifying various aspects, including the number of Judges required for specific cases.

Article 146: Officers and Servants

Article 146 entrusts the Chief Justice of India with the authority to appoint officers and servants of the Supreme Court, outlining their conditions of service.

Article 147: Interpretation

Article 147 clarifies the interpretation of terms related to substantial questions of law in this chapter and Chapter V of Part VI.

Conclusion:

The provisions delineated in Articles 124-147 of the Indian Constitution form the bedrock of the Union Judiciary, defining the structure, powers, and jurisdiction of the Supreme Court. As the highest judicial authority in the country, the Supreme Court plays a pivotal role in upholding the rule of law and ensuring justice across the diverse fabric of India.