JUDICIARY AND ITS ANCILLARIES
(Article 161 to 224 should be
in place of Article 124 to 151 and 214 to 237 of the existing Constitution of India)
Establishment and constitution of National Judicial Commission and State Judicial Commissions.
There shall be a National Judicial Commission consisting
of all retired Chief Justices of India and other retired Judges of Supreme Court, barring those who are holding any other
office of any commission or those whose health does not permits, or those named for any doubt full conduct. The Chairman of
the Commission shall be Senior Most Member of the commission on the basis of service records.
Every member of the National Judicial Commission,
time to time, shall be allotted their respective serial numbers on the basis of their seniority, to use at the time of their
appointment as a member of a particular Bench.
No Bench of the Judicial Commission shall be constituted
less than seven or more than eleven members.
Every Bench shall be constituted through a predetermined
mechanism, under which no member shall be appointed in two Benches, until all of its members shall be appointed in one such
Bench. This shall be ensured under such mechanism that after every three months every member shall rotate from one Bench to
another Bench. Such mechanism shall be evolved by a Bench of National Judicial
Commission consisting of all members and shall be transparent to public. A supervising committee consisting of nine seniors
most members of the National Judicial Commission shall supervise the compliance of such mechanism.
Entire proceeding of every Bench of the National
Judicial Commission shall be transparent to public and shall be recorded.
A Bench of National Judicial Commission, consisting
of all of its members, shall also make similar provisions and procedures for the State Judicial Commissions.
164. Supreme Court
(1) There shall be a Supreme Court of Bharat consisting of a Chief Justice of Bharat and other number of
Judges, as may be recommended time to time, by the National Judicial Commission and sanctioned by the President in consultation
with the Government of Bharat.
Every Judge of the Supreme Court shall be appointed,
minimum for seven years, by the President by warrant under his hand and seal on the basis of the recommendations by the National
Judicial Commission, after satisfaction on merit.
The age of a person, to be appointed as a judge of
Supreme Court, shall not be more than 58 years, at the time of appointment and shall hold such office till attain the age
of 65 years.
A person shall not be qualified for appointment as
a Judge of Supreme Court, unless he is Origin born Bharatiya, and has been for at least seven years a judge of any High Court
or is an regular practitioner as Senior Advocate of Supreme Court for more than 10 years.
The Chief Justice of Bharat Should be appointed,
for at least three years and not more than five years, by the President on the recommendations of the full Bench of National
Judicial Commission, amongst Judges of the Supreme Court, on the basis of names forwarded by Central Government after considering
the names forwarded by the Full Bench (barring the judges named for the considerations) of the Supreme Court.
A Judge of the Supreme Court, including Chief Justice
of Bharat, can be removed by the Full Bench of National Judicial Commission, on the basis of enquiry and investigation made
by a judicial committee constituted for the purpose, consisting of one Supreme Court Judge and two Chief Justices of different
A Supreme Court Judge shall not contest any election
of any office referred under this Constitution and shall not plead or act in any Court or accept any other job, except as
a Chairman or member of any Commission constituted in accordance with the provisions provided under this Constitution, at
least for five years from his retirement or resignation or removal.
person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the
President, or some person appointed in that behalf by him, an oath or affirmation in the following manner:-
I, A.B., having been appointed Chief Justice (or a Judge ) of the Supreme Court swear in the name of God (or solemnly affirm) that I will bear true
faith and allegiance to the Constitution of Bharat as by law established, that I will uphold the sovereignty and integrity
of Bharat that I will duly and faithfully and to the best of my knowledge and judgment guided by the Constitution, perform
the duties of my office without fear or favour (even in a matter pertained to a brethren Judge), affection or illwill and
that I will uphold the Constitution and the laws."
Violation of the Oath taken by a Supreme Court Judge
shall evident his incompetence to continue as a Supreme Court Judge.
165. Salaries. etc., of Judges.
The justified salaries, privileges allowances and
pension for the the Members of National Judicial Commission, Chief Justice and other Judges of Supreme Court and High Courts,
Law Commission of Bharat, time to time, shall be determined on the basis of a method to be evolved by a committee, consisting
of one Supreme Court Judge, one Chief Justice of a High Court, one representative from Central Government, one representative
of the second largest national political party, and one representative from the Bar.
The proceeding of such committee shall be transparent
to public and every citizen shall right to represent before it.
Changing in scale of salaries privileges allowances
and pension cannot be revised frequently, at least before two years from earlier change.
Method adopted under clause (1) shall not be reviewed
at least by a gape of twenty years.
166. Appointment of acting Chief Justice.
the office of the Chief Justice of Supreme Court vacant temporarily or otherwise, the senior most judge of Supreme Court shall
be performed the duties of his office.
Such senior most judge of Supreme Court, immediately after such vacant of such office, shall subscribe an oath or affirmation
in accordance with the clause (8) of Article 162.
167. Supreme Court to be a Court of record.
The Supreme Court shall be a court of record and
shall have powers of such a court including the power to punish for contempt caused by non-compliance of any order or by making
false allegations against any judge or judiciary.
Every person accused for the contempt of the Court
shall have right to defend on the basis of truth.
No person shall be punished for contempt charges,
until his statement is proved beyond the truth.
168. Seat of Supreme Court.
The Supreme Court shall sit in the Capital of the Country only.
169. Original jurisdiction of the Supreme Court.
(1) Subject to the provisions of this Constitution, the Supreme Court
shall to the exclusion of any other court, have original jurisdiction in any dispute involves any question of law or fact,
on which existence or extent of a legal right depends -
(a) between the Government of Bharat and one or more
(b) between the Government of Bharat and any State
or State on one side and one or more States on the other; or
(c) between two or more States.
Supreme Court shall admit a complaint after preliminary
satisfaction, against the criminal misconduct by any person holds or holding the office of President, Vice-President, Prime
Minister, any member of council of ministers in the Central Government, Chief Ministers of any State, and person holds or
holding post with the or equal to rank of Cabinet Secretary; and Secretaries of the Central Government and Chief Secretary
of any State, and after admit, it should be forwarded to a appropriate subordinate court for further criminal proceedings,
determination and judgment.
Supreme Court shall adjudicate an application against
contempt of the Supreme Court, by an individual or even by a Judge of the Supreme Court, just based on the principle that
justice must be above all and any person whoever he may be law is still above him.
170. Appellate jurisdiction of Supreme Court in appeals from
High Courts in certain cases.
An appeal shall
lie to the Supreme Court from any Judgment, decree or final order of a High Court in the territory of Bharat, whether in a
civil, criminal or other proceeding, that the case involved a substantial question of law as to the interpretation of this
171. Appellate jurisdiction of Supreme
Court in appeals from High Courts in regards to civil matters.
An appeal shall
lie to the Supreme Court from any Judgment, decree or final order in a civil proceeding of a High Court in the territory of
the case involves a substantial question of law of
the said question needs to be decided by the Supreme
172. Appellate jurisdiction of Supreme
Court in regards to criminal matters.
An appeal shall
lie to the Supreme Court from any Judgment, final order or sentence not below three years in a criminal proceeding of a High
Court in the territory of Bharat if the High Court:
on appeal, has reversed an order of acquittal of
an accused person and sentenced him to death; or
has withdrawn for trial before itself any case from
court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or
preliminary hearing Supreme Court satisfied that the case is a fit one for appeal to the Supreme Court.
173. Jurisdiction of Supreme Court in respect
of the powers of Supreme Court before commencement of this Constitution.
Supreme Court shall
have jurisdiction and powers with respect to any matter which does covered by appellate jurisdictions of Supreme Court with
regards to Civil or Criminal matters, but were exercisable by the Supreme Court immediately before the commencement of this
under any existing law.
174. Special leave to appeal by the Supreme
Notwithstanding anything in this chapter, the seven
judge Bench of the Supreme Court shall frame appropriate rules to use its discretion and according to such rules Supreme Court
shall grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed
or made by any court or tribunal in the territory of Bharat.
Nothing in clause (1) shall apply to any judgment,
determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed
175. Review of Judgments or orders by the
Supreme Court, consisting of Nine Judge Bench, shall
frame appropriate rules and according to such rules Supreme Court have powers to review any judgment or order made by it.
Review should not be made by a Bench consisting of
any Judge, who was member of earlier Bench, which passed such order or given such judgment.
176. Enlargement of the jurisdiction of
the Supreme Court.
The Supreme Court shall have such further jurisdiction
and powers with respect to any matters relates to disputes between the Central Government and one or more States, or between
two or more States.
The Supreme Court shall have such further jurisdiction
and powers with respect to any matter as the Central Government and the Government of any State may by special agreement confer
177. Conferment on the Supreme Court of
powers to issue certain writs.
Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs
in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes
other than those mentioned in clause (4) of article 21.
178. Transfer of certain cases.
(1) Where cases
involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts
or before two or more High Courts or necessary in the interest of justice or Supreme Court is satisfied on its own motion or on an application, the Supreme Court may withdraw the case or cases pending before
the High Court or the High Courts or any other court or Courts and dispose of all the cases itself, or transfer to some other
High Court or Courts.
179. Ancillary powers of Supreme Court.
Parliament may by
law make provision for conferring upon the Supreme Court such supplementary powers not inconsistent with any of the provisions
of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to
exercise the jurisdiction conferred upon it by or under this Constitution.
180. Law declared by Supreme Court to be
binding on all Courts.
Law declared by the Supreme Court shall be binding
on all courts within the territory of Bharat.
To make effective the provision under clause (1),
Supreme Court shall pass its each and every Judgment, orders, directions in such a way which shall help in improvement of
jurisprudence (justice system) at the sub-ordinate courts.
181. Enforcement of decrees
and orders of Supreme Court and orders as to discovery, etc.
To ensure the complete justice necessary orders or
decree shall be passed by the Supreme Court in any cause of the matter before it, in exercise of its jurisdiction. Such order
or decree shall be enforceable throughout the territory of Bharat.
The Supreme Court shall have all and every power
to make any order for securing the attendance of any person, the discovery or production of any documents, or the investigation
or punishment of any contempt of itself.
Power of the President to consult Supreme Court.
On any question
of public importance and not covered under the jurisdiction of the Supreme Court, and it is expedient to the President to
obtain the opinion of Supreme Court upon it, he may refer the question to the Court for consideration and the Court may, after
such hearing as it thinks fit, report to the President its opinion thereon.
183. Civil and Judicial authorities to act
in aid of the Supreme Court.
civil and judicial, in the territory of Bharat shall act in aid of the Supreme Court.
184. Rules of Courts, etc.
Supreme Court shall frame and notify the Rules for
regulating the practice procedures and proceedings of the Court, and for appointment of the Officers and servants of the Court,
as far as practicable, with or without any changes, immediately after draft for such rules prepared and recommended by the
Law Commission of Bharat.
Such Rules shall be framed and notified by a Bench
comprising of seven senior most Judges of the Supreme Court.
Any Rule framed inconsistent with the Constitution,
shall be void.
185. Officers and servants and the expenses
of the Supreme Court.
Supreme Court shall made appointments of the officers
and servants of the Court, in accordance with the rules framed in this respect.
Conditions of service of the officers and servants
of the Supreme Court shall be the same as of the similar grade officers and servants of the Central Government.
The administrative expenses of the Supreme Court,
including salaries, allowances, privileges and rights of the Judges, officers and servants shall be charged upon the Consolidated
Fund of India, without any approval from the President or the Government.
The administrative expenses of the Supreme Court,
including salaries, allowances, privileges and rights of the Judges, officers and servants shall be subject to audit, by the
Comptroller and Auditor-General of India and his report shall be transparent to public.
Interpretation of this Constitution, with reference to any substantial
question of law, shall be construed in conformity with the preamble of the Constitution and fundamental rights and duties
of the Citizen.