Common high court

Establishment of a common High Court for two or more States.- (1 Parliament may by law establish a common High Court for two or more States or for two or more States and a Union territory. (2) In relation to any such High Court,- (a) the reference in article 217 to the Governor of the State shall be construed as a reference to the Governors of all the States in relation to which the High Court exercises jurisdiction; (b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts, be construed as a reference to the Governor of the State in which the subordinate courts are situate; and (c) the references in articles 219 and 229 to the State shall be construed as a reference to the State in which the High Court has its principal seat: Provided that if such principal seat is in a Union territory, the references in articles 219 and 229 to the Governor, Public Service Commission, Legislature and Consolidated Fund of the State shall be construed respectively as references to the President, Union Public Service Commission, Parliament and Consolidated Fund of India.]

Composition of the Supreme court of India

The original Constitution of India (1950) provisioned for a Supreme Court with a Chief Justice and 7 lower-ranking Judges—leaving it to Parliament to increase this number. In the early years, a full bench of the Supreme Court sat together to hear the cases presented before them. As the work of the Court increased and cases began to accumulate, Parliament increased the number of Judges from 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986 and 31 in 2008. As the number of the Judges has increased, they sit in smaller Benches of two and three (referred to as a Division Bench)—coming together in larger Benches of 5 and more only when required (referred to as a Constitutional Bench) to do so or to settle a difference of opinion or controversy. Any bench may refer the case up to a larger bench if the need to do so arises.

The Supreme Court of India comprises the Chief Justice of India and not more than 30 other Judges appointed by the President of India. However, the President must appoint judges in consultation with the Supreme Court and appointments are generally made on the basis of seniority and not political preference. Supreme Court Judges retire upon attaining the age of 65 years. In order to be appointed as a Judge of the Supreme Court, a person must be a citizen of India and must have been, for at least five years, a Judge of a High Court or of two or more such Courts in succession, or an Advocate of a High Court or of two or more such Courts in succession for at least 10 years, or the person must be, in the opinion of the President, a distinguished jurist. Provisions exist for the appointment of a Judge of a High Court as an ad-hoc Judge of the Supreme Court and for retired Judges of the Supreme Court or High Courts to sit and act as Judges of that Court.

The Supreme Court has always maintained a wide regional representation. It also has had a good share of Judges belonging to religious and ethnic minorities. The first woman to be appointed to the Supreme Court was Justice Fatima Beevi in 1987. She was later followed by Justices Sujata Manohar and Ruma Pal.

Justice K. G. Balakrishnan in 2000 became the first judge from the dalit community. In 2007 he also became the first dalit Chief Justice of India. Justice B.P.Jeevan Reddy and Justice A.R.Lakshmanan are the only judges to be elevated to be the Chairman of the Law Commission of India even though they were not the chief justice of India.

Important Facts::

Important Facts::

--> As amended in January 2009, the Chief Justice of India is paid a salary of Rs. 1 lakh/month, other judges are paid a monthly salary of Rs. 90,000.

--> The salary and other allowances of judges cannot be reduced to their disadvantage during their term of office; except during the enforcement of the financial emergency under Article 360.

--> The President of India administers the oath of office to the judges of Supreme Court. The format of oath is given in the third schedule of the Constitution.

--> If the post of both the President and the Vice-President falls vacant, the Chief Justice of India discharges the functions of the President till new incumbent is elected to the office of the President. M. Hidaytulla is the only Chief Justice who acted as President in 1969.

--> Ordinarily the seat of the Supreme Court shall be at Delhi. However, with the approval of the President, under Article 130, the Chief Justice of India may allow the sittings of the courts in other places.

--> According to Article 129, the Supreme Court shall be a court of Record and shall have all the powers of such courts including the power to punish for contempt of itself.

--> In the absence of the Chief Justice, the President has the power to appoint an Acting Chief Justice from among the Judges of Supreme Court (Article 126).

--> If there is a lack of quorum required to a session of the court, the Chief Justice of India, with the prior consent of the President, may appoint ad hoc judges from amongst the judges of High Courts, who have qualifications to become judge of Supreme Court.

--> Similarly, the Chief Justice of India with the prior consent of the President may request a retired judge of the Supreme Court or the High Court to sit and act as a judge of Supreme Court.

--> The interpretation of the Constitution falls within the domain of the Constitutional Bench which must consist of at least 5 judges.

--> The decisions of the Supreme Courts are taken by majority. However, minority opinion may be recorded in the judgment.

Source--http://expertscolumn.com/content/supreme-court-protector-fundamental-rights-and-constitution