Chapter
4 - THE UNION JUDICIARY
(1) If at any time, except when both Houses of
Parliament are in session, the President is satisfied that circumstances exist
which render it necessary for him to take immediate action, he may promulgate
such Ordinance as the circumstances appear to him to require.
(2) An Ordinance
promulgated under this Article shall have the same force and effect as an Act
of Parliament, but every such Ordinance--
(a) shall be laid
before both Houses of Parliament and shall cease to operate at the expiration
of six weeks from the reassembly of Parliament, or, if before the expiration of
that period resolutions disapproving it are passed by both Houses, upon the
passing of the second of those resolutions; and
(b) may be
withdrawn at any time by the President.
Explanation.--Where
the Houses of Parliament are summoned to reassemble on different dates, the
period of six weeks shall be reckoned from the later of those dates for the
purposes of this clause.
(3) If and so far
as an Ordinance under this Article makes any provision which Parliament would
not under this Constitution be competent to enact, it shall be void.
1[***]
Clause (4) was inserted by the Constitution
(Thirty-eighth Amendment) Act, 1975, section. 2 (retrospectively) and omitted
by the Constitution (Forty-fourth Amendment) Act, 1978, section. 16 (w.e.f
20-6-1979).
Article 124 - Establishment and Constitution of Supreme Court
(1) There shall be a Supreme Court of India
consisting of a Chief Justice of India and, until Parliament by law prescribes
a larger number, of not more than seven1 other Judges.
(2) Every Judge of
the Supreme Court shall be appointed by the President by warrant under his hand
and seal after consultation with such of the Judges of the Supreme Court and of
the High Courts in the States as the President may deem necessary for the
purpose and shall hold office until he attains the age of sixty-five years:
Provided that in
the case of appointment of a Judge other than the Chief Justice, the Chief
Justice of India shall always be consulted:
Provided further
that--
(a) a Judge may, by
writing under his hand addressed to the President, resign his office
(b) a Judge may be
removed from his office in the manner provided in clause (4).
2 [(2A). The age of a Judge of the Supreme
Court shall be determined by such authority and in such manner as Parliament
may by law provide.]
(3) A person shall
not be qualified for appointment as a Judge of the Supreme Court unless he is a
citizen of India
(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 ten years an advocate 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.
Explanation I--
this clause "High Court' means a High Court which exercises, or which at
any lime before the commencement of this Constitution exercised, jurisdiction
in any part of the territory of India.
Explanation II--In
computing for the purpose of this clause the period during which a person has
been an advocate, any period during which a person has held judicial office not
inferior to that of a district Judge after he became an advocate shall be
included.
(4) A Judge of the
Supreme Court shall not be removed from his office except by an order of the
President passed after an address by each House of Parliament supported by a
majority of the total membership of that House and by a majority of not less
than two-third of the members of the House present and voting has been
presented to the President in the same session for such removal on the ground
of proved misbehavior or incapacity.
(5) Parliament may
by law regulate the procedure for the presentation of an address and for the
investigation and proof of the misbehavior or incapacity of a Judge under
clause (4):
(6) Every 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 according to the form set out for
the purpose in the Third Schedule.
(7) No person who has held office as a Judge of the Supreme Court shall
plead or act in any court or before any authority within the territory of India
1.
Now "twenty-five", vide the Supreme Court (Number of Judges)
Amendment Act, 1986 (22 of 1986).
2. Inserted by the
Constitution (Fifteenth Amendment) Act, 1963, section 2.
Article 125 - Salaries, etc., of Judges
1 [(1) There shall be paid to the Judges of
the Supreme Court such salaries as may be determined by Parliament by law and,
until provision in that behalf is so made, such salaries as are specified in
the Second Schedule.]
(2) Every Judge
shall be entitled to such privileges and allowances and to such rights in
respect of leave of absence and pension as may from time to time be determined
by or under law made by Parliament and, until so determined, to such
privileges, allowances and rights as are specified in the Second Schedule:
Provided that
neither the privileges nor the allowances of a Judge nor his rights in respect
of leave of absence or pension shall be varied to his disadvantage after his
appointment.
Substituted by the Constitution (Fifty-fourth
Amendment) Act, 1986, section 2, for clause (1) (w.e.f. 1-4-1986).
Article 126 - Appointment of acting Chief Justice
When the office of Chief
Justice of India is vacant or when the Chief Justice is, by reason of absence
or otherwise, unable to perform the duties of his office, the duties of the
office shall be performed by such one of the other Judges of the Court as the
President may appoint for the purpose.
Article
127 - Appointment of ad hoc Judges
(1)If at any time there should not be a quorum
of the Judges of the Supreme Court available to hold or continue any session of
the Court, the Chief Justice of India may, with the previous consent of the
President and after consultation with the Chief Justice of the High Court
concerned, request in writing the attendance at the sittings of the Court, as
an ad hoc Judge, for such period as may be necessary, of a Judge of a High
Court duly qualified for appointment as a Judge of the Supreme Court to be
designated by the Chief Justice of India.
(2)It shall be the
duty of the Judge who has been so designated, in priority to other duties of
his office, to attend the sittings of the Supreme Court at the time and for the
period for which his attendance is required, and while so attending he shall
have all the jurisdiction, powers and privileges, and shall discharge the
duties, of a Judge of the Supreme Court.
Article 128 - Attendance of retired Judges at sittings of the Supreme Court
Notwithstanding
anything in this Chapter, the Chief Justice of India may at any time, with the
previous consent of the President, request any person who has held the office
of a Judge of the Supreme Court or of the Federal Court 1 [or who has
held the office of a Judge of a High Court and is duly qualified for appointment
as a Judge of the Supreme Court] to sit and act as a Judge of the Supreme Court,
and every such person so requested shall, while so sitting and acting, be
entitled to such allowances as the President may by order determine and have all
the jurisdiction, powers and privileges of, but shall not otherwise be deemed
to be, a Judge of that Court:
Provided that
nothing in this Article shall be deemed to require any such person as aforesaid
to sit and act as a Judge of that Court unless he consents so to do.
1. Inserted by the
Constitution (Fifteenth Amendment) Act, 1963, section 3.
Article
129 - Supreme Court to be a court of record
The Supreme Court
shall be a court of record and shall have all the powers of such a court
including the power to punish for contempt of itself.
Article 130 - Seat of Supreme Court
The Supreme Court
shall sit in Delhi
Article 131 - Original jurisdiction of the Supreme Court
Subject to the
provisions of this Constitution, 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 Slates;
(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, if and in so far as the dispute involves any question (whether of
law or fact) on which the existence or extent of a legal right depends:
1 [Provided that the said jurisdiction shall
not extend to a dispute arising out of any treaty, agreement, covenant,
engagement, named or other similar instrument which, having been entered into
or executed before the commencement of this Constitution, continues in
operation after such commencement, or which provides that the said jurisdiction
shall not extend to such a dispute.]
1. Substituted by the
Constitution (Seventh Amendment) Act, 1956, section 5, for the proviso.
Article 131A - Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central Laws [Repealed]
1[131A. Exclusive jurisdiction of the Supreme
Court in regard to question as to constitutional validity of Central Laws
[Rep. by the
Constitution (Forty-third Amendment Act, 1977, section 4 (w.e.f. 13.4.1978]]
Inserted by the Constitution (Forty-second
Amendment) Act 1976, section 23 (w.e.f. 1-2-1977).
Article
132 - Appellate jurisdiction of Supreme Court in appeals from High Courts in
certain cases
(1) An appeal shall lie to the Supreme Court
from any judgment, decree or final order of a High Court in the territory of
India, whether in a civil, criminal or other proceeding, 1 [if the
High Court certifies under Article 134A] that the case involves a substantial
question of law as to the interpretation of this Constitution.
2 [***]
(3) Where such a
certificate is given, 3 [***] any party in the case may appeal to
the Supreme Court on the ground that any such question as aforesaid has been
wrongly decided 3 [***].
Explanation--For the purposes of this Article, the expression "final
order" includes an order deciding an issue which, if decided in favour of
the appellant, would be sufficient for the final disposal of the case.
1.
Substituted by the Constitution (Forty-fourth Amendment) Act 1978,, section 17,
for "if the High Court certifies" (w.e.f. 1-8-1979).
2.
Clause (2) omitted by the Constitution (Forty-fourth Amendment) Act, 1978,
section 17, (w.e.f. 1-8-1979).
3. Certain words omitted by
the Constitution (Forty-fourth Amendment) Act, 1978, section 17, (w.e.f.
1-8-1979).
Article 133 - Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters
1 [(1) 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 India 2 [if the High Court certifies under
Article 134A]-
(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 needs to be decided by the Supreme
Court.]
(2) Notwithstanding
anything in Article 132, any party appealing to the Supreme Court under clause
(1) may urge as one of the grounds in such appeal that a substantial question
of law as to the interpretation of this Constitution has been wrongly decided.
(3) Notwithstanding anything in this Article, no appeal shall, unless
Parliament by law otherwise provides, lie to the Supreme Court from the
judgment, decree or final order of one Judge of a High Court.
1.Substituted
by the Constitution (thirtieth Amendment) Act, 1972, sec, 2, for clause (1)
(w.e.f. 27-2-1973).
2. Substituted by the
Constitution (Forty-fourth Amendment) Act, 1978, section 18, for "if the
High Court certifies-" (w.e.f. 1-8-1979).
Article 134 - Appellate jurisdiction of Supreme Court in regard to criminal matters
(1) An appeal shall lie to the Supreme Court
from any judgment, final order or sentence in a criminal proceeding 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) 1
[certifies under Article 134A] 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.
(2) Parliament may
by law confer on the Supreme Court any further powers to entertain and hear
appeals from any judgment, final order or sentence in a criminal proceeding of
a High Court in the territory
of India
1. Substituted by the
Constitution (Forty-fourth Amendment) Act, 1978, section 19, for
"certifies" (w.e.f. 1-8-1979).
Article 134A - Certificate for appeal to the Supreme Court
1 [134A. Certificate for appeal to the Supreme
Court
Every High Court,
passing or making a judgment, decree, final order, or sentence, referred to in
clause (1) of Article 132 or clause (1) of Article 133, or clause (1) of Article
134-
(a) may, if it deems
fit so to do, on its own motion; and
(b) shall, if an
oral application is made, by or on behalf of the party aggrieved, immediately
after the passing or making of such judgment, decree, final order or sentence,
determine, as soon as may be after such passing or making, the question whether
a certificate of the nature referred to in clause (1) of Article 132, or clause
(1) of Article 133 or, as the case may be, sub-clause (c) of clause (1) of Article
134, may be given in respect of that case]
1. Inserted by the
Constitution (Forty-fourth amendment) Act, 1978, section 20 (w.e.f 1-8-1979).
Article 135 - Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court
Until Parliament by
law otherwise provides, the Supreme Court shall also have jurisdiction and
powers with respect to any matter to which the provisions of Article 133 or Article
134 do not apply if jurisdiction and powers in relation to that matter were
exercisable by the Federal Court immediately before the commencement of this
Constitution under any existing law.
Article 136 - Special leave to appeal by the Supreme Court
(1) Not with standing anything in this
Chapter, the Supreme Court may, in its discretion, 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 India.
(2) 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 Forces.
Article 137 - Review of judgments or orders by the Supreme Court
Subject to the
provisions of any law made by Parliament or any rules made under Article 145,
the Supreme Court shall have power to review any judgment pronounced or order
made by it.
Article 138 - Enlargement of the jurisdiction of the Supreme Court
(1)The Supreme Court shall have such further
jurisdiction and powers with respect to any of the matters in the Union List as
Parliament may by law confer.
(2)The Supreme
Court shall have such further jurisdiction, and powers with respect to any
matter as the Government of India and the Government of any State may by
special agreement confer, if Parliament by law provides for the exercise of such
jurisdiction and powers by the Supreme Court.
Article 139 - 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
warrant to and certiorari, or any of them, for any purposes other than those
mentioned in clause (2) of Article 32.
Article 139A - Transfer of certain cases
1 [139A. Transfer of certain cases
2 [(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 and the Supreme
Court is satisfied on its own motion or an application made by the
Attorney-General of India or by a party to any such case that such questions
are substantial questions of general importance, the Supreme Court may withdraw
the case or cases pending before the High Court or the High Courts and dispose
of all the cases itself:
Provided that the
Supreme Court may after determining the said questions of law return any case
so withdrawn together with a copy of its judgment on such questions to the High
Court from which the case has been withdrawn, and the High Court shall on
receipt thereof, proceed to dispose of the case in conformity with such
judgment.]
(2) The Supreme Court may, if it deems it expedient so to do for the ends
of justice, transfer any case, appeal or other proceedings pending before any
High Court to any other High Court.]
1.
Inserted by the Constitution (Forty-second Amendment) Act, 1976, section 24
(w.e.f. 1-2-1977).
2. Substituted by the
Constitution (forty-fourth Amendment) Act, 1978, section 21 for clause (1)
(w.e.f. 1-8-1979).
Article
140 - Ancillary powers of Supreme Court
Parliament may by
law make provision for conferring upon the Supreme Court such supplemental
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.
Article 141 - Law declared by Supreme Court to be binding on all courts
The law declared by
the Supreme Court shall be binding on all courts within the territory of India
Article 142 - Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc
(1) The Supreme Court in the exercise of its
jurisdiction may pass such decree or make such order as is necessary for doing
complete justice in any cause or matter pending before it, and any decree so
passed or order so made shall be enforceable throughout the territory of India
in such manner as may be prescribed by or under any law made by Parliament and,
until provision in that behalf is so made, in such manner as the President may
by order1 prescribe.
(2) Subject to the
provisions of any law made in this behalf by Parliament, the Supreme Court
shall, as respects the whole of the territory of India, have all and every power
to make any order for the purpose of securing the attendance of any person, the
discovery or production of any documents, or the investigation or punishment of
any contempt of itself.
1. See the Supreme Court
(Decrees and Orders) Enforcement Order, 1954 (C.O. 47).
Article 143 - Power of President to consult Supreme Court
(1) If at any time it appears to the President
that a question of law or fact has arisen, or is likely to arise, which is of
such a nature and of such public importance that it is expedient to obtain the
opinion of the Supreme Court upon it, he may refer the question to that Court
for consideration and the Court may, after such hearing as it thinks fit,
report to the President its opinion thereon.
(2) The President may, notwithstanding anything in 1 [***] the
proviso to Article 131, refer a dispute of the kind mentioned in the 2
[said proviso] 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.
1.
The words, brackets and figure "clause (i) omitted by the Constitution
(Seventh Amendment) Act, 1956, section 29 and Schedule.
2. Substituted by the
Constitution (Seventh Amendment) Act, 1956, section 29 and Schedule, for
"said clause".
Article
144 - Civil and judicial authorities to act in aid of the Supreme Court
All authorities,
civil and judicial, in the territory
of India
Article 144A - Special provisions as to disposal of questions relating to constitutional validity of laws [Repealed]
1[144A. Special provisions as to disposal of
questions relating to constitutional validity of laws
[Rep. by the
Constitution (Forty-third Amendment) Act, 1977, section 5 (w.e.f. 13.4.1978).]]
1 . Inserted by the
Constitution (Forty-second Amendment) Act, 1976, section 25 (w.e.f. 1-2-1977).
Article 145 - Rules of court, etc.
(1) Subject to the provisions of any law made
by Parliament, the Supreme Court may from lime to time, with the approval of
the President, make rules for regulating generally the practice and procedure
of the Court including--
(a) rules as to the
persons practising before the Court,
(b) rules as to the
procedure for hearing appeals and other matters pertaining to appeals including
the time within which appeals to the Court are to be entered;
(c) rules as to the
proceedings in the Court for the enforcement of any of the rights conferred by
Part III;
1 [(cc) rules as to the proceedings in the
Court under 2 [Article 139A];]
(d) rules as to the
entertainment of appeals under sub-clause (c) of clause (1) of Article 134;
(e) any judgment
pronounced or order made by the Court may be received and rules as to the
conditions the procedure for such review including the time within which
applications to the Court for such review are to be entered;
(f) rules as to the
costs of and incidental to any proceedings in the Court and as to the fees to
be charged in respect of proceedings therein;
(g) rules as to the
granting of bail;
(h) rules as to
stay of proceedings;
(i) rules providing
for the summary determination of any appeal which appears to the Court to be
frivolous or vexatious or brought for the purpose of delay;
(j) rules as to the
procedure for inquiries referred to in clause (1) of Article 317.
(2) Subject to the 3
[provisions of 4 [***] clause (3)], rules made under this Article
may fix the minimum number of Judges who are to sit for any purpose, and may
provide for the powers of single Judges and Division Courts.
(3) 5 [4
[***] The minimum number] of Judges who are to sit for the purpose of deciding
any case involving a substantial question of law as to the interpretation of
this Constitution or for the purpose of hearing any reference under Article 143
shall be five:
Provided that,
where the Court hearing an appeal under any of the provisions of this Chapter
other than Article 132 consists of less than five Judges and in the course of
the hearing of the appeal the Court is satisfied that the appeal involves a
substantial question of law as to the interpretation of this Constitution the
determination of which is necessary for the disposal of the appeal, such Court
shall refer the question for opinion to a Court constituted as required by this
clause for the purpose of deciding any case involving such a question and shall
on receipt of the opinion dispose of the appeal in conformity with such
opinion.
(4) No judgment
shall be delivered by the Supreme Court save in open Court, and no report shall
be made under Article 143 save in accordance with an opinion also delivered in
open Court.
(5) No judgment and no such opinion shall be delivered by the Supreme
Court save with the concurrence of a majority of the Judges present at the
hearing of the case, but nothing in this clause shall be deemed to prevent a
Judge who docs not concur from delivering a dissenting judgment or opinion.
1. Inserted by the
Constitution (Forty-second Amendment) Act, 1976, section 26 (w.e.f. 1-2-1977).
2. Substituted by the
Constitution (Forty-third Amendment) Act, 1977, section 6 , for "Articles
131A and 139A" (w.e.f 13-4-1978).
3. Substituted by the
Constitution (Forty-second Amendment) Act, 1976, section 26, for
"provisions of clause (3) (w.e.f. 1-2-1977).
4. Certain words, figures
and letters omitted by the Constitution (Forty-third Amendment) Act, 1977,
section 6 (w.e.f. 13-4-1978).
5.
Substituted by the Constitution (Forty-second Amendment) Act, 1976, section 26,
for "The minimum number" (w.e.f. 1-2-1977).
Article
146 - Officers and servants and the expenses of the Supreme Court
(1) Appointments of officers and servants of
the Supreme Court shall be made by the Chief Justice of India or such other
Judge or officer of the court as he may direct:
Provided that the
President may by rule require that in such cases as may be specified in the
rule, no person not already attached to the Court shall be appointed to any
office connected with the Court, save after consultation with the Union Public
Service Commission.
(2) Subject to the
provisions of any law made by Parliament, the conditions of service of officers
and servants of the Supreme Court shall be such as may be prescribed by rules
made by the Chief Justice of India or by some other Judge or officer of the
Court authorised by the Chief Justice of India to make rules for the purpose:
Provided that the
rules made under this clause shall, so far as they relate to salaries, allowances,
leave or pensions, require the approval of the President.
(3) The
administrative expenses of the Supreme Court, including all salaries,
allowances and pensions payable to or in respect of the offices and servants of
the Court, shall be charged upon the Consolidated Fund of India, and any fees
or other moneys taken by the Court shall form part of that Fund.
Article 147 - Interpretation
In this Chapter and
in Chapter V of Part VI references to any substantial question of law as to the
interpretation of this Constitution shall be construed as including references
to any substantial question of law as to the interpretation of the Government
of India Act, 1935 (including any enactment amending or supplementing that
Act), or of any order in Council or order made there under, or of the Indian
Independence Act, 1947, or of any order made there under.
Chapter
5 - COMPTROLLER AND AUDITOR-GENERAL OF INDIA
Article 148 - Comptroller and Auditor-General of
(1) There shall be a Comptroller and
Auditor-General of India
(2) Every person
appointed to be the Comptroller and Auditor-General of India 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 according to the form
set out for the purpose in the Third Schedule.
(3) The salary and
other conditions of service of the Comptroller and Auditor-General shall be
such as may be determined by Parliament by law and, until they are so
determined, shall be as specified in the Second Schedule:
Provided that
neither the salary of a Comptroller and Auditor-General nor his rights in
respect of leave of absence, pension or age of retirement shall be varied to
his disadvantage after his appointment.
(4) The Comptroller
and Auditor-General shall not be eligible for further office either under the
Government of India or under the Government of any State after he has ceased to
hold his office.
(5) Subject to the
provisions of this Constitution and of any law made by Parliament, the
conditions of service of persons serving in the Indian Audit and Accounts
Department and the administrative powers of the Comptroller and Auditor-General
shall be such as may be prescribed by rules made by the President after consultation
with the Comptroller and Auditor-General.
(6) The
Administrative expenses of the office of the Comptroller and Auditor-General,
including all salaries, allowances and pensions payable to or in respect of
persons serving in that office, shall be charged upon the Consolidated Fund of
India.
Article 149 - Duties and powers of the Comptroller and Auditor-General
The Comptroller and
Auditor-General shall perform such duties and exercise such powers in relation
to the" accounts of the Union and of the States and of any other authority
or body as may be prescribed by or under any law made by Parliament and, until
provision in mat behalf is so made, shall perform such duties and exercise such
powers in relation to the accounts of the Union and of the States as were
conferred on or exercisable by the Auditor-General of India immediately before
the commencement of this Constitution in relation to the accounts of the
Dominion of India and of the Provinces respectively.
Article 150 - Form of accounts of the
1[150. Form of accounts of the Union and of the States
The accounts of the Union and of the States shall be kept in such form as
the President may, 2 [on the advice of] the Comptroller and
Auditor-General of India
1. Substituted by the
Constitution (Forty-second Amendment) Act, 1976, section 27, for Article 150
(w.e.f. 1-4-1977).
2.
Substituted by the Constitution (Forty-fourth Amendment) Act, 1978, section 22,
for "after consultation with" (w.e.f. 20-6-1979).
Article 151 - Audit reports
(1) The reports of the Comptroller and
Auditor-General of India
relating to the accounts of the Union shall be
submitted to the President, who shall cause them to be laid before each House
of Parliament.
(2) The reports of
the Comptroller and Auditor-General of India
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