INDIAN JUDICIARY 

• On January 28, 1950, two days after India became a sovereign democratic republic, the Supreme Court of India came into being.
• The inauguration took place in the Chamber of Princes in the Parliament building which was the home to the Federal Court of India for 12 years preceding the Supreme Court's establishment.
• The Parliament House was to be the home of the Supreme Court for years that were to follow until the court acquired its present building with lofty domes and its signature spacious collonaded verandas in 1958.
• The inaugural proceedings on the 28th began at 9.45 a.m. when the Judges of the Federal Court Chief Justice Harilal J.Kania and Justices Saiyid Fazl Ali, M. Patanjali Sastri, Mehr Chand Mahajan, Bijan Kumar Mukherjea and S.R. Das took their seats.
• The inaugural proceedings ensured that the rules of the court were published and the names of all the advocates and agents of the Federal Court were brought on the rolls of the Supreme Court.

 Evolution of the Supreme Court

• In 1958, when the court shifted its premises, the building was shaped to project the image of scales of justice, in the central wing.
• In 1979, two new wings the East wing and the West wing were added to the complex.
• In all, there are 19 Courtrooms in the various wings of the building.
• The Chief Justice's Court is the largest of the Courts at the Central Wing's Centre.
• The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne judges leaving it to Parliament to increase this number.
• In the early years, all the judges of the Supreme Court sat together to hear the cases presented before them.
• As the work of the Court increased and arrears of 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, 31 in 2009 and 34 in 2019 (Current Strength).
• As the number of Judges has increased, they sit in smaller benches of two and three coming together in larger benches of 5 and more only when required to do so or to settle a difference of opinion or controversy.

• Article 124 establishes the Supreme Court of India, consisting of a Chief Justice and other judges. It outlines the composition and jurisdiction of the Supreme Court.
• Article 125 empowers Parliament to determine the salaries, allowances, and other conditions of service for the judges of the Supreme Court.
• Article 126 allows the President to appoint an acting Chief Justice when the office of the Chief Justice is vacant or when the Chief Justice is unable to perform duties.
• Article 127 The President has the authority to appoint a person who has been a judge of the Supreme Court or High Court as an ad hoc judge for a temporary period.
• Article 128 Retired judges may be requested by the Chief Justice of India to sit and act as judges of the Supreme Court, emphasizing the importance of their experience.
• Article 129 Declares the Supreme Court as a court of record with the power to punish for contempt of itself, highlighting its authority.
• Article 130 The Supreme Court shall sit in Delhi, or in such other place or places as the Chief Justice of India may, with the approval of the President, appoint.
• Article 131 Grants the Supreme Court original jurisdiction in disputes between the Government of India and States or between different States.
• Article 131A Originally provided exclusive jurisdiction to the Supreme Court in constitutional matters related to Central laws; however, it has been repealed.
• Article 132 Details the appellate jurisdiction of the Supreme Court in certain cases coming from High Courts.
• Article 133 Specifies the appellate jurisdiction of the Supreme Court in civil matters.
• Article 134 Outlines the Supreme Court's appellate jurisdiction in criminal matters.
• Article 134A Deals with the certification required for an appeal to the Supreme Court in certain cases.
• Article 135 Confers the jurisdiction and powers of the former Federal Court on the Supreme Court.
• Article 136 Grants the Supreme Court the discretionary power to grant special leave to appeal from any judgment or order.
• Article 137 Empowers the Supreme Court to review its own judgments or orders.
• Article 138 Allows Parliament to extend the jurisdiction of the Supreme Court.
• Article 139 Grants the Supreme Court the power to issue writs for the enforcement of fundamental rights.
• Article 139A Provides for the transfer of certain cases from one High Court to another or from a High Court to the Supreme Court.
• Article 140 Empowers the Supreme Court to exercise ancillary powers necessary for the effective discharge of its jurisdiction.
• Article 141 Declares that the law declared by the Supreme Court is binding on all courts within the territory of India.
• Article 142 Grants the Supreme Court the power to pass decrees and orders necessary for doing complete justice in any cause or matter.
• Article 143 Allows the President to refer questions of law or fact to the Supreme Court for its opinion.
• Article 144 Requires all authorities to act in aid of the Supreme Court.
• Article 144A Originally provided special provisions for the disposal of questions regarding the constitutional validity of laws but has been repealed.
• Article 145 Grants the Supreme Court the authority to make rules regulating the practice and procedure of the court.
• Article 146 Deals with the appointment of officers and servants of the Supreme Court and the expenses associated with it.
• Article 147 Provides for the interpretation of the expression "existing law" about the jurisdiction, powers, and authority of the Supreme Court under this chapter.

The Supreme Court of India has a well-defined organizational structure, which includes the Chief Justice of India, other judges, and various administrative and supporting staff. 

Chief Justice of India (CJI)

• The Chief Justice of India is the head of the Supreme Court.
• The CJI is appointed by the President of India and is responsible for the overall functioning of the court.
• The CJI presides over important matters, assigns cases to other judges, and represents the judiciary in various capacities.

Judges

• The Supreme Court can have a maximum strength of 34 judges, including the Chief Justice.
• Judges are appointed by the President of India based on recommendations from the collegium (a group of top judges).
• Judges of the Supreme Court hear and decide cases, contribute to the formulation of legal principles, and may also be involved in administrative responsibilities.

• Registry: The Registry is the administrative wing of the Supreme Court responsible for handling administrative and procedural aspects. It is headed by the Secretary-General, who is an officer appointed by the Chief Justice of India.
• Court Officers and Staff: Various court officers and staff assist in the day-to-day functioning of the Supreme Court. This includes Registrars, Deputy Registrars, Assistant Registrars, and other administrative staff who manage the filing of cases, scheduling, and other administrative tasks.
• Advocates and Legal Professionals: Advocates and legal professionals, including Senior Advocates and Advocates-on-Record, play a crucial role in presenting cases before the Supreme Court. Advocates-on-Record are registered practitioners who are eligible to file cases and plead on behalf of litigants.
• Library and Research Staff: The Supreme Court library is an integral part of the institution, providing extensive legal resources to judges and legal professionals. Research staff may assist judges in legal research and analysis.
• Security and Support Staff: The Supreme Court has security personnel to ensure the safety of the premises and those present. Support staff includes personnel responsible for maintenance, cleaning, and other logistical aspects.
• Committees and Commissions: Various committees and commissions may be constituted by the Chief Justice or the Supreme Court for specific purposes, such as judicial reforms, ethics, or other administrative matters.
• Supreme Court Bar Association (SCBA) is an association of lawyers who are authorized to practice in the Supreme Court. It plays a role in addressing the concerns of lawyers practising in the Supreme Court.
• Legal Aid and Pro Bono Services: The Supreme Court may have mechanisms in place to provide legal aid to those who cannot afford legal representation.
• Judicial Committees and Panels: Special committees or panels may be formed for specific tasks, inquiries, or recommendations related to the functioning of the judiciary.

Collegium System

• The Collegium system is not rooted in the Constitution. Instead, it has evolved through judgments of the Supreme Court.
• Under the system, the Chief Justice of India along with four senior-most Supreme Court judges recommend appointments and transfers of judges.
• A High Court Collegium, meanwhile, is led by the incumbent Chief Justice and the two senior-most judges of that court.
• In this system, the government’s role is limited to getting an inquiry conducted by the Intelligence Bureau (IB) if a lawyer is to be elevated as a judge in a High Court or the Supreme Court.
• The government can also raise objections and seek clarifications regarding the Collegium’s choices, but, if the Collegium reiterates the same names, the government is bound, under Constitution Bench judgments, to appoint them to the post. 

 Evolution of Collegium System

• In the First Judges case, the court held that the consultation with the CJI should be "full and effective".
• The Second Judges Case introduced the collegium system in 1993, as they ordered the CJI to consult a collegium of his two senior judges in the apex court on judicial appointments, such a "collective opinion" of the collegium would have primacy over the government.
• The Third Judges case in 1998, expanded the judicial collegium to its present composition of the CJI and four of its senior-most judges.

Procedure for replacement of Collegium System

• Replacing the Collegium system calls for a Constitutional Amendment Bill.
• It requires a majority of not less than two-thirds of MPs (Members of Parliament) present and voting in Lok Sabha as well as Rajya Sabha.
• It also needs the ratification of legislatures of not less than one-half of the states.

The concerns associated with the Collegium system

6. About the National Judicial Appointments Commission (NJAC)

• The Constitution (99th Amendment) Act, which established the NJAC and the NJAC Act, was passed by Parliament in 2014 to set up a commission for appointing judges,
  replacing the Collegium system.
• This would essentially increase the government’s role in the appointment of judges. 
• The laws were repealed in October 2015 after the Supreme Court struck them down.

Composition of NJAC

• The Chief Justice of India as the ex officio Chairperson.
• Two senior-most Supreme Court Judges as ex officio members.
• The Union Minister of Law and Justice as ex officio members. 
• Two eminent persons from civil society (one of whom would be nominated by a committee consisting of the CJI, Prime Minster, and the Leader of Opposition in the Lok Sabha, and the other would be nominated from the SC/ST/OBC/minority communities or women.