An independent judiciary is a feature of federal governance. With reference to the Supreme Court, answer the following questions:

(i) Who appoints the judges of the Supreme Court? What is the composition of the Supreme Court?

(ii) Mention the three kinds of cases which come under the Appellate jurisdiction of the Supreme Court.

(iii) Explains the terms:

(a) Revisory Jurisdiction;

(b) Advisory Jurisdiction.

(i) A group of senior Supreme Court judges headed by the CJI would make recommendations to the President on who should be appointed as a judge of the Supreme Court. The CJI is required to consult the four senior most judges of the Supreme Court before making any recommendation to the President of India in this regard. This came to be known as the Collegium System which allows a college of persons (judges) to appoint judges.

The Supreme Court of India consists of a Chief Justice of India and not more than 33 other judges, until Parliament by law prescribes a larger number of judges.

(ii) Three kinds of cases which come under appellate jurisdiction of the Supreme Court are:

1. Constitutional Cases — All matters irrespective of the nature, where a certificate is issued by a High Court that it involves an important point of law and needs interpretation of the Constitution, can be brought before the Supreme Court. If the High Court refuses to give a certificate on such a case the Supreme Court can grant special leave of appeal.
2. Civil cases — Appeals in civil matters lie to the Supreme Court, if the High Court certifies:
   1. that the case involves a substantial question of law of general importance, and
   2. that the question needs to be decided by the Supreme Court
3. Criminal Cases — Two types of appeals in criminal cases lie in the Supreme Court.
   1. Cases with the certificate of the High Court
   2. Cases without the certificate of the High Court. The certificate of the High Court is not required in a case:
      1. Where the High Court has reversed the judgement of acquittal given by the Lower Court and punished the accused with a death sentence.
      2. A case which is withdrawn by the High Court from a Subordinate Court and sentenced the accused to death.

(iii) (a) Revisory Jurisdiction — The Supreme Court under Article 137 is empowered to review any judgement or order made by it with a view to removing any mistake or error that might have crept in the judgement or order. This is because the Supreme Court is a court of record and its decisions are of evidentiary value and cannot be questioned in any court.

(b) Advisory Jurisdiction — The Supreme Court has advisory jurisdiction (to give its opinion) on any question of law or fact of public importance as may be referred to it for consideration by the President of India.

The Supreme Court may be required to express its opinion in two classes of matters, in an advisory capacity:

1. Any question of law may be referred to the Supreme Court if the President considers that the question is of public importance and it is necessary to obtain the opinion of the Supreme Court. Such opinion of the Supreme Court is advisory and not binding on the Government nor is it executable as a judgement of the Supreme Court.
2. Disputes arising out of pre-Constitution treaties and agreements which are excluded from original jurisdiction by Article 131.