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Kerala PSC India Year Book Study Materials Page 329
Book's First PageGovernment of India Act, 1935 introduced a federal constitution to India, involving distribution of powers between the Centre and the constituent units. The Federal Court of India began functioning from October 01, 1937. To begin with, Federal Court had a very limited jurisdiction, confined to original jurisdiction in disputes between the centre and constituent units or inter se amongst the latter, advisory jurisdiction and appellate jurisdiction on a certificate from the High Court. Appeals from Federal Court could go to the Privy Council, from the judgements rendered in exercise of original jurisdiction, or by leave of the Federal Court or the Privy Council. In cases involving interpretation of Constitution, the parties had to first go to Federal Court in appeal from the High Court, and in other cases appeals from the High Courts lay directly to the Privy Council. It could give advice on such questions of public importance, as were referred to it by the Governor General, in his discretion. The appellate jurisdiction of the Federal Court was enlarged by enactment of Act No. 1 of 1948 and appeals were provided to Federal Court from the judgement of the High Court in the same circumstances, in which appeals could be brought to the Privy Council, without any special leave and also by special leave of the Federal Court in any other case. However, appeals to the Privy Council were still possible by leave of the Federal Court or of the Council. After achieving independence in August, 1947, there was demand from the Indian polity for enlarging the jurisdiction of Federal Court and granting more powers to it. From 1949 appeals to the Privy Council were abolished altogether and the entire appellate jurisdiction was vested in the Federal Court. On January 26, 1950, Federal Court gave way to the Supreme Court of India under the new Constitution. Supreme Court of India is located on Tilak Marg, New Delhi. After its inauguration on January 28, 1950, the apex court commenced its sittings in a part of the Parliament House. The Court moved into the present building on August 4, 1958. 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 cumulate, Parliament increased the number of Judges from 7 in 1950 to 10 in 1956, 13 in 1960, 17 in 1977, 25 in 1986 and 30 in 2009. As the number of the 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. The Supreme Court of India comprises the Chief Justice and 30 other Judges appointed by the President of India. 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 he 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 Supreme Court. The Constitution seeks to ensure the independence of Supreme Court Judges in various ways. A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same Session for such removal on the ground of proved misbehaviour or incapacity. A person who has been a Judge of the Supreme Court is