Page 227 - DPOL202_COMPARATIVE_POLITICS_AND_GOVERNMENT_ENGLISH

Comparative Politics and Government

Notes position. Munro rightly holds that the development of the Supreme Court into a final arbiter of
constitutional disputes “is one of America’s most important contributions to the science of
government.”
Organisation: The Constitution is silent on the issues of number, qualifications, salaries, emoluments
and period or service of the judges of the Supreme Court. It empowers the Congress to cover these
matters by legisiation.As a result, the Supreme Court came into being in 1789 according to a law
made by the Congress with a Chief Justice and six associate Judges. The number of associate judges
was increased to 9. The judges are nominated by the President subject to their ratification by the
Senate. As there is no constitutional or ordinary law specifying the qualifications of a judge, it is clear
that the matter depends upon the political action of the President. In the absence of clear cut
constitutional or legal requirements, the President is free to appoint anyone for whom Senatorial
confirmation can be obtained. Terms are for good behaviour. Temporary suspensions are probably
constitutional, if surrounded by safeguards, but short of impeachment there is no way of compelling
an aged, lazy, incompetent, or corrupt judge to vacate his office. Facts illustrate that though the
Constitution of the United States says nothing about the qualifications of a judge, actual practice may
be found to have imposed three requirements in this regard - that he must have a formal legal training,
that he must hail from a family having a high social status, and that he must be having a political
standing in the country.
The appointment of a judge is made on a permanent basis for life and it is a matter of his will to retire
at the age of 65 (after 15 years of service) or resign at the age of 70 after serving for ten years. His
service is secure during his ‘good behaviour’. In case the House of Representatives initiates a charge
against a judge based on the allegation of treason, bribery or other high crime of misdemeanour, the
matter goes to the Senate where a resolution passed by 2/3 majority is required to remove the accused
from office and punish him with future disqualifications. So far only 9 judges of constitutional courts
have been impeached of whom 4 were convicted. Samuel Chase was the only judge of the Supreme
Court to stand trial on the charges of impeachment.
Jurisdiction and Judicial Review: The annual session of the Supreme Court opens on first Monday
of October and runs till the end of June or so. Special sessions may be called by the Chief Justice
during the period of adjournment in the event of some matter of unusual or urgent importance. The
Chief Justice presides over sessions and conferences of the Court and announces its verdicts, but he
does not command a special position as a matter is decided by vote. In case the Chief Justice is absent,
the session is presided over by a judge having precedence over others, the matter being settled by the
rule of seniority based on the point of length of service, and date of birth in case the appointment of
judges is of the same date. The Court hears a case for a period of two weeks meeting on days from
Tuesday to Friday. On Saturday the judges meet in camera and register their views so that the
judgement is delivered in public on Monday.
The Supreme Court has both original and appellate jurisdiction which may be thus clarified:

Original Jurisdiction Appellate Jurisdiction

1. Action by the United States 1. From lower districts courts against a State.
2. Action by a State against a State. 2. From State courts when a federal question
is involved.
3. Cases involving ambassadors and
other public ministers.
4. Actions by a State against citizens
of another State or aliens (here
jurisdiction is not exclusive).

Apart from this, what has made the Supreme Court the most powerful organ of the federal government
is the weapon of judicial review in the hands of the judges. The power of judicial review implies that
the courts have the right to declare an order passed by the executive or a law made by the legislature

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