The Supreme Court of India is the highest court in the Indian judicial system.
It protects the Constitution, decides disputes between governments, hears appeals from High Courts, protects Fundamental Rights, and gives the final interpretation of constitutional provisions.
The Supreme Court is discussed in Part V of the Constitution under Articles 124 to 147.
These Articles deal with the Court’s:
- Organisation
- Independence
- Jurisdiction
- Powers
- Procedure
Parliament also has the power to regulate many provisions related to the Supreme Court.
Table of Contents
Establishment Of The Supreme Court
The Supreme Court was inaugurated on 28 January 1950.
It succeeded the Federal Court of India, which had been established under the Government of India Act, 1935.
Organisation Of The Supreme Court
At present, the Supreme Court has 34 judges.
This includes:
- 1 Chief Justice of India
- 33 other judges
Originally, the Supreme Court had:
- 1 Chief Justice of India
- 7 other judges
Appointment Of Supreme Court Judges
The judges of the Supreme Court are appointed by the President of India.
The Chief Justice of India is appointed by the President after consultation with such judges of the Supreme Court and High Courts as the President considers necessary.
Other judges of the Supreme Court are appointed by the President after consultation with the Chief Justice of India.
Judges Cases And Evolution Of Appointment Process
First Judges Case, 1982
In the First Judges Case, 1982, the Supreme Court said that consultation does not mean concurrence.
It only means exchange of views.
This meant that the opinion of the Chief Justice of India was not treated as binding on the executive.
Second Judges Case, 1993
In the Second Judges Case, 1993, the meaning of consultation changed to concurrence.
The Supreme Court ruled that the advice given by the Chief Justice of India is binding on the President in matters related to the appointment of Supreme Court judges.
The Chief Justice of India was required to take the advice of the 2 senior-most judges of the Supreme Court.
This case became the foundation of the Collegium System.
Third Judges Case, 1998
In the Third Judges Case, 1998, the Supreme Court said that the Chief Justice of India must consult a plurality of judges.
The Chief Justice of India should consult a collegium of the 4 senior-most judges of the Supreme Court.
The recommendation of the Chief Justice of India is not binding on the Government if he has not consulted other judges.
If 2 judges are against the opinion, the Chief Justice of India will not recommend it to the Government.
Collegium System
The Collegium System was adopted from the Second Judges Case.
Under this system:
- The Collegium recommends the names of candidates to the Central Government.
- The Central Government sends the proposed names for consultation.
- If the Collegium sends the same name again, the Government has to give its assent.
In simple terms, the Collegium System gives primacy to the judiciary in the appointment of judges.
99th Constitutional Amendment Act, 2014 And NJAC
The 99th Constitutional Amendment Act, 2014 sought to replace the Collegium System with the National Judicial Appointments Commission, or NJAC.
The NJAC was introduced because the Collegium System was criticised for lacking transparency and accountability.
However, the Supreme Court struck down the NJAC.
The Court held that it went against the independence of the judiciary, which is part of the Basic Structure of the Constitution.
Appointment Of Chief Justice Of India
From 1950 to 1973, the senior-most judge of the Supreme Court was appointed as the Chief Justice of India.
This was followed as a constitutional convention.
However, this convention was broken in 1973, when A.N. Ray was appointed Chief Justice of India by superseding senior judges of the Supreme Court.
Again in 1977, M.U. Beg was appointed Chief Justice of India by superseding senior judges.
Second Judges Case And CJI Appointment
In the Second Judges Case, 1993, the Supreme Court held that the senior-most judge of the Supreme Court alone should be appointed as the Chief Justice of India.
This restored the seniority convention for appointment to the office of Chief Justice of India.
Qualifications Of Supreme Court Judges
A person must have the following qualifications to become a judge of the Supreme Court:
- He should be a citizen of India.
- He should have been a judge of a High Court or High Courts in succession for 5 years, or
- He should have been an advocate of a High Court or High Courts in succession for 10 years, or
- He should be a distinguished jurist in the opinion of the President.
The Constitution does not prescribe any minimum age for appointment as a judge of the Supreme Court.
Oath Of Supreme Court Judges
The judges of the Supreme Court take oath before the President or a person appointed by the President.
In the oath, a judge promises to:
- Bear true faith and allegiance to the Constitution of India.
- Uphold the sovereignty and integrity of India.
- Perform duties without fear or favour, affection or ill-will.
- Uphold the Constitution and the laws.
Tenure Of Supreme Court Judges
The tenure of Supreme Court judges is not fixed by the Constitution.
However, 3 important provisions apply:
- A judge holds office until he attains the age of 65 years.
- A judge can resign by writing to the President.
- A judge can be removed by the President on the recommendation of Parliament.
Any question regarding the age of a Supreme Court judge is determined by an authority provided by Parliament.
Removal Of Supreme Court Judge
A judge of the Supreme Court can be removed only by an order of the President.
The President can issue the removal order only after an address by Parliament has been presented to him in the same session.
A special majority is required for removal.
Grounds Of Removal
A Supreme Court judge can be removed on 2 grounds:
- Proved misbehaviour
- Incapacity
Judges Enquiry Act, 1968
The Judges Enquiry Act, 1968 regulates the procedure for removal of a Supreme Court judge through impeachment.
Procedure For Removal
- A removal motion must be signed by 100 members of Lok Sabha or 50 members of Rajya Sabha.
- The motion is given to the Presiding Officer of the concerned House.
- The Presiding Officer may admit the motion or refuse to admit it.
- If admitted, a 3-member committee is formed to investigate the charges.
- If the committee finds the judge guilty, the House can take up the motion for consideration.
- The motion must be passed by each House by special majority.
- After both Houses pass the motion, an address is presented to the President for removal.
- The President then passes an order removing the judge.
Three-Member Committee
The committee consists of:
- Chief Justice of India or a judge of the Supreme Court.
- Chief Justice of a High Court.
- A distinguished jurist.
Salaries And Allowances
The salaries, allowances, privileges, leave and pension of Supreme Court judges are determined by Parliament.
They cannot be changed to their disadvantage after appointment.
The only exception is during a Financial Emergency.
Acting Chief Justice Of India
An Acting Chief Justice of India is appointed by the President when:
- The office of Chief Justice of India is vacant.
- The Chief Justice of India is temporarily absent.
- The Chief Justice of India is unable to perform his duty.
Ad-Hoc Judge
When there is a lack of quorum of permanent judges to hold a session, the Chief Justice of India can appoint a judge of a High Court as an ad-hoc judge of the Supreme Court for a temporary period.
Conditions For Ad-Hoc Judge
- Previous consent of the President is compulsory.
- Consent of the Chief Justice of the concerned High Court is compulsory.
- The ad-hoc judge must be qualified for appointment as a Supreme Court judge.
- An ad-hoc judge enjoys all jurisdiction, powers and privileges of a Supreme Court judge.
Retired Judge
The Chief Justice of India can request a retired judge of the Supreme Court or a duly qualified High Court judge to act as a judge of the Supreme Court for a temporary period.
Conditions For Retired Judge
- Previous consent of the President is required.
- Consent of the concerned judge is required.
- Allowances are determined by the President.
- The retired judge enjoys the powers, jurisdiction and privileges of a Supreme Court judge.
- However, he is not deemed to be a judge of the Supreme Court.
Seat Of Supreme Court – Article 130
The seat of the Supreme Court is in Delhi.
The Chief Justice of India is authorised to appoint another place or places as the seat of the Supreme Court.
For this, the approval of the President is required.
Jurisdiction And Powers Of Supreme Court
The Supreme Court has wide jurisdiction and powers.
These include:
- Original Jurisdiction
- Writ Jurisdiction
- Appellate Jurisdiction
- Special Leave Jurisdiction
- Court of Record
- Review Jurisdiction
- Power of Judicial Review
Original Jurisdiction – Article 131
Original jurisdiction means the power to hear a dispute directly in the first instance, not by way of appeal.
Under Article 131, the Supreme Court decides disputes:
- Between the Centre and one or more States.
- Between the Centre and any State or States on one side and one or more States on the other side.
- Between 2 or more States.
Writ Jurisdiction – Article 32
Under Article 32, the Supreme Court can issue writs for the enforcement of Fundamental Rights.
The 5 writs are:
- Habeas Corpus
- Mandamus
- Prohibition
- Certiorari
- Quo Warranto
Article 32 is important because it gives people direct access to the Supreme Court when their Fundamental Rights are violated.
Appellate Jurisdiction
The Supreme Court is the highest court of appeal in India.
Its appellate jurisdiction includes:
- Appeals in constitutional matters – Article 132
- Appeals in civil matters – Article 133
- Appeals in criminal matters – Article 134
- Appeals by special leave – Article 136
Appeals In Constitutional Matters – Article 132
An appeal lies to the Supreme Court if the High Court certifies that the case involves a substantial question of law requiring interpretation of the Constitution.
Appeals In Civil Matters – Article 133
An appeal lies to the Supreme Court from any judgment of a High Court if the High Court certifies:
- The case involves a substantial question of law of general importance.
- The question needs to be decided by the Supreme Court.
Appeals In Criminal Matters – Article 134
An appeal may lie to the Supreme Court in criminal matters if the High Court:
- Reverses an order of acquittal and sentences the accused person to death.
- Takes a case from a subordinate court, convicts the accused and sentences him to death.
- Certifies that the case is fit for appeal to the Supreme Court.
In the first 2 cases, appeal lies to the Supreme Court as a matter of right, without any certificate of the High Court.
If the High Court reverses conviction and orders acquittal, there is no right to appeal to the Supreme Court.
Appeal By Special Leave – Article 136
The Supreme Court can grant Special Leave to Appeal from any judgment in any matter passed by any court or tribunal in India.
This does not apply to military tribunals or martial courts.
Features Of Special Leave Jurisdiction
- It is a discretionary power.
- It cannot be claimed as a matter of right.
- It can be granted in any judgment, whether final or interlocutory.
- It may relate to constitutional, civil, criminal, income-tax, labour, revenue, advocates or other matters.
- It can be granted against any court or tribunal except military courts.
This gives the Supreme Court a very wide appellate jurisdiction.
Court Of Record – Article 129
The Supreme Court is a Court of Record under Article 129.
As a Court of Record, it has 2 important powers.
Record Value
The judgments, proceedings and acts of the Supreme Court are recorded for permanent memory and testimony.
These records have evidentiary value and cannot be questioned when produced before any court.
Supreme Court judgments are recognised as legal precedents and legal references.
Contempt Power
The Supreme Court has the power to punish for contempt.
It can punish contempt not only of itself but also of High Courts, subordinate courts and tribunals functioning in the country.
Contempt Of Court
Contempt can be:
- Civil contempt
- Criminal contempt
Civil Contempt
Civil contempt means wilful disobedience of any judgment, order, writ or other process of a court.
Criminal Contempt
Criminal contempt means publication of any matter or doing any act that:
- Scandalises or lowers the authority of a court.
- Prejudices or interferes with judicial proceedings.
- Obstructs the administration of justice in any other manner.
What Does Not Amount To Contempt?
The following do not amount to contempt of court:
- Innocent publication.
- Distribution of some matter.
- Fair and accurate reporting of judicial proceedings.
- Fair and reasonable criticism of judicial acts.
- Comments on the administrative side of the judiciary.
Review Jurisdiction – Article 137
Under Article 137, the Supreme Court has the power to review its own judgment or order.
This allows the Court to correct its own errors in suitable cases.
Power Of Judicial Review – Article 13
Judicial review means the power of the Supreme Court to examine the constitutionality of legislative acts and executive orders.
The Supreme Court can review actions of both the Central Government and State Governments.
If a law or executive order violates the Constitution, the Supreme Court may declare it:
- Illegal
- Unconstitutional
- Null and void
The Supreme Court is the ultimate interpreter of the Constitution of India.
Other Powers Of The Supreme Court
The Supreme Court also performs several important constitutional functions.
- It gives final interpretation to the provisions and language of the Constitution.
- It decides disputes regarding the election of the President and Vice-President.
- In such election disputes, it has original, exclusive and final authority.
- It enquires into the conduct and behaviour of the Chairperson and members of UPSC, SPSC or JPSC on a reference made by the President.
- It can withdraw cases pending before High Courts and dispose of them itself.
- It can transfer a case or appeal pending before one High Court to another High Court.
- Its law is binding on all courts in India.
- Its decree or order is enforceable throughout the country.
Supreme Court At A Glance
| Topic | Detail |
|---|---|
| Constitutional Part | Part V |
| Articles | Articles 124-147 |
| Inaugurated | 28 January 1950 |
| Succeeded | Federal Court of India |
| Present strength | 34 judges |
| Composition | 1 CJI + 33 judges |
| Original strength | 1 CJI + 7 judges |
| Judges appointed by | President |
| Retirement age | 65 years |
| Minimum age | Not prescribed |
| Seat | Delhi |
| Article 130 | Seat of Supreme Court |
| Article 131 | Original jurisdiction |
| Article 32 | Writ jurisdiction |
| Article 129 | Court of Record |
| Article 137 | Review jurisdiction |
| Article 13 | Judicial Review |
Important Judges Cases At A Glance
| Case | Year | Main Point |
|---|---|---|
| First Judges Case | 1982 | Consultation does not mean concurrence |
| Second Judges Case | 1993 | Consultation means concurrence; CJI advice binding |
| Third Judges Case | 1998 | CJI must consult collegium of 4 senior-most judges |
Important Articles At A Glance
| Article | Subject |
|---|---|
| Article 124 | Establishment and constitution of Supreme Court |
| Article 129 | Supreme Court as Court of Record |
| Article 130 | Seat of Supreme Court |
| Article 131 | Original jurisdiction |
| Article 132 | Constitutional appeals |
| Article 133 | Civil appeals |
| Article 134 | Criminal appeals |
| Article 136 | Special Leave to Appeal |
| Article 137 | Review of judgments |
| Article 13 | Judicial Review |
| Article 32 | Writ jurisdiction for Fundamental Rights |
FAQs On Supreme Court Of India
Which Part of the Constitution deals with the Supreme Court?
The Supreme Court is covered under Part V of the Constitution.
Which Articles deal with the Supreme Court?
Articles 124 to 147 deal with the Supreme Court.
When was the Supreme Court inaugurated?
The Supreme Court was inaugurated on 28 January 1950.
Which court did the Supreme Court succeed?
The Supreme Court succeeded the Federal Court of India.
What is the present strength of the Supreme Court?
The Supreme Court has 34 judges, including 1 Chief Justice of India and 33 other judges.
Who appoints Supreme Court judges?
Supreme Court judges are appointed by the President of India.
What is the Collegium System?
The Collegium System is the system under which senior judges recommend names for appointment of judges to the Central Government.
From which case was the Collegium System adopted?
The Collegium System was adopted from the Second Judges Case, 1993.
What happens if the Collegium repeats a name?
If the Collegium sends the same name again, the Government has to give its assent.
What was the 99th Constitutional Amendment Act, 2014?
The 99th Constitutional Amendment Act, 2014 sought to replace the Collegium System with the NJAC.
Why was NJAC struck down?
The Supreme Court struck down NJAC because it violated judicial independence, which is part of the Basic Structure of the Constitution.
What is the retirement age of Supreme Court judges?
Supreme Court judges retire at the age of 65 years.
Is there a minimum age for Supreme Court judges?
No. The Constitution does not prescribe a minimum age for Supreme Court judges.
What are the grounds for removal of a Supreme Court judge?
A Supreme Court judge may be removed on the grounds of proved misbehaviour or incapacity.
What is Article 131?
Article 131 deals with the original jurisdiction of the Supreme Court.
What is Article 32?
Article 32 gives the Supreme Court power to issue writs for enforcement of Fundamental Rights.
What is Article 136?
Article 136 deals with Special Leave to Appeal.
What is Article 129?
Article 129 declares the Supreme Court as a Court of Record.
What is Article 137?
Article 137 gives the Supreme Court power to review its own judgments or orders.
What is judicial review?
Judicial review is the power of the Supreme Court to examine the constitutionality of laws and executive orders and declare them invalid if they violate the Constitution.
Last Moment Exam Cheat Sheet – Supreme Court Of India
- Articles 124-147 – Supreme Court provisions.
- Inaugurated – 28 January 1950.
- Succeeded – Federal Court of India.
- Present strength – 34 judges.
- Composition – 1 CJI + 33 other judges.
- Original strength – 1 CJI + 7 judges.
- Judges appointed by – President.
- First Judges Case, 1982 – Consultation does not mean concurrence.
- Second Judges Case, 1993 – Consultation means concurrence.
- Third Judges Case, 1998 – CJI must consult 4 senior-most judges.
- Collegium System – Adopted from Second Judges Case.
- Repeated collegium recommendation – Government has to give assent.
- 99th CAA, 2014 – Introduced NJAC to replace Collegium System.
- NJAC struck down – Violated judicial independence and Basic Structure.
- 1950-1973 – Senior-most judge convention followed for CJI appointment.
- 1973 – A.N. Ray appointed CJI by superseding senior judges.
- 1977 – M.U. Beg appointed CJI by superseding senior judges.
- Second Judges Case, 1993 – Senior-most Supreme Court judge alone should be appointed CJI.
- Qualifications – Citizen of India, 5 years High Court judge or 10 years High Court advocate or distinguished jurist.
- Minimum age – Not prescribed.
- Retirement age – 65 years.
- Removal grounds – Proved misbehaviour or incapacity.
- Removal motion – 100 Lok Sabha members or 50 Rajya Sabha members.
- Judges Enquiry Act, 1968 – Regulates removal procedure.
- Article 130 – Seat of Supreme Court in Delhi.
- Article 131 – Original jurisdiction.
- Article 32 – Writ jurisdiction.
- Article 132 – Constitutional appeals.
- Article 133 – Civil appeals.
- Article 134 – Criminal appeals.
- Article 136 – Special Leave to Appeal.
- Article 129 – Court of Record.
- Article 137 – Review jurisdiction.
- Article 13 – Judicial Review.