Supreme Court of India

India's Constitution establishes an integrated judicial system with the Supreme Court at the apex, followed by High Courts at the state level, and a hierarchy of subordinate courts below them. This single-court structure, borrowed from the Government of India Act, 1935, enforces both Central and state laws uniformly.

This stands in sharp contrast to the American model, where a dual system operates — federal courts enforcing federal laws and state courts enforcing state laws. Despite being a federal polity like the USA, India chose judicial unity over a divided structure.

The Supreme Court of India was inaugurated on January 28, 1950, succeeding the Federal Court of India (established under the GoI Act, 1935). Its jurisdiction is wider than its predecessor because it also replaced the British Privy Council as the final court of appeal.

The constitutional provisions governing the Supreme Court are found in Articles 124 to 147 in Part V of the Constitution. Parliament is also authorised to regulate these provisions.

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Composition

Currently, the Supreme Court consists of 31 judges — one Chief Justice of India (CJI) and 30 other judges. The strength has been progressively increased by Parliament:

• Original strength (1950): 8 (1 CJI + 7 judges)
• 1956: increased to 11
• 1960: 14
• 1977: 18
• 1986: 26
• 2009: 31 (via the Supreme Court (Number of Judges) Amendment Act, 2008)

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All Supreme Court judges are appointed by the President of India.

• Chief Justice: Appointed by the President after consulting such judges of the Supreme Court and High Courts as deemed necessary.
• Other Judges: Appointed by the President after mandatory consultation with the Chief Justice, along with other SC and HC judges as the President deems fit. Consultation with the CJI is obligatory for all appointments other than the CJI.

The Collegium System and the Judges Cases

The meaning of 'consultation' has evolved through landmark judicial pronouncements:

NJAC Episode: The 99th Constitutional Amendment Act, 2014 and the National Judicial Appointments Commission (NJAC) Act, 2014 sought to replace the collegium with a multi-member body. The Supreme Court, in 2015, declared both unconstitutional and void, holding that the NJAC would compromise judicial independence.

Appointment of the Chief Justice

Convention from 1950–1973 was to appoint the seniormost judge of the Supreme Court as CJI. This was violated twice:

• 1973: A N Ray was appointed by superseding three senior judges.
• 1977: M U Beg was appointed by superseding the seniormost judge (H R Khanna).

The Second Judges Case (1993) judicially settled this: only the seniormost judge of the Supreme Court shall be appointed as CJI.

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Qualifications

A Supreme Court judge must:

1. Be a citizen of India.
2. Have been a judge of a High Court for 5 years (one or more in succession); or
3. Have been an advocate of a High Court for 10 years (one or more in succession); or
4. Be a distinguished jurist in the opinion of the President.

Note: The Constitution prescribes no minimum age for appointment.

Oath

Before assuming office, a judge takes an oath before the President (or a designated person) to:

• Bear true faith and allegiance to the Constitution;
• Uphold the sovereignty and integrity of India;
• Discharge duties without fear, favour, affection, or ill-will;
• Uphold the Constitution and the laws.

Tenure

The Constitution does not fix a specific tenure but provides:

1. Judges hold office until they attain the age of 65 years.
2. A judge may resign by writing to the President.
3. A judge may be removed by the President on Parliament's recommendation.

Removal (Impeachment)

A Supreme Court judge can be removed only on grounds of proved misbehaviour or incapacity, following a strict procedure under the Judges Enquiry Act, 1968:

1. Removal motion signed by 100 Lok Sabha members or 50 Rajya Sabha members is submitted to the Speaker/Chairman.
2. The Speaker/Chairman may admit or refuse it.
3. If admitted, a three-member inquiry committee is constituted, comprising:
   • (a) A SC judge or the CJI
   • (b) A High Court Chief Justice
   • (c) A distinguished jurist
4. If the committee finds guilt, the motion is taken up in Parliament.
5. The motion must be passed by special majority in each House (majority of total membership + two-thirds of members present and voting).
6. An address is then presented to the President, who issues the removal order.

Key Fact: No SC judge has ever been successfully removed. Justice V. Ramaswami (1991–93) is the only case where impeachment proceedings were initiated — the inquiry committee found him guilty, but the motion was defeated in Lok Sabha because the Congress Party abstained.

Important: An impeachment motion does not lapse on dissolution of the Lok Sabha.

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• Salaries, allowances, leave, and pension are determined by Parliament.
• Cannot be varied to the disadvantage of judges after appointment, except during a Financial Emergency.
• Charged on the Consolidated Fund of India — hence non-votable by Parliament (though discussable).
• Retired CJI and judges receive 50% of last drawn salary as monthly pension.

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Acting Chief Justice

The President may appoint a sitting SC judge as Acting CJI when the CJI's post is vacant, the CJI is temporarily absent, or unable to perform duties.

Ad Hoc Judge

When there is a lack of quorum to hold SC sessions, the CJI (with Presidential consent and after consulting the concerned HC Chief Justice) may appoint a qualified High Court judge as an ad hoc judge temporarily. Such a judge enjoys all SC powers and privileges during the period.

Retired Judges

The CJI may, with Presidential consent and the person's consent, request a retired SC or HC judge (who is qualified for SC appointment) to sit temporarily. Such a judge exercises all SC powers but is not deemed a regular SC judge.

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• The Constitution designates Delhi as the seat of the Supreme Court.
• The CJI may designate other places as additional seats, but only with Presidential approval.
• This provision is optional, not mandatory — no court can direct the President or CJI to establish alternate seats.

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• The Supreme Court may, with Presidential approval, frame rules for its own practice and procedure.
• Constitutional cases and Presidential references under Article 143 are heard by a bench of at least 5 judges.
• Other cases are typically decided by a bench of not less than 3 judges.
• Judgements are delivered in open court.
• Decisions are by majority vote; dissenting judges may record their dissenting opinions.

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The Constitution incorporates multiple safeguards to preserve judicial independence:

1. Mode of Appointment: Judges are appointed in consultation with the judiciary, limiting executive discretion.
2. Security of Tenure: Judges can only be removed through a difficult constitutional process — not at executive pleasure.
3. Fixed Service Conditions: Salaries and conditions cannot be altered to a judge's disadvantage post-appointment (except during Financial Emergency).
4. Expenditure on Consolidated Fund: SC expenses are non-votable, insulating the judiciary from legislative pressure.
5. Prohibition on Discussion of Conduct: Parliamentary/state legislative discussion on a judge's conduct is barred except during impeachment proceedings.
6. Post-Retirement Practice Ban: Retired SC judges cannot plead before any court or authority in India, preventing conflicts of interest during tenure.
7. Contempt Power: The SC can punish any person for contempt, preserving its authority and dignity.
8. Freedom to Appoint Staff: The CJI independently appoints SC officers and staff without executive interference.
9. Jurisdiction Cannot Be Curtailed: Parliament may extend but cannot reduce the SC's constitutionally guaranteed jurisdiction.
10. Separation from Executive: The State is directed (Article 50, DPSP) to separate the judiciary from the executive in public services. The CrPC 1973 operationalised this.

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1. Original Jurisdiction

As a federal court, the SC has exclusive original jurisdiction to decide disputes between:

• (a) The Centre and one or more states;
• (b) The Centre and any state(s) on one side, and one or more states on the other;
• (c) Two or more states.

Exclusive: No other court can hear such disputes. Original: Heard in the first instance, not by way of appeal.

Limitations — This jurisdiction does NOT extend to:

• Disputes under pre-Constitution treaties/instruments
• Disputes under treaties that explicitly exclude SC jurisdiction
• Inter-state water disputes (excluded by the Inter-State Water Disputes Act, 1956)
• Matters referred to the Finance Commission
• Adjustment of certain expenses/pensions between Centre and states
• Ordinary commercial disputes between Centre and states
• Recovery of damages by a state against the Centre
• Political questions or suits by private citizens against the Centre/state

The first suit under original jurisdiction was filed by West Bengal vs. Union of India (1961) — challenging the Coal Bearing Areas Act, 1957. The SC dismissed it, upholding the Act.

2. Writ Jurisdiction

The SC is empowered to issue five writs — habeas corpus, mandamus, prohibition, quo warranto, and certiorari — to enforce Fundamental Rights.

Key distinctions:

• SC's writ jurisdiction is concurrent with the High Courts (aggrieved citizen may approach either).
• SC issues writs only for enforcement of Fundamental Rights.
• High Courts can issue writs for Fundamental Rights and other purposes — making HC writ jurisdiction wider than SC's.
• Parliament may, however, confer power on the SC to issue writs for other purposes as well.

3. Appellate Jurisdiction

The SC is the highest court of appeal. Its appellate jurisdiction covers four categories:

(a) Constitutional Matters: Appeal lies if the HC certifies that the case involves a substantial question of law requiring constitutional interpretation.

(b) Civil Matters: Appeal lies if the HC certifies that the case involves a substantial question of law of general importance requiring SC determination. The earlier monetary limit of Rs 20,000 was removed by the 30th Constitutional Amendment Act, 1972.

(c) Criminal Matters: Appeal lies if the HC:

• Reversed acquittal and sentenced the accused to death; or
• Took up a case from a subordinate court and sentenced the accused to death; or
• Certifies the case is fit for appeal.

In the first two scenarios, appeal is a matter of right (no HC certificate needed). Parliament in 1970 extended this to cases involving imprisonment for life or ten years.

(d) Special Leave to Appeal (Article 136): The SC may, in its discretion, grant special leave to appeal from any judgement of any court or tribunal in India, except military courts and court martial.

• It is discretionary, not a right.
• Can be granted against any court or tribunal, not just HCs.
• Covers all matters — civil, criminal, constitutional, revenue, labour, etc.
• Applies to both final and interlocutory judgements.
• The SC has held this power must be exercised sparingly, in truly special or extraordinary situations.

4. Advisory Jurisdiction (Article 143)

The President may seek the SC's opinion on:

• (a) Any question of law or fact of public importance (the SC may or may not tender its opinion).
• (b) Disputes arising out of pre-Constitution treaties (the SC must tender its opinion).

In both cases, the SC's opinion is advisory only — not binding on the President. Up to 2013, the President has made 15 references to the SC under this jurisdiction.

Notable references include: Delhi Laws Act (1951), Kerala Education Bill (1958), Berubari Union (1960), Presidential Election (1974), Special Courts Bill (1978), Rama Janma Bhumi case (1993), Collegium consultation process (1998), 2G spectrum (2012).

5. Court of Record

The SC is a Court of Record, meaning:

• Its judgements, proceedings, and acts are permanently recorded, carry evidentiary value, and serve as binding legal precedents.
• It can punish for contempt of court — imprisonment up to 6 months or fine up to Rs 2,000 or both.
• Since 1991, the SC can punish contempt not only of itself but also of HCs, subordinate courts, and tribunals across India.

Types of Contempt:

• Civil contempt: Wilful disobedience of court orders/writs or breach of undertakings given to court.
• Criminal contempt: Publication or act that scandalises court authority, prejudices judicial proceedings, or obstructs administration of justice.

Exceptions: Innocent publication, fair and accurate reporting of judicial proceedings, and reasonable criticism of the administrative functioning of courts do not constitute contempt.

6. Power of Judicial Review

The SC has the power to examine the constitutionality of legislative enactments and executive orders of both the Centre and states. If found ultra vires (violative of the Constitution), they are declared null and void and cannot be enforced.

7. Other Powers

• Election disputes: Exclusive original and final jurisdiction over disputes relating to the election of the President and Vice-President.
• UPSC inquiry: On a Presidential reference, the SC can inquire into the conduct of the UPSC Chairman/members and recommend removal. This recommendation is binding on the President.
• Review jurisdiction: The SC can review its own judgements (e.g., it departed from its Golaknath (1967) ruling in Kesavananda Bharati (1973)).
• Case transfer: It can withdraw cases from HCs and dispose of them, or transfer cases from one HC to another.
• Binding authority: SC law is binding on all courts in India; its decrees are enforceable throughout the country.
• Ultimate constitutional interpreter: The SC gives final meaning to all constitutional provisions.
• Supervisory jurisdiction: The SC exercises judicial superintendence and control over all courts and tribunals across India.

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Three categories are entitled to practice before the SC:

1. Senior Advocates: Designated by the SC or any HC for their ability, standing, or special expertise. Cannot appear without an Advocate-on-Record in the SC.
2. Advocates-on-Record: The only category entitled to file documents, appearances, or acts for parties before the SC.
3. Other Advocates: Those enrolled with any State Bar Council under the Advocates Act, 1961. They can appear and argue but cannot file documents.

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• Article 124: Establishment of SC; Article 143: Advisory jurisdiction; Article 136: Special Leave; Article 141: Law declared by SC binding on all courts.
• The collegium system is not mentioned in the Constitution — it evolved through judicial interpretation.
• The NJAC was struck down in the Fourth Judges Case (2015) — remember the case name.
• The SC's writ jurisdiction is narrower than that of High Courts (only for Fundamental Rights enforcement).
• The original jurisdiction in federal disputes is exclusive; in fundamental rights matters, it is concurrent with HCs.
• Advisory opinions are not binding on the President.
• No minimum age is prescribed for SC judges; retirement age is 65 years.
• SC expenses are charged to the Consolidated Fund of India — non-votable.
• The special leave power under Article 136 does not extend to military tribunals and courts martial.