Polity · Central Government
A comprehensive study of the Supreme Court of India covering its organisation, composition, appointment and removal of judges, independence safeguards, jurisdiction and powers, and comparison with the American Supreme Court.
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.
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:
All Supreme Court judges are appointed by the President of India.
The meaning of 'consultation' has evolved through landmark judicial pronouncements:
| Case | Year | Ruling |
|---|---|---|
| First Judges Case | 1982 | 'Consultation' = exchange of views, not concurrence. Executive retained primacy. |
| Second Judges Case | 1993 | 'Consultation' reinterpreted as 'concurrence'. CJI's advice made binding on the President. CJI to consult two seniormost colleagues. |
| Third Judges Case | 1998 | CJI must consult a collegium of four seniormost judges. If two give adverse opinion, recommendation must not be forwarded. Sole opinion of CJI not sufficient. |
| Fourth Judges Case | 2015 | NJAC and 99th Amendment struck down as unconstitutional. Collegium system restored. |
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.
Convention from 1950–1973 was to appoint the seniormost judge of the Supreme Court as CJI. This was violated twice:
The Second Judges Case (1993) judicially settled this: only the seniormost judge of the Supreme Court shall be appointed as CJI.
A Supreme Court judge must:
Note: The Constitution prescribes no minimum age for appointment.
Before assuming office, a judge takes an oath before the President (or a designated person) to:
The Constitution does not fix a specific tenure but provides:
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:
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.
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.
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.
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.
The Constitution incorporates multiple safeguards to preserve judicial independence:
As a federal court, the SC has exclusive original jurisdiction to decide disputes between:
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:
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.
The SC is empowered to issue five writs — habeas corpus, mandamus, prohibition, quo warranto, and certiorari — to enforce Fundamental Rights.
Key distinctions:
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:
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.
The President may seek the SC's opinion on:
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).
The SC is a Court of Record, meaning:
Types of Contempt:
Exceptions: Innocent publication, fair and accurate reporting of judicial proceedings, and reasonable criticism of the administrative functioning of courts do not constitute contempt.
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.
Three categories are entitled to practice before the SC:
| Feature | Indian SC | American SC |
|---|---|---|
| Original Jurisdiction | Limited to federal disputes | Covers federal, naval, maritime, ambassadorial cases |
| Appellate Jurisdiction | Constitutional, civil, criminal | Constitutional cases only |
| Special Leave | Plenary discretionary power | No equivalent power |
| Advisory Jurisdiction | Yes (Article 143) | No |
| Judicial Review | Limited scope | Very wide scope |
| Rights Standard | Procedure established by law | Due process of law |
| Jurisdictional Expansion | Parliament can expand | Fixed by Constitution |
| Supervisory Role | Yes, over all courts (integrated system) | No (dual system) |
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This chapter covers Concept: Unified Judicial System, Organisation of the Supreme Court, Appointment of Judges, Qualifications, Oath, Tenure, and Removal, Salaries and Service Conditions. It is organized as revision-ready notes followed by a linked practice quiz.
For The Final Arbiter: Composition, Jurisdiction, and Landmark Powers of India's Supreme Court, focus on definitions, dates, places, institutions, distinguishing features, and factual comparisons in the chapter. Then use the quiz to check recall and identify gaps.
Use the The Final Arbiter: Composition, Jurisdiction, and Landmark Powers of India's Supreme Court chapter headings to organize an answer framework. Connect causes, consequences, comparisons, examples, and evidence wherever the notes provide them instead of memorizing isolated facts.