Supreme Court of India

Subject: Polity | Unit: Union Government | Topic: Supreme Court Exam: AP Group 2 (APPSC) Prerequisites: Parliament, President and Vice President

Introduction

The Supreme Court of India is the apex court of the judicial system, serving as the guardian of the Constitution and the final court of appeal. With its powers of judicial review, original jurisdiction in federal disputes, and the ability to issue writs under Article 32, the SC plays a pivotal role in protecting fundamental rights and maintaining the constitutional framework.

Historical Context / Constitutional Background

India's integrated judicial system (SC → HC → Subordinate Courts) was modelled to enforce both Central and State laws, unlike the USA's dual judiciary. The SC was inaugurated on 28 January 1950 with the original strength of CJI + 7 judges. The Collegium system for judicial appointments evolved through three landmark cases (1981, 1993, 1998), establishing judicial primacy over executive discretion.

Core Content

Composition (Article 124)

• Article 124(1): SC consists of a CJI and such other judges as Parliament prescribes
• Original strength: CJI + 7; Current sanctioned strength: 34 (CJI + 33 judges)
• Article 130: SC sits in Delhi or such other place as CJI may appoint with President's approval

Appointment of Judges (Article 124)

• Judges appointed by the President after consultation with CJI and other judges
• In practice, the Collegium System governs appointments (not in Constitution — evolved judicially)

Qualifications (Article 124(3))

• Must be a citizen of India
• HC Judge for at least 5 years, OR HC Advocate for at least 10 years, OR distinguished jurist in President's opinion
• No minimum age prescribed; no specific educational qualifications

Tenure and Removal

• Judges hold office until age 65 years
• Removal (Art 124(4)): By President after address by each House with special majority (majority of total membership AND 2/3 of members present and voting)
• Grounds: proved misbehaviour or incapacity
• No SC judge has ever been removed by impeachment

Independence Safeguards

• Salaries cannot be varied to disadvantage after appointment (except during financial emergency)
• Expenses charged on Consolidated Fund of India (non-votable)
• Conduct cannot be discussed in Parliament except during impeachment
• Banned from practice after retirement (convention)

Jurisdiction

Original Jurisdiction (Article 131)

• Exclusive jurisdiction in disputes between: Centre vs State(s), State vs State
• Dispute must involve a legal right question

Writ Jurisdiction (Article 32)

• Right to move SC for enforcement of Fundamental Rights — itself a FR
• Five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto
• Dr. Ambedkar called Article 32 the "heart and soul of the Constitution"

Appellate Jurisdiction

• Constitutional matters (Art 132): HC certifies substantial question of constitutional law
• Civil matters (Art 133): HC certifies substantial question of law of general importance
• Criminal matters (Art 134): Appeals as of right in death sentence cases
• Special Leave to Appeal (Art 136): SC may grant leave from any court or tribunal — broadest appellate power

Advisory Jurisdiction (Article 143)

• President may refer questions of law/fact of public importance for SC's opinion
• SC may report its opinion — not bound to answer

Review Jurisdiction (Article 137)

• SC may review its own judgments or orders

Special Powers

• Article 141: Law declared by SC is binding on all courts in India
• Article 142: SC may pass any order for "doing complete justice" — extraordinarily wide power
• Article 139A: SC can transfer cases from one HC to another
• Article 144: All authorities shall act in aid of SC

Court of Record (Article 129)

• Records admitted as evidence and cannot be questioned
• Power to punish for contempt

Judicial Review

• SC can declare laws/executive actions unconstitutional
• Kesavananda Bharati (1973): Established Basic Structure Doctrine

Public Interest Litigation (PIL)

• Not in Constitution — judicial innovation from late 1970s-80s
• Liberalized locus standi — any public-spirited person can file petition
• Pioneered by Justices P.N. Bhagwati and V.R. Krishna Iyer

Key Articles Table

Andhra Pradesh Connection

• Appeals from AP High Court at Amaravati lie to the Supreme Court
• Several AP-related cases have shaped constitutional law (S.R. Bommai on President's Rule)
• NJAC verdict affects appointment processes analogous to APPSC
• SC rulings on Article 371D directly impact AP governance

Key Points Summary

1. SC: CJI + 33 judges (current sanctioned strength: 34)
2. SC sits in Delhi (Art 130); can sit elsewhere with CJI + President approval
3. Collegium: CJI + 4 senior judges (Third Judges Case, 1998)
4. NJAC struck down in 2015 — Collegium continues
5. Qualifications: 5 years HC judge OR 10 years HC advocate OR distinguished jurist
6. Retirement: 65 years; removal by special majority of both Houses
7. No SC judge ever removed by impeachment
8. Art 32: Writ jurisdiction for FR (heart and soul of Constitution)
9. Art 131: Original jurisdiction in federal disputes
10. Art 136: Special Leave to Appeal — broadest appellate power
11. Art 141: SC law binding on all courts in India
12. Art 142: Power to do "complete justice"
13. Art 143: Advisory jurisdiction on Presidential reference
14. Kesavananda Bharati (1973): Basic Structure Doctrine
15. PIL: Judicial innovation; liberalized locus standi

Exam Strategy

Key Terms Glossary