Supreme Court of India

1. Constitution & Composition (Art. 124)

1.1 Establishment

• The Supreme Court of India was established on 26 January 1950 (when the Constitution came into force).
• It replaced the Federal Court of India (established 1937 under the Government of India Act, 1935).
• Seat: Delhi (Art. 130) — but the Chief Justice of India may, with the approval of the President, appoint other places where the SC may sit.

1.2 Composition — Strength Over Time

Art. 124(1) provides that there shall be a Supreme Court of India consisting of a Chief Justice of India (CJI) and not more than such number of other judges as Parliament may by law prescribe.

1.3 Constitution Bench

• For cases involving substantial questions of constitutional law — a bench of at least 5 judges (Art. 145(3)).
• For cases under Art. 143 (Advisory Jurisdiction) — also 5+ judges.
• Larger benches (7, 9, 11, 13 judges) for very important constitutional questions — e.g., Kesavananda Bharati (13 judges).

2. Appointment of Judges — Collegium System (Art. 124(2))

2.1 Constitutional Provision

Art. 124(2): Every judge of the SC shall be appointed by the President by warrant under his hand and seal after consultation with such judges of the SC and HCs as the President may deem necessary. In the case of appointment of a judge other than CJI, the CJI shall always be consulted.

2.2 Evolution — Three Judges Cases

The collegium system is extra-constitutional — it evolved through judicial interpretation, not through any constitutional amendment or legislation.

2.3 NJAC — National Judicial Appointments Commission

• 99th Constitutional Amendment Act, 2014 inserted Art. 124A, 124B, 124C — created the NJAC.
• NJAC composition: CJI (Chairperson) + 2 senior-most SC judges + Union Law Minister + 2 eminent persons (selected by committee of PM, CJI, Leader of Opposition).
• Struck down in 2015 (Supreme Court Advocates-on-Record Association v. Union of India) — 4:1 majority held NJAC violates the basic structure doctrine by compromising judicial independence (participation of Law Minister = executive interference).
• Justice J.S. Khehar wrote the majority; Justice Chelameswar dissented (would have upheld NJAC).

2.4 Current Collegium Process

• Collegium of CJI + 4 senior-most SC judges recommends names for SC appointments and HC Chief Justices.
• President may return the recommendation once for reconsideration — but if the collegium reiterates, the President must appoint.
• Memorandum of Procedure (MoP) — governs the process; revision has been pending since 2016 (government and collegium disagreement on criteria).

3. Qualifications & Tenure (Art. 124(3))

3.1 Qualifications to be a SC Judge

A person shall not be qualified for appointment as a judge of the SC unless he/she is:

• A citizen of India, AND
• Has been a judge of an HC (or two or more HCs in succession) for at least 5 years, OR
• Has been an advocate of an HC (or two or more HCs in succession) for at least 10 years, OR
• Is, in the opinion of the President, a distinguished jurist.

3.2 Tenure

• Retirement age: 65 years (HC judges retire at 62).
• No minimum tenure specified — appointed "until further order" subject to retirement age.
• A judge may resign by writing to the President (Art. 124(2)).
• Security of tenure: cannot be removed except by impeachment (Art. 124(4)).

3.3 Oath

Every judge takes an oath before the President (or some person appointed by the President): to bear true faith and allegiance to the Constitution of India, uphold the sovereignty and integrity of India, duly and faithfully perform the duties of the office, and do right to all manner of people without fear or favour, affection or ill-will.

4. Removal of SC Judges — Impeachment (Art. 124(4)–(5))

4.1 Grounds

• Proved misbehaviour, OR
• Incapacity

4.2 Procedure (Judges Enquiry Act, 1968)

1. Notice/motion signed by minimum 100 LS members or 50 RS members.
2. Referred to the Speaker/Chairman, who constitutes a 3-member enquiry committee (SC judge + HC Chief Justice + distinguished jurist).
3. If committee finds proved misbehaviour/incapacity, an address must be passed by each House of Parliament by:
   • A majority of total membership of that House, AND
   • A majority of not less than 2/3 of members present and voting
4. Address presented to President — President issues removal order.

5. Independence of Judiciary — Constitutional Safeguards

6. Jurisdiction of the Supreme Court — Overview

7. Original Jurisdiction (Art. 131)

7.1 Scope

Art. 131 gives the SC exclusive original jurisdiction — meaning ONLY the SC can hear these disputes, and no other court can. This jurisdiction covers disputes between:

• The Government of India vs one or more States
• The Government of India + one or more States vs one or more other States
• Two or more States inter se (between themselves)

Importantly, the dispute must involve a question of law or fact on which the existence or extent of a legal right depends — not a political question.

7.2 What is EXCLUDED from Art. 131

• Disputes arising from pre-Constitution treaties or agreements with princely states.
• Disputes about elections (governed by Election Commission and HC/SC appellate jurisdiction).
• Inter-state river disputes — Parliament can by law (Art. 262) exclude SC from adjudicating; the Inter-State Water Disputes Act 1956 sets up Tribunals, whose decisions are final and cannot be questioned in SC.
• Disputes between private parties and a State government — these go through ordinary civil/writ courts.

8. Writ Jurisdiction (Art. 32) — "Heart and Soul"

8.1 Art. 32 — Right to Constitutional Remedies

Art. 32 gives every person the right to move the Supreme Court for enforcement of Fundamental Rights. This is itself a Fundamental Right under Part III — making it non-derogable (cannot be suspended ordinarily).

8.2 The Five Writs

8.3 Art. 32 vs Art. 226 — A Critical Comparison

9. Appellate Jurisdiction (Arts. 132–134, 136)

9.1 Constitutional Matters (Art. 132)

• Appeal lies to SC from any HC judgment, decree, or final order if the HC certifies under Art. 134A that the case involves a substantial question of law as to the interpretation of the Constitution.
• Applies to civil, criminal, and other proceedings — unlike the civil/criminal-specific Arts. 133 and 134.

9.2 Civil Matters (Art. 133)

• Appeal from HC in civil cases — requires HC certificate that the case involves a substantial question of law of general importance and that question needs to be decided by SC.
• HC must certify under Art. 134A.

9.3 Criminal Matters (Art. 134)

• SC has appellate jurisdiction in criminal cases in the following: where HC has reversed an acquittal and sentenced the person to death; where HC has withdrawn a case from subordinate court and convicted and sentenced to death; where HC certifies it is fit for SC appeal.

9.4 Special Leave Petition — Art. 136 (The Most Important!)

Art. 136 is the widest and most discretionary appellate jurisdiction of the SC — and the most practically important. It allows SC to grant special leave to appeal from:

• Any judgment, decree, determination, sentence, or order
• In any cause or matter
• Passed or made by any court or tribunal in India

Exception: Art. 136 does NOT apply to court-martials (military tribunals under Armed Forces Acts).

10. Advisory Jurisdiction (Art. 143)

10.1 Nature

• Under Art. 143, the President may refer to the SC any question of law or fact of public importance for its opinion.
• SC may report its opinion — but the opinion is NOT binding on the President (unlike the regular judicial decisions under Art. 141).
• SC has the discretion to decline to give an opinion — it need not answer.
• The SC's advisory opinion is NOT a "judgment" and does not create binding precedent under Art. 141.

10.2 Advisory Jurisdiction vs Judicial Review

10.3 Notable Presidential References (Art. 143)

11. Other Constitutional Powers of the Supreme Court

11.1 Art. 139 — Parliament Can Confer Further Jurisdiction

Parliament may by law confer on the SC further original jurisdiction in respect of matters in the Union List. This has been used to extend SC's jurisdiction, e.g., under the Consumer Protection Act (SC can hear certain appeals).

11.2 Art. 139A — Transfer of Cases

• If the same or substantially the same question of law is pending before two or more HCs, or before SC and one or more HCs, the SC may — on its own motion or on application — transfer and consolidate such cases.
• Also allows SC to transfer a case from any HC to itself if it is just and expedient to do so.

11.3 Art. 141 — Binding Precedent

Law declared by the Supreme Court shall be binding on all courts within the territory of India. This makes SC decisions the supreme source of judge-made law — all HCs, district courts, tribunals, and other courts must follow SC precedents.

11.4 Art. 142 — Complete Justice

The SC may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it. Such order shall be enforceable throughout India.

• This is the SC's most extraordinary power — allows it to go beyond existing law to achieve justice.
• Used in: Bhopal Gas Tragedy case (ordered settlement), Taj Mahal pollution case (ordered closure of industries), electoral reforms, ordering elections/investigations, dissolving political parties.
• Described as "the fount of justice" — provides constitutional legitimacy to activist orders.

11.5 Art. 144 — Authorities to Act in Aid of SC

All civil and judicial authorities throughout the territory of India shall act in aid of the Supreme Court. This ensures SC orders are enforceable — no authority can refuse to comply with SC directions.

11.6 Art. 145 — Rules of the SC

The SC may make rules for regulating generally its practice and procedure, with the approval of the President. These include rules about the sitting of benches, conditions of appeals, etc.

12. Court of Record (Art. 129)

12.1 What is a Court of Record?

A Court of Record is a court whose proceedings are recorded for perpetual memory and testimony. Its records are admitted as evidence and are not questioned in any court. The SC's records have evidentiary value and cannot be impeached.

12.2 Contempt of Court

As a Court of Record, the SC can punish for contempt of itself. The Contempt of Courts Act, 1971 governs the law of contempt in India.

13. Supreme Court as Guardian of the Constitution

13.1 Judicial Review

The SC has the power to review legislation and executive actions to examine their constitutional validity. While the Constitution does not explicitly use the term "judicial review," it is implied in Art. 13 (laws inconsistent with FRs are void), Art. 32, Art. 131, Art. 136, and Art. 226.

• Art. 13(1): Pre-Constitutional laws inconsistent with FRs are void to the extent of inconsistency.
• Art. 13(2): State shall not make any law that takes away or abridges FRs — such law shall be void.
• Judicial review extends to both legislative and executive actions — an executive order violating FRs or constitutional provisions is struck down.

13.2 Basic Structure Doctrine

• Evolved from Kesavananda Bharati v. State of Kerala (1973) — 13-judge bench; held Parliament can amend any part of the Constitution but cannot destroy the "basic structure."
• What constitutes basic structure: supremacy of Constitution, democratic republic, secular character, federal character, separation of powers, free and fair elections, judicial review, independence of judiciary, Art. 32, unity and integrity of India, etc.
• The SC acts as the ultimate arbiter of what constitutes basic structure — giving it immense power over constitutional amendments.

13.3 Keeper of Fundamental Rights

• Art. 32 makes SC the principal enforcer of FRs — any person can approach the SC directly when their FRs are violated.
• SC has used Public Interest Litigation (PIL) — a judge-made innovation — to expand access to justice for weaker sections who cannot individually approach court.
• Hussainara Khatoon case (1979) — first PIL; SC suo motu took cognisance of undertrial prisoners' plight.

13.4 Public Interest Litigation (PIL)

• Not mentioned in Constitution — entirely judge-made innovation.
• Allows any public-spirited person (even a third party) to move SC under Art. 32 or HC under Art. 226 for enforcement of rights of disadvantaged groups.
• Relaxes the traditional "locus standi" (standing) requirement — petitioner need not be personally aggrieved.
• Key PIL cases: Bandhua Mukti Morcha (bonded labour), Vishaka v. State of Rajasthan (sexual harassment guidelines), MC Mehta cases (environment), Right to food case (mid-day meal scheme).

14. Key Recent Developments (2022–2025)

14.1 NJAC and Collegium Reform

• NJAC struck down in 2015 — collegium system restored. However, debate about transparency continues.
• SC (2022) directed the government to act on collegium recommendations — government's delayed action on judicial appointments led to public clash between SC and Union government.
• Memorandum of Procedure (MoP) revision remains pending — both government and collegium disagree on the criteria for "national security" veto by government.

14.2 Electoral Bonds Case (2024)

• Association for Democratic Reforms v. Union of India (Feb 2024) — 5-judge Constitution Bench struck down the Electoral Bonds Scheme 2018 unanimously.
• Held: Electoral bonds violated voters' right to information (Art. 19(1)(a)) about political funding; the scheme allowed anonymous corporate donations to ruling parties — violating democracy.
• Directed SBI to hand over bond purchase data to Election Commission; ECI to publish on its website.
• Significant exercise of Art. 32 and Art. 142 powers.

14.3 Article 370 Abrogation Case (Dec 2023)

• SC (5-judge bench) unanimously upheld the abrogation of Art. 370 in August 2019.
• Held: President's power under Art. 370 was not limited by the dissolution of J&K Constituent Assembly; Parliament acting as J&K legislature was valid; Art. 370 was a temporary provision.
• Directed: Elections in J&K to be held by September 2024; statehood to be restored.

14.4 Maharashtra Political Crisis — Subhash Desai v. Principal Secretary (2023)

• SC (5-judge Constitution Bench) examined the Uddhav Thackeray vs Eknath Shinde factions.
• Held: Governor's action in directing floor test was wrong; disqualification petitions should be decided by Speaker; SC referred the Speaker's inaction to the Speaker to decide.
• Important for anti-defection law (10th Schedule) and role of Speaker.

14.5 PMLA Provisions — Vijay Madanlal Choudhary (2022)

• SC upheld the wide powers of the ED under the Prevention of Money Laundering Act (PMLA) — arrest without copy of ECIR (Enforcement Case Information Report), reverse burden of proof, bail conditions.
• Controversial — critics said SC upheld provisions that depart from ordinary criminal law principles.

15. Prelims PYQs

16. Mains PYQs

17. 15-Minute Revision Box