The Supreme Court
The Supreme Court (Part V, Chapter IV, Arts 124 to 147) is the highest court and the guardian of the Constitution. It succeeded the Federal Court (1937) and was inaugurated on 28 January 1950. It sits in Delhi.
Composition and appointment
- Chief Justice of India plus 33 other judges (34 in all, since 2019).
- Judges are appointed by the President, in practice through the Collegium system: the CJI and the four senior-most judges.
- Three Judges Cases: S.P. Gupta (1981, executive primacy), Supreme Court Advocates-on-Record Association (1993, collegium born, CJI primacy), and the Third Judges Case (1998, collegium of five).
- The 99th Amendment and the NJAC to replace the collegium were struck down in 2015.
- Qualifications: Indian citizen and either a High Court judge for 5 years, or an advocate of a High Court for 10 years, or a distinguished jurist in the President's opinion.
- Retirement at 65 years. A retired judge cannot practise in any court in India.
Removal (Art 124(4))
On the ground of proved misbehaviour or incapacity. An address passed by each House by a majority of total membership and two-thirds of those present and voting, under the Judges (Inquiry) Act, 1968. No judge has ever been removed.
Jurisdiction
| Type | Article | Meaning |
|---|---|---|
| Original | 131 | Exclusive: disputes between the Centre and States, or between States. |
| Writ | 32 | To enforce Fundamental Rights. Concurrent with High Courts. |
| Appellate | 132 to 134, 136 | Appeals from High Courts. Art 136 is the special leave petition (SLP). |
| Advisory | 143 | The President can seek its opinion. The opinion is not binding. |
| Review | 137 | Of its own judgments. |
| Curative petition | A last remedy (Rupa Ashok Hurra, 2002). | |
| Record court | 129 | Can punish for contempt. |
| Complete justice | 142 | Orders necessary for complete justice in any case. |
| Binding law | 141 | Law declared by it binds all courts. |
Public Interest Litigation
Any public-spirited person can approach the Court on behalf of those who cannot. It began in the late 1970s (Hussainara Khatoon, 1979, about undertrial prisoners) with Justices P.N. Bhagwati and V.R. Krishna Iyer. The Court also accepts letters as petitions ("epistolary jurisdiction").
Other courts and justice delivery
- Lok Adalats: under the Legal Services Authorities Act, 1987.
- Gram Nyayalayas: Act of 2008.
- Tribunals: Arts 323A and 323B (42nd Amendment). In L. Chandra Kumar (1997), tribunal decisions were made subject to High Court review.
Keep practising
Notes are only half the work. Test yourself with questions and discuss doubts with other aspirants.
Prepared for exam revision from the Constitution of India and standard sources. Office-holders and recent developments change, so check official sources before relying on them. Found a mistake? Tell us.