Master10
Indian Polity & Constitution Module

Indian Judiciary & The Supreme Court

India features a unified, integrated judicial hierarchy with the Supreme Court of India at its apex, established under Article 124 in New Delhi. The judiciary operates independently of the executive and legislative branches. The Supreme Court exercises three primary jurisdictions: original jurisdiction over federal disputes (Article 131), appellate jurisdiction over constitutional, civil, and criminal rulings (Articles 132–134), and advisory jurisdiction on presidential reference (Article 143). Through judicial review and Public Interest Litigation (PIL) pioneered by Justices P.N. Bhagwati and V.R. Krishna Iyer, the court functions as the ultimate guardian of the Constitution and fundamental rights, interpreting statutory laws and executive decisions against constitutional parameters.

Key Concepts & Examination Highlights

  • The Supreme Court was inaugurated on January 28, 1950, succeeding the Federal Court of India established under the Government of India Act 1935.
  • Under Article 143, the President of India may seek the advisory opinion of the Supreme Court on questions of law or public importance.
  • High Court judges and Supreme Court judges are appointed by the President through the judicial Collegium system.
  • Under Article 226, High Courts possess writ jurisdiction that is wider in scope than Article 32, extending to fundamental and legal rights.
  • Article 129 establishes the Supreme Court as a 'Court of Record' with inherent powers to punish for contempt of itself.
  • Under Article 131, the Supreme Court possesses exclusive original jurisdiction to adjudicate legal disputes between the Centre and one or more States, or between two or more States.
  • The retirement age of a Supreme Court judge is 65 years under Article 124(2), whereas a High Court judge retires at 62 years under Article 217(1).
  • The Collegium system for judicial appointments was established through the Second Judges Case (1993) and refined in the Third Judges Case (1998).
  • Under Article 136, the Supreme Court has discretionary power to grant Special Leave to Appeal (SLP) against any judgment, decree, or order from any court or tribunal in India.
  • The National Judicial Appointments Commission (NJAC) Act and the 99th Constitutional Amendment Act 2014 were struck down as unconstitutional by the Supreme Court in the Fourth Judges Case (2015).
  • The concept of Public Interest Litigation (PIL) was institutionalized in India under Chief Justice P.N. Bhagwati and Justice V.R. Krishna Iyer during the late 1970s and early 1980s.
  • H.J. Kania served as the first Chief Justice of independent India upon the inauguration of the Supreme Court in January 1950.
  • Justice Fathima Beevi was appointed in 1989 as the first female judge of the Supreme Court of India.
  • The National Judicial Appointments Commission (NJAC) Act and the 99th Constitutional Amendment Act, 2014, were struck down by the Supreme Court in 2015 as violative of judicial independence.
  • Article 137 empowers the Supreme Court to review any judgment pronounced or order made by it, leading to the curative petition mechanism established in the Rupa Ashok Hurra case (2002).
  • The concept of Public Interest Litigation (PIL) was pioneered in India during the late 1970s and 1980s by Justice P.N. Bhagwati and Justice V.R. Krishna Iyer.
  • The Hussainara Khatoon case (1979) was the first reported PIL in India, leading to the release of over 40,000 undertrial prisoners.
  • Article 139A empowers the Supreme Court to transfer cases involving substantial questions of general public importance from High Courts to itself or between High Courts.
  • The salaries, allowances, and pensions of Supreme Court judges are charged upon the Consolidated Fund of India and cannot be altered to their disadvantage except during a Financial Emergency (Article 360).
  • A judge of the Supreme Court must be an Indian citizen and have served at least 5 years as a High Court judge, or 10 years as an advocate in a High Court, or be a distinguished jurist in the President's opinion.
  • Article 130 states that the Supreme Court shall sit in Delhi or in such other place or places as the Chief Justice of India may appoint with the approval of the President.
  • The Supreme Court holds appellate jurisdiction in constitutional, civil, and criminal matters under Articles 132, 133, and 134 respectively.
  • The Supreme Court's e-Courts Integrated Mission Mode Project and Fast and Secured Transmission of Electronic Records (FASTER) system ensure swift digital delivery of judicial orders.
  • The live streaming of Supreme Court Constitution Bench proceedings was officially initiated in September 2022 following the Swapnil Tripathi judgment (2018).
  • The Supreme Court has the authority to issue prerogative writs—Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari—under Article 32 for the enforcement of Fundamental Rights.
  • Article 124(1) establishes the Supreme Court of India, which currently comprises the Chief Justice of India and up to 33 other judges as expanded by the Supreme Court (Number of Judges) Amendment Act, 2019.
  • Supreme Court judges are appointed by the President under Article 124(2) and hold office until they attain the age of 65 years.
  • The Second Judges Case (1993) and Third Judges Case (1998) established the Collegium System, consisting of the CJI and four senior-most judges for Supreme Court appointments.
  • In 2015, the Supreme Court struck down the National Judicial Appointments Commission (NJAC) Act and the 99th Constitutional Amendment in the Fourth Judges Case to protect judicial independence.
  • A judge of the Supreme Court can be removed from office under Article 124(4) only by presidential order passed after an address by each House of Parliament supported by a special majority on grounds of proved misbehavior or incapacity.
  • The Judges (Inquiry) Act, 1968, regulates the procedure for the investigation and proof of misbehavior or incapacity of a Supreme Court or High Court judge.
  • Article 131 confers Exclusive Original Jurisdiction upon the Supreme Court for federal disputes between the Government of India and one or more States, or between States.
  • Appellate Jurisdiction of the Supreme Court extends to constitutional, civil, and criminal matters under Articles 132, 133, and 134 respectively.
  • Article 136 empowers the Supreme Court to grant Special Leave to Appeal (SLP) from any judgment, decree, sentence, or order in any cause or matter passed by any court or tribunal in India.
  • Article 143 authorizes the President to seek Advisory Opinion from the Supreme Court on questions of law or fact of public importance.
  • The Supreme Court is a Court of Record under Article 129, with power to punish for contempt of itself, and its records have evidentiary value.
  • Article 141 establishes that the law declared by the Supreme Court shall be binding on all courts within the territory of India.
  • Article 142 empowers the Supreme Court to pass any order necessary for doing 'complete justice' in any cause or matter pending before it.
  • Justice P.N. Bhagwati and Justice V.R. Krishna Iyer pioneered Public Interest Litigation (PIL) in India in the late 1970s by relaxing the traditional rule of locus standi.
  • The Hussainara Khatoon v. Home Secretary, State of Bihar case (1979) is recognized as the first PIL case in India, leading to the release of thousands of undertrial prisoners.
  • In S.P. Gupta v. Union of India (1981), known as the First Judges Case, the Supreme Court formally institutionalized the concept of Public Interest Litigation.
  • The Chief Justice of India and Supreme Court judges take their oath before the President according to the form set out in the Third Schedule.
  • Salaries and allowances of Supreme Court judges are charged upon the Consolidated Fund of India under Article 112(3)(d) and cannot be altered to their disadvantage except during a Financial Emergency.
  • Under Article 130, the Supreme Court sits in New Delhi, but the CJI can appoint other places as seats of the Supreme Court with the approval of the President.
  • Article 137 grants the Supreme Court the power to review any judgment pronounced or order made by it.
  • A Curative Petition, evolved in Rupa Ashok Hurra v. Ashok Hurra (2002), is the final judicial remedy available after the dismissal of a review petition.
  • Justice Fathima Beevi became the first female judge of the Supreme Court of India in 1989.
  • Justice H.J. Kania served as the first Chief Justice of independent India from January 26, 1950, until his death in 1951.
  • The Supreme Court of India was inaugurated on January 28, 1950, succeeding both the Federal Court of India and the Judicial Committee of the Privy Council.
  • Under the e-Courts Integrated Mission Mode Project, the Supreme Court introduced live streaming of Constitution Bench hearings in September 2022 following the Swapnil Tripathi ruling (2018).
Curriculum & Reference Sources: Constitution of India (Part V Chapter IV), Supreme Court of India Annual Reports, Durga Das Basu's 'Introduction to the Constitution of India'.

Sample Solved Questions & Concept Explanations

8 Verified Concept Questions
Q1.EASY

Which organ of the state has the power to interpret the Constitution and adjudicate disputes?

Q2.EASY

What is the retirement age of a Supreme Court Judge in India?

Q3.MEDIUM

The power of judicial review in India is primarily grounded in which Articles?

Q4.MEDIUM

Which High Court exercises jurisdiction over the Union Territory of Andaman and Nicobar Islands?

Q5.HARD

The historic 'Basic Structure Doctrine' limiting Parliament's amending power was established in which landmark Supreme Court judgment?

Q6.HARD

Under which Article can a High Court issue prerogative writs for the enforcement of Fundamental Rights and other legal rights?

Q7.HARD

Under Article 143, who has the authority to seek the advisory opinion of the Supreme Court on questions of public importance?

Q8.EASY

Under which Article of the Constitution can the President of India seek the advisory opinion of the Supreme Court on a question of law or fact?