Table of Contents

1. Constitutional Basis
2. Composition and Strength
3. Appointment of Judges
4. Qualifications
5. Oath and Tenure
6. Jurisdiction of the Supreme Court
   • Original Jurisdiction
   • Appellate Jurisdiction
   • Advisory Jurisdiction
   • Writ Jurisdiction
   • Review Jurisdiction
   • Curative Petition
7. Powers and Functions
8. Independence of Judiciary
9. Removal of Judges (Impeachment)
10. Integrated Judicial System
11. Articles Related to Supreme Court
12. Important Doctrines Evolved by SC
13. Landmark Judgments
14. Summary

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1. Constitutional Basis

The Supreme Court of India is established under:

• Article 124 – Establishment & composition
• Article 131–147 – Jurisdiction and powers
• Part V, Chapter IV of the Constitution

It is the apex court, guardian of the Constitution, and final interpreter of law.

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2. Composition and Strength

Present Strength:

• 1 Chief Justice of India (CJI)
• 33 other Judges
  (Total = 34 judges)
  Maximum strength was increased by the Supreme Court (Number of Judges) Amendment Act.

Benches:

• Constitution Bench – Minimum 5 judges (Art. 145)
• Divisional Bench – Usually 2–3 judges
• Full Bench – All judges (rare)

The CJI may constitute larger benches in Constitutional matters.

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3. Appointment of Judges

Who appoints?

• Judges are appointed by the President.

Method: The Collegium System (Judicially created)

Consists of:

• CJI + 4 senior-most SC judges

For High Court judges →
CJI + 2 senior-most judges + concerned HC collegium inputs.

Procedure:

• Collegium recommends names
• Law Ministry processes
• President appoints

If the government returns a name and the collegium reiterates, the appointment becomes mandatory.

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4. Qualifications (Art. 124(3))

To become a Supreme Court judge:

1. Citizen of India
2. Either:
   • Judge of a High Court for 5 years, or
   • Advocate of High Court for 10 years, or
   • Distinguished jurist (rarely used)

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5. Oath and Tenure

Oath

Administered by the President:

• Uphold Constitution
• Perform duties without fear or favor

Tenure

• Hold office until age 65
• Can resign to the President
• Can be removed by impeachment only

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6. Jurisdiction of the Supreme Court

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A. Original Jurisdiction (Art. 131)

Exclusive authority to decide disputes between:

1. Government of India vs one or more states
2. State vs state
3. Centre & States on legal rights

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B. Appellate Jurisdiction (Art. 132–134A)

SC is the highest appellate court.

Appeals in:

1. Constitutional cases
2. Civil cases
3. Criminal cases
4. Special Leave Petition (SLP) – Art. 136
   • SC can hear any case from any court/tribunal (except armed forces tribunals)

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C. Advisory Jurisdiction (Art. 143)

• President may seek SC’s advice on:
  • Questions of law
  • Matters of public importance
• SC’s advice is not binding.

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D. Writ Jurisdiction (Art. 32)

Called the “Heart and Soul of the Constitution” (Dr. Ambedkar).

SC can issue five writs:

1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo Warranto

This protects Fundamental Rights.

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E. Judicial Review (Art. 13, 32, 136, 142, 147)

SC can review any law, order, ordinance, or constitutional amendment.

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F. Review Jurisdiction (Art. 137)

SC may review its own judgments for errors apparent.

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G. Curative Petition

Created in Rupa Ashok Hurra (2002).
Filed after review petition is rejected → used rarely to prevent miscarriage of justice.

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7. Powers and Functions

1. Interpreter of the Constitution

Final authority on constitutional matters.

2. Protector of Fundamental Rights

Art. 32 provides direct access to the Supreme Court.

3. Guardian of the Constitution

Strikes down unconstitutional laws via judicial review.

4. Court of Record (Art. 129 & 142)

• Judgments are evidentiary
• Can punish for contempt of court

5. Supervisory Authority

Controls and guides all lower courts.

6. Advisory role to President

Through Art. 143.

7. Ensuring Complete Justice (Art. 142)

SC may pass any order necessary to ensure “complete justice.”

8. Constitutional Amendments Review

SC may declare amendments invalid if they violate the Basic Structure Doctrine.

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8. Independence of Judiciary

Constitution ensures independence through:

• Security of tenure
• Salaries charged on Consolidated Fund of India
• Removal only by impeachment
• Prohibition on practice after retirement (no further law practice)
• Power to punish for contempt
• No discussion of judges’ conduct in Parliament (Art. 121)

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9. Removal of Judges (Impeachment) – Art. 124(4)

Grounds:

1. Proved misbehavior
2. Incapacity

Procedure:

• Motion signed by MPs
• Investigated by a committee
• Requires special majority in both Houses
• President orders removal

No SC judge has been successfully impeached to date.

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10. Integrated Judicial System

India follows a single integrated judicial hierarchy:

Supreme Court
↓
High Courts
↓
District Courts
↓
Subordinate Courts

SC is the apex appellate authority.

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11. Articles Related to Supreme Court

Article	Provision
124	Establishment & appointment of judges
125	Salaries & allowances
126	Acting Chief Justice
127	Ad hoc judges
128	Retired judges can sit temporarily
129	SC is a Court of Record
131	Original jurisdiction
132–134	Appellate jurisdiction
136	Special Leave Petition
137	Review power
141	Law declared by SC binding
142	Power to do complete justice
143	Advisory jurisdiction
145	Rules of procedure

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12. Important Doctrines Evolved by SC

1. Basic Structure Doctrine – Kesavananda Bharati (1973)
2. Doctrine of Severability – Art. 13
3. Doctrine of Eclipse
4. Doctrine of Pith and Substance
5. Doctrine of Colourable Legislation
6. Doctrine of Harmonious Construction
7. Doctrine of Prospective Overruling – Golaknath Case

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13. Landmark Judgments

1. Kesavananda Bharati v. State of Kerala (1973) – Basic Structure
2. Maneka Gandhi v. Union of India (1978) – Expanded Article 21
3. Minerva Mills (1980) – Limited Parliament’s amending power
4. S. R. Bommai (1994) – Federalism strengthened
5. Vishaka v. State of Rajasthan (1997) – Guidelines on sexual harassment
6. Navtej Johar (2018) – Section 377 partially struck down
7. Puttaswamy (2017) – Right to Privacy = Fundamental Right

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14. Summary

The Supreme Court of India, established under Article 124, is the apex judicial authority, guardian of the Constitution, and the protector of Fundamental Rights.
It performs essential functions such as judicial review, resolving Centre–State disputes, interpreting the Constitution, and ensuring complete justice under Article 142.

With original, appellate, advisory, and writ jurisdiction, the Supreme Court acts as the final court of appeal and cornerstone of India’s democratic and constitutional framework.