UPSC CSE & STATE PCS • INDIAN POLITY • JUDICIARY

Supreme Court of India

A comprehensive self-learning guide to the composition, appointments, independence, jurisdiction, writs, judicial review, landmark judgments and contemporary issues concerning India’s highest court.

Concepts • Constitutional Articles • Interactive Knowledge Checks • Case Studies • 25 Prelims MCQs • Mains Practice

Lesson 01

Introduction: India’s Apex Court

The Supreme Court of India is the highest judicial institution in the country. It protects the Constitution, enforces Fundamental Rights, resolves specified federal disputes and acts as the final court of appeal.

It was inaugurated on 28 January 1950.

Historical Background

  • The Federal Court of India was established in 1937 under the Government of India Act, 1935.
  • The Judicial Committee of the Privy Council had served as a major final appellate authority.
  • The Supreme Court succeeded the Federal Court under the Constitution of India.

Integrated Judicial System

India has a single integrated judicial hierarchy that administers Union and State laws.

Supreme Court ↓ High Courts ↓ Subordinate Courts
Constitutional Guardian Enforces constitutional limitations.
Protector of Rights Enforces Fundamental Rights under Article 32.
Federal Court Adjudicates specified disputes under Article 131.
Final Appellate Court Exercises constitutional and statutory appellate powers.

Knowledge Check 1. When was the Supreme Court of India inaugurated?

Correct Answer: C. The Supreme Court was inaugurated on 28 January 1950, two days after the Constitution came into force.
Lesson 02 • Articles 124–147

Constitutional Position and Composition

Part V, Chapter IV of the Constitution contains provisions relating to the Supreme Court, principally Articles 124–147.

Composition under Article 124

The Supreme Court consists of the Chief Justice of India and such number of other judges as Parliament prescribes by law.

The Court originally had eight judges, including the Chief Justice. Its sanctioned strength was subsequently increased.

Important: The established statutory strength is 34 judges, including the Chief Justice and 33 other judges. Any proposed increase must be distinguished from a change actually enacted and brought into force.

Seat of the Court

Under Article 130, the Court sits in Delhi or at another place appointed by the Chief Justice of India with the President’s approval.

Important Articles

ArticleSubject
124Establishment and constitution
125Salaries and conditions of judges
126Acting Chief Justice
127Ad hoc judges
128Attendance of retired judges
129Court of Record
130Seat of the Supreme Court
131Original jurisdiction
132–134Appeals
136Special leave to appeal
137Review jurisdiction
139ATransfer of certain cases
141Binding precedent
142Complete justice
143Advisory jurisdiction
144Authorities to aid the Court
145Court rules and Constitution Benches

Knowledge Check 2. Which Article establishes the Supreme Court?

Correct Answer: B. Article 124 establishes the Supreme Court and governs its constitutional composition.
Lesson 03

Appointment of Supreme Court Judges

Judges are formally appointed by the President of India under Article 124.

The constitutional text provides for consultation, while judicial decisions have developed the collegium-based process.

Evolution of the Collegium

First Judges Case — 1981 S. P. Gupta v. Union of India. Consultation was not treated as equivalent to judicial concurrence.
Second Judges Case — 1993 Supreme Court Advocates-on-Record Association v. Union of India. Judicial primacy was recognised.
Third Judges Case — 1998 The Presidential Reference clarified the requirement of plurality of senior judges.
Fourth Judges Case — 2015 The Supreme Court invalidated the NJAC framework and the 99th Constitutional Amendment.

Supreme Court Collegium

For appointments to the Supreme Court, the collegium comprises the Chief Justice of India and the four senior-most judges of the Supreme Court.

Appointment of Chief Justice

The established convention is to appoint the senior-most eligible judge as Chief Justice of India through the constitutional process.

UPSC Trap: The collegium is not expressly established by a constitutional article. It evolved through judicial decisions.

Knowledge Check 3. Who formally appoints Supreme Court judges?

Correct Answer: C. The President formally appoints Supreme Court judges.

Knowledge Check 4. Which case invalidated the NJAC framework?

Correct Answer: B. The 2015 decision invalidated the NJAC framework.
Lesson 04

Qualifications, Oath and Conditions of Service

Qualifications — Article 124(3)

A candidate must be an Indian citizen and meet at least one of these conditions:

  1. At least five years as a judge of a High Court or successive High Courts.
  2. At least ten years as an advocate of a High Court or successive High Courts.
  3. A distinguished jurist in the President’s opinion.
Remember: No minimum appointment age is specified in the Constitution.

Oath

The judge swears to bear true faith and allegiance to the Constitution, uphold India’s sovereignty and integrity, and discharge judicial duties without fear, favour, affection or ill-will.

Tenure

  • Retirement age: 65 years.
  • Resignation is addressed to the President.
  • Judges do not serve at the pleasure of the executive.

Post-Retirement Restriction

A retired Supreme Court judge cannot plead or act before any court or authority within the territory of India.

Knowledge Check 5. At what age does a Supreme Court judge retire?

Correct Answer: C. Supreme Court judges retire at 65; High Court judges retire at 62.

Knowledge Check 6. Which is a constitutional qualification for appointment to the Supreme Court?

Correct Answer: B. Ten years as a High Court advocate is one of the alternative qualifications.
Lesson 05

Removal of Supreme Court Judges

Article 124(4) permits removal only on the grounds of:

  • Proved misbehaviour
  • Incapacity

Required Special Majority

Each House of Parliament must pass the address by both:

  1. A majority of the total membership of that House; and
  2. At least two-thirds of members present and voting.

Procedure

Step 1 — Notice 100 Lok Sabha members or 50 Rajya Sabha members may initiate the motion.
Step 2 — Admission The Speaker or Chairman decides whether to admit the motion.
Step 3 — Investigation A three-member committee investigates the allegations.
Step 4 — Parliamentary Address The Houses consider the motion under the prescribed constitutional procedure.
Step 5 — Presidential Order The President issues the removal order following the required address.

Inquiry Committee

  • A Supreme Court judge or the Chief Justice of India.
  • A Chief Justice of a High Court.
  • A distinguished jurist.
Terminology: “Impeachment” is often used informally, but the constitutional process concerns removal following a Parliamentary address.

Knowledge Check 7. What are the constitutional grounds for removal?

Correct Answer: B. Article 124(4) specifies these grounds.

Knowledge Check 8. Who issues the final removal order?

Correct Answer: C. The President issues the order after the prescribed process.
Lesson 06

Independence of the Supreme Court

Judicial independence ensures that courts decide cases according to the Constitution and law without improper political or institutional pressure.

Security of Tenure Removal requires a special process.
Service Protection Constitutionally protected conditions.
Financial Safeguards Specified expenditure charged on the Consolidated Fund of India.
Institutional Autonomy Administrative and procedural powers.
Contempt Power Article 129 protects judicial authority.
Constitutional Jurisdiction Independent enforcement of the Constitution.

Article 121

Parliamentary discussion of the conduct of Supreme Court and High Court judges in the discharge of their duties is restricted, except in connection with the specified removal procedure.

Mains Perspective: Judicial independence and judicial accountability are complementary, not mutually exclusive.

Knowledge Check 9. Which provision helps prevent ordinary executive removal of judges?

Correct Answer: A. Judges have security of tenure and cannot be removed by an ordinary executive decision.
Lesson 07

Jurisdiction and Powers

Jurisdiction is the legal authority of a court to hear and decide cases.

TypeArticleFunction
Original131Specified federal disputes
Writ32Fundamental Rights
Appellate132–134Constitutional, civil and criminal appeals
Special Leave136Discretionary appeals
Advisory143Presidential references
Review137Review of judgments
Complete Justice142Necessary orders in pending matters

Original Jurisdiction — Article 131

The Supreme Court has exclusive original jurisdiction over qualifying disputes:

  • Between the Union and one or more States.
  • Between the Union and States on one side and other States on the other.
  • Between two or more States.

The dispute must involve a question of law or fact on which the existence or extent of a legal right depends.

UPSC Trap: Not every political disagreement between governments qualifies under Article 131.

Knowledge Check 10. Which Article provides exclusive original jurisdiction over specified federal disputes?

Correct Answer: B. Article 131 concerns specified federal disputes involving legal rights.
Lesson 08 • Article 32

Writ Jurisdiction and Fundamental Rights

Article 32 guarantees the right to move the Supreme Court for enforcement of Fundamental Rights.

The Five Writs

Habeas Corpus Protects against unlawful detention. Requires production of a detained person for examination of legality.
Mandamus Directs a public authority to perform a public duty unlawfully neglected.
Prohibition Prevents an inferior court or tribunal from proceeding beyond jurisdiction.
Certiorari Quashes an order of an inferior court or tribunal on recognised legal grounds.
Quo Warranto Challenges a person’s legal entitlement to hold a public office.

Article 32 vs Article 226

FeatureArticle 32Article 226
CourtSupreme CourtHigh Courts
ScopeFundamental RightsFundamental Rights and other purposes
StatusItself a Fundamental RightConstitutional power
Subject-matterNarrowerWider

Knowledge Check 11. Which writ primarily addresses unlawful detention?

Correct Answer: B. Habeas Corpus protects personal liberty against unlawful detention.

Knowledge Check 12. Which statement is correct?

Correct Answer: C. Article 226 permits writs for Fundamental Rights and other purposes.
Lesson 09

Appellate and Special Leave Jurisdiction

Article 132 — Constitutional Appeals

Provides for appeals involving substantial questions of law concerning interpretation of the Constitution, subject to applicable certification requirements.

Article 133 — Civil Appeals

Concerns certified civil appeals involving substantial questions of law of general importance requiring determination by the Supreme Court.

Article 134 — Criminal Appeals

Provides specified routes of appeal in criminal cases.

Article 136 — Special Leave

The Supreme Court may grant discretionary special leave to appeal against decisions of courts and tribunals, subject to constitutional exclusions.

Remember: An SLP is discretionary and not an automatic right of appeal. Article 136(2) excludes decisions of courts or tribunals constituted under laws relating to the Armed Forces.

Knowledge Check 13. Which Article deals with special leave to appeal?

Correct Answer: C. Article 136 provides discretionary special-leave jurisdiction.
Lesson 10

Advisory, Review and Other Powers

Article 143 — Advisory Jurisdiction

The President may refer specified questions to the Supreme Court for its opinion. Under Article 143(1), the Court may decline to answer a reference.

Article 129 — Court of Record

The Supreme Court is a Court of Record and possesses contempt jurisdiction.

Article 137 — Review

The Court may review its judgments and orders subject to applicable rules and legal requirements.

Curative Petitions

An exceptional judicially developed remedy available on limited grounds after dismissal of review.

Article 142 — Complete Justice

Empowers the Court to make necessary orders for complete justice in causes or matters pending before it.

Article 141 — Binding Precedent

The law declared by the Supreme Court is binding on all courts in India.

Article 144 — Aid to the Court

Civil and judicial authorities throughout India must act in aid of the Supreme Court.

Article 145(3) — Constitution Bench

At least five judges are required for cases involving a substantial question of law concerning constitutional interpretation and certain advisory references.

Knowledge Check 14. Which Article provides advisory jurisdiction?

Correct Answer: D. Article 143 governs Presidential references.

Knowledge Check 15. Which Article makes Supreme Court law binding on all courts in India?

Correct Answer: B. Article 141 establishes binding precedent.
Lesson 11

Judicial Review, Activism and PIL

Judicial Review

The power to examine the constitutionality of legislation and executive action, and invalidate measures inconsistent with the Constitution.

Judicial Activism

An assertive judicial approach to constitutional issues, rights violations and governance failures.

Public Interest Litigation

PIL allows suitable public-interest matters to reach courts through more flexible standing requirements.

Judicial Restraint

Respect for institutional boundaries and democratically accountable policy-making.

Judicial Overreach

A criticism applied where judicial intervention is considered to extend beyond proper constitutional functions.

UPSC Mains: A balanced answer should recognise the importance of rights protection and the need to respect separation of powers.

Knowledge Check 16. Judicial review principally concerns:

Correct Answer: B. Judicial review helps enforce constitutional limitations.
Lesson 12

Landmark Supreme Court Judgments

CaseYearPrinciple
Golaknath1967Evolution of amendment doctrine
Kesavananda Bharati1973Basic Structure
Indira Nehru Gandhi v. Raj Narain1975Free and fair elections
Maneka Gandhi1978Fair procedure and Article 21
Minerva Mills1980Limited amending power
S. P. Gupta1981First Judges Case
S. R. Bommai1994Federalism and secularism
Vishaka1997Workplace harassment safeguards
I. R. Coelho2007Ninth Schedule and Basic Structure
NJAC Judgment2015Judicial appointments
K. S. Puttaswamy2017Privacy as Fundamental Right
Navtej Singh Johar2018Equality and dignity
Electoral Bonds Judgment2024Political funding transparency

Three Essential Cases

Kesavananda Bharati, 1973 Parliament may amend the Constitution but cannot destroy its Basic Structure.
Maneka Gandhi, 1978 Procedure affecting personal liberty must satisfy constitutional standards of fairness and reasonableness.
Puttaswamy, 2017 Privacy is recognised as a Fundamental Right.

Knowledge Check 17. Which case established the Basic Structure doctrine?

Correct Answer: B. Kesavananda Bharati, decided in 1973, established the Basic Structure doctrine.
Lesson 13

Contemporary Challenges and Reforms

1. Pendency and Delays

Large caseloads, procedural complexity and capacity limitations affect timely justice.

2. Appointment Process

Debates concern transparency, appointment delays, judicial primacy and accountability.

3. Access to Justice

Legal costs, language barriers, distance and unequal representation affect litigants.

4. Diversity

Representation across gender, social backgrounds and professional experience remains important.

5. Judicial Accountability

Judicial independence must coexist with institutional integrity, transparency and public confidence.

6. Technology

E-filing, virtual hearings and digital case management can improve accessibility while creating challenges of digital exclusion and privacy.

Way Forward: Timely appointments, stronger lower courts, legal aid, better case management, transparent institutional processes and inclusive technology.
Application-Based Learning

10 Constitutional Case Studies

Case 1. A person is detained unlawfully. Which writ is appropriate?

Correct Answer: B. Habeas Corpus protects against unlawful detention.

Case 2. A statutory authority refuses to perform a mandatory public duty.

Correct Answer: A. Mandamus may compel performance of a legally required public duty.

Case 3. Two States dispute the extent of a legal right under the federal framework.

Correct Answer: A. Article 131 concerns qualifying federal disputes.

Case 4. The President seeks the Court’s opinion on a question of public importance.

Correct Answer: B. Article 143 provides for advisory references.

Case 5. A litigant seeks exceptional permission to appeal a tribunal decision.

Correct Answer: A. Article 136 provides discretionary special-leave jurisdiction, subject to constitutional exclusions.

Case 6. Parliament enacts a law violating a Fundamental Right.

Correct Answer: B. Judicial review protects constitutional supremacy.

Case 7. An inferior court proceeds beyond its jurisdiction.

Correct Answer: A. Prohibition restrains proceedings beyond jurisdiction.

Case 8. A person occupies a public office without satisfying legal eligibility requirements.

Correct Answer: A. Quo Warranto examines legal entitlement to public office.

Case 9. A litigant seeks review of a Supreme Court judgment on recognised legal grounds.

Correct Answer: A. Article 137 provides review jurisdiction.

Case 10. A matter requires a Constitution Bench under Article 145(3).

Correct Answer: B. The constitutional minimum is five judges.
UPSC Prelims Assessment

Final Test — 25 MCQs

Select an answer to receive immediate feedback and a short explanation.

Practice Tip: Try each question before looking at the explanation. The correct answer appears immediately after selection. This version does not calculate an automatic overall score.

1. The Supreme Court of India was inaugurated in:

Correct Answer: C. The Court was inaugurated on 28 January 1950.

2. Which Article establishes the Supreme Court?

Correct Answer: B. Article 124 provides for establishment and constitution of the Court.

3. The Supreme Court is covered under which Part of the Constitution?

Correct Answer: C. Part V, Chapter IV concerns the Union Judiciary.

4. Supreme Court judges are formally appointed by:

Correct Answer: B. The President formally appoints judges.

5. What minimum age does Article 124 prescribe for Supreme Court appointment?

Correct Answer: D. The Constitution specifies qualifications but no minimum appointment age.

6. The retirement age of Supreme Court judges is:

Correct Answer: C. Supreme Court judges retire at 65.

7. The collegium system principally evolved through:

Correct Answer: B. The Judges Cases developed the collegium process.

8. The NJAC framework was invalidated in:

Correct Answer: C. The Fourth Judges Case was decided in 2015.

9. Removal of a Supreme Court judge requires:

Correct Answer: B. Article 124(4) prescribes the removal process.

10. The constitutional grounds for removal are:

Correct Answer: B. Article 124(4) specifies these two grounds.

11. Exclusive original jurisdiction over specified federal disputes is under:

Correct Answer: B. Article 131 governs qualifying federal disputes.

12. Article 32 concerns:

Correct Answer: B. Article 32 protects the right to constitutional remedies.

13. Which writ addresses unlawful detention?

Correct Answer: B. Habeas Corpus protects personal liberty.

14. Which writ tests legal entitlement to public office?

Correct Answer: A. Quo Warranto challenges unlawful occupation of a public office.

15. Which writ restrains a lower court from exceeding jurisdiction?

Correct Answer: C. Prohibition is preventive in nature.

16. High Courts have wider writ subject-matter jurisdiction under:

Correct Answer: C. Article 226 extends to Fundamental Rights and other legal purposes.

17. Special leave to appeal is provided under:

Correct Answer: B. Article 136 creates discretionary special-leave jurisdiction.

18. Advisory jurisdiction is provided by:

Correct Answer: C. Article 143 concerns Presidential references.

19. The Supreme Court is a Court of Record under:

Correct Answer: B. Article 129 establishes Court of Record status.

20. Review of Supreme Court judgments is provided by:

Correct Answer: A. Article 137 governs review jurisdiction.

21. Supreme Court law is binding on all courts under:

Correct Answer: C. Article 141 establishes binding precedent.

22. The power to do complete justice is associated with:

Correct Answer: A. Article 142 concerns complete justice in pending causes or matters.

23. A Constitution Bench under Article 145(3) requires at least:

Correct Answer: B. The constitutional minimum is five judges.

24. The Basic Structure doctrine was established in:

Correct Answer: B. Kesavananda Bharati, 1973.

25. Which statement is constitutionally sound?

Correct Answer: C. Both principles are necessary for constitutional justice.
UPSC GS-II • Mains Practice

Mains Answer-Writing Practice

150 Words • 10 Marks

Question 1

Explain the constitutional safeguards that ensure the independence of the Supreme Court of India.

Show model answer framework

Introduction: Judicial independence is essential for constitutional supremacy, rule of law and rights protection.

Main Points:

  • Secure tenure and difficult removal procedure.
  • Protected salaries and service conditions.
  • Specified expenditure charged on the Consolidated Fund of India.
  • Restrictions on parliamentary discussion of judicial conduct.
  • Contempt and institutional powers.
  • Constitutional jurisdiction and judicial review.

Conclusion: Independence supports impartial justice and should coexist with accountability.

250 Words • 15 Marks

Question 2

Critically examine the collegium system of judicial appointments in India.

Show model answer framework

Introduction: The collegium system evolved through judicial interpretation of constitutional appointment provisions.

Development: First Judges Case (1981), Second Judges Case (1993), Third Judges Case (1998) and NJAC judgment (2015).

Merits:

  • Supports judicial independence.
  • Limits direct political influence.
  • Uses institutional judicial expertise.

Criticisms:

  • Transparency concerns.
  • Questions regarding diversity.
  • Appointment delays.
  • Limited formal external participation.

Way Forward: Clear criteria, reasoned recommendations, timely appointments and transparency.

Conclusion: Reform should strengthen accountability without compromising independence.

250 Words • 15 Marks

Question 3

Discuss the significance of judicial review in maintaining constitutional supremacy and protecting the Basic Structure.

Show model answer framework

Introduction: Judicial review permits constitutional examination of legislation and executive action.

Significance:

  • Protects Fundamental Rights.
  • Maintains federal balance.
  • Limits arbitrary public power.
  • Preserves constitutional supremacy.

Basic Structure: Kesavananda Bharati established limits on Parliament’s amending power.

Challenges: Judicial activism, institutional boundaries and democratic accountability.

Conclusion: Judicial review is essential but should be exercised through principled reasoning.

150 Words • 10 Marks

Question 4

Distinguish between Articles 32 and 226 with reference to writ jurisdiction.

Show model answer framework

Introduction: Both Articles provide constitutional remedies.

Article 32: Direct access to the Supreme Court for enforcement of Fundamental Rights. It is itself a Fundamental Right.

Article 226: High Courts may issue writs for Fundamental Rights and other legal purposes.

Difference: Article 226 has wider subject-matter scope, subject to territorial and legal limitations.

Conclusion: Together, they strengthen access to constitutional justice.

250 Words • 15 Marks

Question 5

Judicial activism has strengthened rights protection but raises questions about separation of powers. Examine.

Show model answer framework

Introduction: Judicial activism involves an assertive approach to constitutional adjudication.

Contributions:

  • Expanded rights protection.
  • Greater access through PIL.
  • Remedies against executive inaction.
  • Development of constitutional jurisprudence.

Concerns:

  • Possible institutional overreach.
  • Limited judicial administrative expertise.
  • Democratic accountability concerns.
  • Implementation difficulties.

Way Forward: Institutional restraint, proportionate remedies and constitutional reasoning.

Conclusion: Judicial intervention should enforce constitutional duties without unnecessarily replacing democratic policy-making.

Final Revision

Supreme Court in 60 Seconds

Article 124Establishment
Article 129Court of Record
Article 131Federal disputes
Article 32Fundamental Rights
Article 136Special leave
Article 137Review
Article 141Binding precedent
Article 142Complete justice
Article 143Advisory jurisdiction
Article 145(3)Minimum five judges
Retirement65 years
Basic StructureKesavananda Bharati, 1973
Final Understanding: The Supreme Court is the apex court of India’s integrated judicial system. Its authority rests on constitutional interpretation, rights protection, federal adjudication, judicial review and institutional independence.

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