Supreme Court of India

Supreme Court of India

Notes

The Supreme Court (Art. 124-147) came into being on 28 January 1950, replacing the Federal Court of India (1937). It is the apex court, a court of record (Art. 129), and the guardian of the Constitution. Seat: Delhi (Art. 130).

Composition

• 34 judges: Chief Justice of India and 33 other judges (Supreme Court (Number of Judges) Amendment Act, 2019).
• Appointment (Art. 124(2)): by the President, after consultation with judges of the Supreme Court and High Courts; the CJI is consulted for others (see Collegium, Topic 72).
• Qualifications: citizen of India; 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: 65 years. Oath: administered by the President.
• Removal (Art. 124(4)): proved misbehaviour or incapacity; an address by each House, supported by a majority of the total membership and two-thirds of members present and voting; the Judges (Inquiry) Act, 1968 provides the procedure. Justice V. Ramaswami's motion failed in the Lok Sabha (1993).
• Ad hoc judges (Art. 127); retired judges (Art. 128).
• Independence: salaries charged on the Consolidated Fund (Art. 125), no discussion of conduct in Parliament (Art. 121), ban on practice after retirement (Art. 124(7)), power to punish for contempt, separation from the executive (Art. 50).

Jurisdiction

• Original (Art. 131): disputes between the Centre and States or between States; exclusive. Art. 32 gives writ jurisdiction for Fundamental Rights.
• Appellate (Art. 132-134, 136): constitutional, civil and criminal matters; Special Leave Petition (Art. 136) at the Court's discretion.
• Advisory (Art. 143): the President may seek an opinion; the Court's opinion is not binding on the President. Examples: Berubari, Keshav Singh, Ayodhya reference (1993, declined).
• Review (Art. 137) of its own judgments and curative petition (Rupa Ashok Hurra, 2002).
• Art. 142: power to do "complete justice" in any case.
• Art. 141: law declared by the Supreme Court is binding on all courts.
• Art. 139A: transfer of cases between High Courts.

Key Points

• Art. 124-147; 34 judges; retirement at 65.
• Removal by Parliament after proved misbehaviour or incapacity.
• Original (Art. 131), appellate (Art. 132-136), advisory (Art. 143), review (Art. 137).
• Art. 142: complete justice; Art. 141: law of the land.
• Court of record: Art. 129.

MCQs

Q1. The present strength of the Supreme Court (including the CJI) is: (a) 31 (b) 33 (c) 34 (d) 37 Ans: (c). After the 2019 Amendment Act.

Q2. The Supreme Court's power to grant Special Leave to Appeal is in: (a) Art. 132 (b) Art. 136 (c) Art. 141 (d) Art. 143 Ans: (b).

Q3. The Supreme Court's advisory jurisdiction under Art. 143 is exercised: (a) On request by the President (b) On request by the Parliament (c) On request by High Courts (d) Suo motu Ans: (a). Not binding on the President.