What is the Supreme Court? The Supreme Court of India constitutes the apex of the integrated judicial system in the country. Articles 124 to 147 in Part V of the Constitution deal with its organization, independence, jurisdiction, powers, and procedures. It acts as the Guardian of the Constitution and the Guarantor of Fundamental Rights.
Composition and Appointment
Currently, the SC consists of 34 judges (1 CJI + 33 other judges). Judges are appointed by the President. The Collegium System (CJI + 4 senior-most judges) recommends names for appointment.
Qualifications and Removal
To be a Judge of SC:
- Citizen of India.
- Judge of High Court for 5 years; OR
- Advocate of High Court for 10 years; OR
- Distinguished jurist in the opinion of the President.
Removal: By President after an address by Parliament supports it by special majority on grounds of "Proved Misbehaviour or Incapacity" (Article 124(4)).
Jurisdictions of Supreme Court
| Type | Article | Scope |
|---|---|---|
| Original Jurisdiction | Art 131 | Disputes between Centre and States, or between States. (Exclusive to SC). |
| Writ Jurisdiction | Art 32 | Enforcement of Fundamental Rights (Habeas Corpus etc.). |
| Appellate Jurisdiction | Art 132-134 | Appeals against judgments of High Courts in constitutional, civil, and criminal cases. |
| Advisory Jurisdiction | Art 143 | President can seek opinion of SC on law or fact. Opinion is not binding. |
Powers of Supreme Court
- Judicial Review: Power to examine constitutionality of legislative enactments and executive orders (Article 13).
- Court of Record (Art 129): Its judgments are recorded for perpetual memory and testimony; it has power to punish for contempt of court.
- Complete Justice (Art 142): Power to pass any order necessary for doing complete justice in any cause or matter pending before it.
Quick Facts for UPSC
- Oath: Administered by the President.
- Tenure: Until age of 65 years. No fixed minimum tenure.
- Seat: Delhi. CJI can appoint other places with President's approval.
- NJAC: The 99th Amendment which created NJAC was struck down by SC in 2015 as unconstitutional (void).
UPSC Previous Year Questions (Selected)
Q1. The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its: (Prelims 2014)
A. Advisory jurisdiction
B. Appellate jurisdiction
C. Original jurisdiction
D. Writ
jurisdiction
Answer: C. Original Jurisdiction (Article 131).
Q2. Who has the right to seek advisory opinion of the Supreme Court of India, on any question of law? (Prelims)
A. Prime Minister
B. President
C. High Court
D. All of the above
Answer: B. President (Article 143).
Practice MCQs
- The judges of the Supreme Court hold office until they attain the age of:
A. 60 years
B. 62 years
C. 65 years
D. 70 years - The Supreme Court of India was inaugurated on:
A. Jan 26, 1950
B. Jan 28, 1950
C. Aug 15, 1947
D. Nov 26, 1949 - Which Article empowers the Supreme Court to punish for contempt?
A. Article 124
B. Article 129
C. Article 143
D. Article 226 - The concept of Public Interest Litigation (PIL) originated in:
A. UK
B. Australia
C. USA
D. Canada - Judicial Review allows SC to:
A. Review its own judgments
B. Review functioning of judiciary
C. Declare laws unconstitutional
D. Review President's work
View Answer Key
1. C | 2. B | 3. B | 4. C | 5. C
Related Topics
Frequently Asked Questions
Is the SC advisory opinion binding?
No, the opinion given by SC under Article 143 is not binding on the President.
Can SC review its own judgment?
Yes, under Article 137, the Supreme Court has the power to review any judgment pronounced or order made by it (Curative Petition).
Who can increase the number of judges in SC?
The Parliament by law.
What is the 'Court of Record'?
It means the judgments are retained as evidence and cannot be questioned in any court. It also includes power to punish for contempt.