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Supreme Court of India - Powers, Jurisdiction & Landmark Judgments

Polity Upsc Notes • Jan 24, 2026 • 25 min read

Supreme Court of India - Powers, Jurisdiction, and Landmark Judgments

Imagine this: a student in your city is denied admission because the college says, “Rules are rules.” Or a village road project is stuck because two departments are fighting over land. Or a newspaper reports that a person has been arrested, and the family says their basic rights were ignored. People often ask, “Who will listen to us when the system feels unfair?” In India, the final guardian of the Constitution and the strongest shield for fundamental rights is the Supreme Court of India.

The Supreme Court is not just a big building in Delhi with judges in black robes. It is a living institution that decides what the Constitution truly means. It can strike down unconstitutional laws, protect citizens from abuse of power, settle disputes between governments, and guide the country on difficult constitutional questions. For UPSC, the Supreme Court is one of the most important topics because it connects Polity, Governance, Rights, Federalism, and even Ethics.

Definition (Simple): The Supreme Court of India is the highest court of the country. It is the final interpreter of the Constitution and the final court of appeal. It protects Fundamental Rights, ensures that governments work within the Constitution, and delivers justice across India.

In one line: The Supreme Court is the guardian of the Constitution and the protector of citizens’ rights.

1) Constitutional Provisions (Articles 124 to 147) — The Backbone

The Supreme Court is mainly described in Part V (The Union) and specifically in Articles 124 to 147. These articles explain how the Court is formed, who becomes a judge, what powers it has, and how its decisions bind everyone.

Article 124 — Establishment and Constitution of the Supreme Court

Article 124 is the starting point. It says India shall have a Supreme Court consisting of a Chief Justice of India (CJI) and other judges as Parliament may decide. It also gives rules for appointment, qualifications, tenure, resignation, and removal.

Article 125 — Salaries, Allowances, and Pensions

Article 125 ensures judges get fixed salaries and benefits. The key idea is: financial security supports judicial independence. If salaries could be easily reduced, judges could be pressured.

Article 126 — Acting Chief Justice

If the office of the CJI is vacant or the CJI is unable to perform duties, Article 126 allows the President to appoint an acting Chief Justice (usually the senior-most judge).

Article 127 — Ad hoc Judges

When there is lack of quorum or too much workload, Article 127 allows the CJI to request the President to appoint a High Court judge as an ad hoc Supreme Court judge for a temporary period.

Article 128 — Attendance of Retired Judges

Article 128 allows the CJI, with the President’s permission, to request a retired Supreme Court judge to sit and act as a judge for a temporary time. This is useful when the Court needs extra experienced hands.

Article 129 — Supreme Court as a Court of Record

Article 129 declares the Supreme Court a court of record. This means:

Article 130 — Seat of the Supreme Court

Article 130 says the Supreme Court shall sit in Delhi, but it may sit in other places as decided by the CJI with the President’s approval. (In practice, the Supreme Court sits in New Delhi.)

Article 131 — Original Jurisdiction

Article 131 gives the Supreme Court original jurisdiction in disputes between:

Important: It is mainly for federal disputes (centre-state or inter-state). These are not ordinary criminal or civil matters between citizens.

Article 132 — Constitutional Appeals

Article 132 allows appeals to the Supreme Court from High Courts if there is a substantial question of law about the interpretation of the Constitution.

Article 133 — Civil Appeals

Article 133 deals with civil matters (property disputes, contracts, etc.) where a High Court certifies that the case involves a substantial question of law of general importance.

Article 134 — Criminal Appeals

Article 134 deals with criminal appeals. In certain conditions (like a High Court reversing an acquittal and giving death sentence), appeal can go to the Supreme Court.

Article 134A — Certificate for Appeals

Article 134A provides the procedure by which a High Court may grant a certificate for appeal under Articles 132, 133, or 134.

Article 135 — Jurisdiction and Powers of Federal Court

Article 135 continues the jurisdiction that the Federal Court had before the Constitution, where applicable.

Article 136 — Special Leave Petition (SLP)

Article 136 is one of the most powerful tools. It gives the Supreme Court discretionary power to grant special leave to appeal against any judgment/order from any court/tribunal (except some military tribunals). This is why many cases reach the Supreme Court through SLP.

Article 137 — Power of Review

Article 137 allows the Supreme Court to review its own judgments (within limits and as per rules). Review is not a second full appeal. It is meant for correcting serious errors.

Article 138 — Enlargement of Jurisdiction

Article 138 says Parliament can enlarge the jurisdiction of the Supreme Court.

Article 139 — Writ Jurisdiction

Article 139Article 32 (Fundamental Rights). Still, the idea is: Supreme Court has strong power to protect rights.

Article 139A — Transfer of Cases

Article 139A allows transfer of cases from one High Court to another, or to the Supreme Court, when similar questions of law are involved. This helps in uniform decisions across India.

Article 140 — Ancillary Powers

Article 140 allows Parliament to give supplementary powers to the Supreme Court.

Article 141 — Law Declared by Supreme Court is Binding

Article 141 is crucial for UPSC: the law declared by the Supreme Court is binding on all courts in India. This ensures uniformity.

Article 142 — Complete Justice

Article 142 is famous. It allows the Supreme Court to pass any order necessary to do complete justice in any case. This is a special constitutional power, often discussed under judicial activism.

Article 143 — Advisory Jurisdiction

Article 143 allows the President to seek the Supreme Court’s opinion on important questions of law or fact. The Court’s advice is not strictly binding, but it carries huge value.

Article 144 — All Authorities to Act in Aid of Supreme Court

Article 144 says all civil and judicial authorities must act in aid of the Supreme Court. This ensures enforcement and respect for its orders.

Article 145 — Rules of Court

Article 145 empowers the Supreme Court to make rules for its functioning (procedure, benches, etc.), subject to laws made by Parliament.

Article 146 — Officers and Servants

Article 146 deals with staff, officers, and administrative matters of the Supreme Court. Administrative independence is part of judicial independence.

Article 147 — Interpretation

Article 147 defines certain terms for Articles 124 to 147 (like what is meant by “existing law”).

2) Composition, Appointment, Tenure, and Removal

A) Composition

The Supreme Court consists of:

In real life, the Court works through benches:

B) Appointment (President + Collegium system in practice)

Formally, the President appoints judges under Article 124. But in practice, appointments happen through the Collegium System (explained in detail later). The key point is: judges are selected mainly through recommendations made by senior judges, not by the government alone.

Why it matters: Appointment decides whether the judiciary remains independent from political pressure.

C) Oath and Tenure

D) Removal (Impeachment)

Supreme Court judges can be removed only on grounds of proved misbehaviour or incapacity. The process is deliberately tough to protect independence.

Steps (simple):

  1. A motion is introduced in Parliament with required signatures.
  2. An inquiry committee is formed (usually includes judges and legal experts).
  3. If charges are proved, each House must pass the motion with a special majority.
  4. Then the President removes the judge.

Important UPSC point: The process is parliamentary, but removal is not easy. This prevents fear among judges while deciding cases against powerful governments.

3) Jurisdiction of the Supreme Court

The Supreme Court’s jurisdiction means: what kinds of cases it can hear and what powers it can use. UPSC expects you to know the main types clearly, with examples.

A) Original Jurisdiction (Article 131)

Original jurisdiction means the case can be filed directly in the Supreme Court (no need to start in lower courts). Under Article 131, this is mainly for disputes involving governments.

Examples (easy):

Note: Citizens usually do not use Article 131. Citizens directly approach the Supreme Court mainly through Article 32 for Fundamental Rights.

B) Writ Jurisdiction (Article 32) — “Heart and Soul”

Even though your structure focuses on Articles 124-147, you cannot understand the Supreme Court without Article 32. It gives every citizen the right to move the Supreme Court when their Fundamental Rights are violated.

Writs (simple list):

Indian example: If a person is kept in custody and family is not informed properly, a habeas corpus petition can be filed quickly.

C) Appellate Jurisdiction

Appellate means hearing appeals from lower courts. The Supreme Court is the final court of appeal in India.

Why SLP is important: Because Article 136 is very wide, many matters reach the Supreme Court. This makes the Court powerful, but it also increases workload.

D) Advisory Jurisdiction (Article 143)

The President can ask the Supreme Court for advice on questions of law or fact. This is like asking the Court: “Please guide the country on this constitutional issue.”

Example idea: If there is a complicated constitutional question affecting the whole country, the President can seek advisory opinion. The Court’s opinion is respected heavily.

E) Review Jurisdiction (Article 137)

The Supreme Court can review its own judgment. But review is limited. The Court does not reopen the entire case unless there is a serious mistake.

Simple logic: Review exists because judges are human. But it is not meant to be a “second chance” for every losing party.

F) Curative Petition (Concept under judicial interpretation)

Beyond review, the Court has also allowed a very rare remedy called curative petition (created through case law). It is used only when there is a gross miscarriage of justice even after review.

Exam point: Curative petition shows the Court trying to balance finality of judgments with justice.

4) Judicial Review and PIL — The Most Discussed Powers

A) Judicial Review: Meaning and Importance

Judicial review means the power of courts to examine laws and government actions and to declare them invalid if they violate the Constitution.

Why it matters in India:

Simple Indian example: If a State law clearly violates equality (Article 14), the Supreme Court can strike it down. This is not “anti-democracy.” It is pro-Constitution, because the Constitution is the highest law.

B) PIL (Public Interest Litigation): Justice for the Common Person

PIL became famous in India because it opened the court’s doors for ordinary people and public causes. A person does not always need to be directly affected to approach the Court if the issue affects the public, especially vulnerable groups.

Why PIL became important:

Examples you can relate to:

But PIL is not always good: Sometimes PIL is misused for publicity or political fights. That is why the Court also talks about responsible PIL.

5) Landmark Judgments — The Cases That Shaped India

Landmark judgments are important because they show how the Supreme Court has interpreted rights, democracy, federalism, and social justice. UPSC expects you to know the core principle from each case, not long legal language.

1) Kesavananda Bharati (1973) — Basic Structure Doctrine

What happened? There was a big conflict: Parliament wanted to amend the Constitution widely; people feared that Fundamental Rights and democratic structure could be destroyed.

Judgment (simple): Parliament can amend the Constitution, but it cannot destroy its Basic Structure.

Why it is historic:

Examples of Basic Structure ideas (commonly understood): supremacy of the Constitution, rule of law, separation of powers, judicial review, federalism, free and fair elections, etc.

2) Maneka Gandhi (1978) — Expanded Meaning of Article 21

What happened? Maneka Gandhi’s passport was impounded. She challenged it as violating her rights.

Judgment (simple): “Procedure established by law” under Article 21 must be fair, just, and reasonable — not arbitrary.

Impact:

3) Vishaka (1997) — Sexual Harassment Guidelines at Workplace

Problem: There was no strong law to deal with workplace sexual harassment at that time.

Judgment (simple): The Court laid down Vishaka Guidelines to prevent sexual harassment at workplace until Parliament made a law.

Why it matters: It shows the Court using constitutional rights (equality and dignity) to address social reality. Later, a proper law came (2013 law on workplace harassment).

4) Minerva Mills (1980) — Limited Amending Power + Balance

Idea: The Court reinforced that limited amending power is part of the basic structure. It also stressed the balance between Fundamental Rights and Directive Principles.

UPSC takeaway: Parliament cannot remove judicial review or destroy constitutional balance.

5) Indra Sawhney (1992) — Mandal Commission and Reservations

What was decided? The Court upheld OBC reservation but created important rules like:

Why it matters: It shaped social justice policy with constitutional limits.

6) S.R. Bommai (1994) — President’s Rule and Federalism

Issue: Misuse of President’s Rule was a serious problem in Indian politics.

Judgment (simple): President’s Rule is subject to judicial review, and federalism is a basic feature. The Court restricted arbitrary dismissal of state governments.

Real-life connection: Whenever there is a political crisis in a State, people refer to Bommai principles.

7) R.C. Cooper (Bank Nationalisation) (1970) — Property and Rights

This case impacted how the Court looks at government action and fundamental rights. It is known for strengthening rights-based review of state actions.

8) Shayara Bano (2017) — Triple Talaq

Issue: Instant triple talaq (talaq-e-biddat) was challenged as violating rights.

Judgment (simple): The Court struck down instant triple talaq as unconstitutional (through different reasoning by judges).

Impact: It became a major case about gender justice, dignity, and religion vs rights.

9) K.S. Puttaswamy (2017) — Right to Privacy

Judgment (simple): The Supreme Court recognized privacy as a fundamental right under Article 21 (and linked to liberty and dignity).

Why it matters today: In the digital age—Aadhaar, mobile data, surveillance concerns—privacy is central.

10) Navtej Singh Johar (2018) — Decriminalisation of Section 377 (consensual acts)

Judgment (simple): The Court decriminalised consensual same-sex relations between adults by reading down Section 377 to that extent.

Impact: It strengthened dignity, equality, and personal liberty principles.

11) Joseph Shine (2018) — Adultery Law Struck Down

Judgment (simple): The Court struck down the criminal offence of adultery, calling it discriminatory and outdated.

12) Indian Young Lawyers Association (Sabarimala) (2018) — Entry of Women

This case debated the balance between religious practices and equality. It is important for understanding “essential religious practices” and constitutional morality.

13) Ayodhya Verdict (2019) — Ram Janmabhoomi-Babri Masjid Dispute

Judgment (simple): The Court gave the disputed land for the temple trust and directed allocation of alternate land for a mosque. The decision relied heavily on evidence, possession, and legal reasoning.

UPSC angle: Rule of law, dispute resolution, and constitutional governance in sensitive matters.

14) Recent Constitutional and Governance Judgments (Last Few Years)

UPSC also expects you to mention some newer examples (without getting lost in too many details). Here are some major themes the Court has dealt with recently:

Exam tip: In answers, mention 2–3 “recent theme judgments” and link them to constitutional principles like Article 14, 19, 21, federalism, and democracy.

6) Independence of Judiciary — How the Supreme Court Stays Free

Judicial independence means judges can decide cases without fear or pressure from the government, powerful people, or public anger. Without independence, rights become meaningless.

Key safeguards of independence

Indian example (simple): When courts strike down a government decision, the government may not like it, but it must accept it because rule of law is higher than political power.

7) Judicial Activism vs Judicial Restraint

This is a popular UPSC debate question. Both concepts are important.

Judicial Activism (Meaning)

Judicial activism means the Court plays an active role in protecting rights and ensuring good governance, sometimes giving detailed directions when other institutions fail.

When activism looks useful:

Judicial Restraint (Meaning)

Judicial restraint means courts should respect the roles of Legislature and Executive and should not become a “super government.” Courts should interfere only when there is clear constitutional violation.

When restraint is important:

Balanced UPSC conclusion

India needs a judiciary that is active to protect the Constitution but also self-aware to avoid overreach. The best approach is “principled activism” with “institutional restraint” depending on the situation.

8) Collegium System — What It Is and Why It Is Controversial

Many students ask: “If the President appoints judges, why do we hear about collegium?” The answer is: over time, the Supreme Court interpreted “consultation” in Article 124 to protect judicial independence.

What is the Collegium System?

The Collegium is a group of senior judges who recommend names for appointment and transfer of judges.

Why did it develop?

The Court wanted to reduce political interference in appointments. So through “Judges Cases,” it strengthened the judiciary’s say.

Major controversy points

NJAC episode (Why it is important)

Parliament created the National Judicial Appointments Commission (NJAC) to replace collegium, bringing judiciary + executive + others into selection. But the Supreme Court struck it down, stating it harmed judicial independence and basic structure.

UPSC balanced line: The goal should be transparent appointments without losing independence. Reforms can improve collegium working, like clear criteria, written reasons, and time-bound processing, while preserving judicial freedom.

9) Supreme Court vs High Court — A Clear Comparison

Point Supreme Court High Court
Position Highest court of India Highest court in a State/UT (for that jurisdiction)
Key Articles 124–147 (plus Article 32 for writs) 214–231 (plus Article 226 for writs)
Writ power Article 32 (for Fundamental Rights) Article 226 (for Fundamental Rights + other legal rights)
Original jurisdiction Mainly Centre-State/State-State disputes (Article 131) Varies; includes state-level matters, writs, and original civil/criminal jurisdiction in some cases
Appeals Final court of appeal; hears from High Courts and tribunals Hears appeals from lower courts within the State
Binding nature Law declared is binding on all courts (Article 141) Binding within its territorial jurisdiction (subject to Supreme Court)
Retirement age 65 years 62 years
Head Chief Justice of India (CJI) Chief Justice of that High Court

Quick UPSC line: Supreme Court is the national guardian and final interpreter; High Courts are powerful constitutional courts at State level with wider writ scope under Article 226.

10) Challenges: Workload, Delays, and Public Expectations

The Supreme Court is respected, but it also faces practical challenges.

Indian example: When a major recruitment exam issue happens, thousands of students file petitions. Sometimes the Court becomes the centre of resolution because administrative systems fail to address grievances quickly.

11) Way Forward — How to Strengthen the Supreme Court System

Exam-ready conclusion line: A strong Supreme Court needs independence + efficiency + public trust. Reforms must preserve judicial freedom while improving transparency and speed.

12) PYQs (Previous Year Questions) with Model Answers

PYQ 1: “Discuss the significance of the Basic Structure doctrine.”

Model Answer (Points):

  • The Basic Structure doctrine was laid down in Kesavananda Bharati (1973).
  • It allows Parliament to amend the Constitution but stops it from destroying core features like rule of law, judicial review, democracy, federalism, etc.
  • This protects the Constitution from becoming dependent only on the ruling majority’s wishes.
  • It strengthens constitutional supremacy and maintains long-term stability of India’s democratic framework.

PYQ 2: “Article 32 is called the heart and soul of the Constitution. Explain.”

Model Answer (Points):

  • Article 32 gives citizens the right to approach the Supreme Court directly for enforcement of Fundamental Rights.
  • The Supreme Court can issue writs like habeas corpus, mandamus, certiorari, prohibition, and quo warranto.
  • Without enforcement, rights remain only on paper; Article 32 makes rights meaningful in real life.
  • Therefore, it is called the “heart and soul” because it is the strongest constitutional remedy for rights protection.

PYQ 3: “What is judicial review? How does it strengthen constitutional governance in India?”

Model Answer (Points):

  • Judicial review is the power of courts to test laws and executive actions against the Constitution.
  • If unconstitutional, courts can strike them down to protect Fundamental Rights and constitutional limits.
  • It ensures rule of law, prevents misuse of power, and protects minorities and vulnerable groups.
  • Landmark cases like Kesavananda Bharati, Maneka Gandhi, and S.R. Bommai show judicial review’s role in safeguarding democracy and federalism.

PYQ 4: “Explain the difference between judicial activism and judicial restraint with examples.”

Model Answer (Points):

  • Judicial activism: Court takes an active role to protect rights and fill governance gaps (example: Vishaka guidelines).
  • Judicial restraint: Court avoids interfering in policy matters unless there is clear constitutional violation.
  • India needs balance: activism to protect Constitution and restraint to respect democratic decision-making.

13) MCQs with Explanations (Exam-Ready)

  1. Q1. Article 141 of the Constitution states that:

    • A) Supreme Court can review its judgments
    • B) Law declared by Supreme Court is binding on all courts
    • C) Supreme Court has advisory jurisdiction
    • D) Supreme Court can issue writs only for legal rights

    Answer: B

    Explanation: Article 141 makes the law declared by the Supreme Court binding on all courts in India, ensuring uniformity.

  2. Q2. Original jurisdiction of the Supreme Court under Article 131 deals mainly with:

    • A) Disputes between two private citizens
    • B) Disputes between Union and States or between States
    • C) Criminal appeals from district courts
    • D) Election disputes of panchayats

    Answer: B

    Explanation: Article 131 covers federal disputes involving governments, not ordinary private disputes.

  3. Q3. “Basic Structure doctrine” is associated with:

    • A) Maneka Gandhi case
    • B) Kesavananda Bharati case
    • C) Vishaka case
    • D) Indra Sawhney case

    Answer: B

    Explanation: Kesavananda Bharati (1973) held that Parliament cannot destroy the basic structure of the Constitution.

  4. Q4. Article 136 is popularly known for:

    • A) Advisory opinion
    • B) Special Leave Petition (SLP)
    • C) Court of record
    • D) Acting Chief Justice

    Answer: B

    Explanation: Article 136 gives the Supreme Court discretionary power to grant special leave to appeal.

  5. Q5. The Supreme Court is a “court of record” under:

    • A) Article 129
    • B) Article 131
    • C) Article 143
    • D) Article 147

    Answer: A

    Explanation: Article 129 declares the Supreme Court a court of record and gives contempt power.

  6. Q6. Which of the following is correct about Article 142?

    • A) It deals with appointment of judges
    • B) It allows complete justice in any cause or matter
    • C) It deals with transfer of High Court judges
    • D) It defines the term “existing law”

    Answer: B

    Explanation: Article 142 empowers the Supreme Court to pass orders necessary to do complete justice.

  7. Q7. The case that expanded Article 21 by insisting on “fair, just and reasonable” procedure is:

    • A) S.R. Bommai
    • B) Maneka Gandhi
    • C) Vishaka
    • D) Minerva Mills

    Answer: B

    Explanation: Maneka Gandhi (1978) broadened Article 21 and linked it with Articles 14 and 19.

  8. Q8. Which case is most directly linked to workplace sexual harassment guidelines before a law existed?

    • A) Vishaka
    • B) Kesavananda Bharati
    • C) Indra Sawhney
    • D) Joseph Shine

    Answer: A

    Explanation: Vishaka (1997) laid down guidelines to prevent workplace sexual harassment.

  9. Q9. Under Article 143, the Supreme Court exercises:

    • A) Appellate jurisdiction
    • B) Advisory jurisdiction
    • C) Original jurisdiction
    • D) Review jurisdiction

    Answer: B

    Explanation: Article 143 allows the President to seek advisory opinion from the Supreme Court.

  10. Q10. “Collegium system” relates mainly to:

    • A) Election of President
    • B) Appointment and transfer of judges
    • C) Passing of money bills
    • D) Functioning of Finance Commission

    Answer: B

    Explanation: Collegium is the judicial recommendation system for appointment and transfer of judges to higher judiciary.

Final Exam-Ready Takeaway

The Supreme Court of India is the final guardian of the Constitution. Through its original, appellate, advisory, and review powers—and especially through judicial review and writ jurisdiction—it protects Fundamental Rights and maintains constitutional balance. Landmark judgments like Kesavananda Bharati, Maneka Gandhi, and Vishaka show how the Court has shaped India’s democracy, liberty, equality, and dignity. At the same time, debates on judicial activism vs restraint and collegium controversies remind us that independence must come with transparency and responsibility. For UPSC, always link the Supreme Court to rule of law, constitutional supremacy, and rights-based governance.

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