Introduction

• Supreme Court is the highest judicial authority in India.
• Also known as Guardian of the Constitution and Protector of Fundamental Rights.
• Established in 1950, succeeding the Federal Court of India (1937–1950).
• Articles 124 to 147 of the Constitution.

Composition

• Chief Justice of India (CJI) + other judges (as fixed by Parliament).
• Originally: 1 CJI + 7 judges
• Now (as per 2019 amendment): 1 CJI + 33 judges = 34 total

Appointment of Judges

• Appointed by the President
• Consultation with judges of SC & HCs (collegium system in practice)

Collegium System (Established by Judgments):

• Judges select judges.
• Headed by CJI + 4 senior-most SC judges.

Qualifications

• Citizen of India
• Must have:
  • Judge of HC for 5 years, or
  • Advocate of HC for 10 years, or
  • Eminent jurist (rarely used)

Tenure & Removal

Jurisdiction of Supreme Court

A. Original Jurisdiction (Art. 131)

• Disputes between:
  • Union and State(s)
  • State(s) and State(s)
• Only SC can hear these.

B. Writ Jurisdiction (Art. 32)

• For enforcement of Fundamental Rights
• Known as Heart and Soul of the Constitution (B.R. Ambedkar)
• Note: SC only for Fundamental Rights, while HC (Art. 226) for FR + legal rights

C. Appellate Jurisdiction

• Civil, Criminal, and Constitutional matters
• From High Courts to SC

D. Advisory Jurisdiction (Art. 143)

• President can refer matters of public importance
• SC’s opinion is not binding

E. Review Jurisdiction (Art. 137)

• Can review its own judgments

F. Curative Petition

• Introduced in 2002 (Rupa Ashok Hurra case)
• Last remedy after review petition is dismissed

Independence of Supreme Court

• Security of tenure
• Fixed service conditions
• Prohibition on practice after retirement
• Powers to punish for contempt
• Separation from executive (Art. 50)

Court of Record (Art. 129)

• SC proceedings and judgments are recorded
• Has power to punish for contempt of court

Other Powers

• Judicial Review: Can declare laws unconstitutional
• Guardian of the Constitution
• Binding Precedent: All courts in India must follow SC decisions (Art. 141)

Key Articles

Quick Revision Points

• CJI and other judges are appointed by President
• SC judge retires at 65 years
• Impeachment requires special majority in both Houses
• SC is Court of Record (Art. 129)
• Writs under Art. 32 are for FR only
• Review power under Article 137
• Curative petition – last legal resort after review is rejected
• SC’s law is binding under Article 141