Comprehensive Study Notes on the Supreme Court of India

Composition and Strength of the Supreme Court

• Determination of Strength: The Parliament of India determines the strength of the Supreme Court. This is accomplished through the passage of an act of law. The number of judges is increased as the necessity arises.

• Historical Growth: At its inception in the year $1950$, the Supreme Court was originally set at a strength of $8$ judges. Over time, the Parliament has gradually increased the total sanctioned strength to $34$ judges, which includes the Chief Justice of India and $33$ other judges.

• Full Strength Status: As of $August\,29,\,2025$, the swearing-in of Justices Alok Aradhe and Vipul M. Pancholi returned the Supreme Court to its full sanctioned judicial strength of $34$.

Qualifications and Appointment Process

• Qualifications for Judges: To be eligible for appointment as a judge of the Supreme Court, an individual must fulfill the following criteria:

  • Must be a citizen of India.

  • Must have served as a Judge of a High Court (or two or more such courts in succession) for at least $5$ years.

  • Alternatively, must have been an advocate of a High Court (or two or more such courts in succession) for at least $10$ years.

  • Alternatively, must be, in the opinion of the President, a distinguished jurist.

• Appointment Authority: The Judges of the Supreme Court are appointed by the President of India.

• Consultation Mechanism: Every judge is appointed by the President in consultation with the judges of the Supreme Court and of the High Courts, in addition to the Council of Ministers (Cabinet). When appointing a judge other than the Chief Justice, the Chief Justice of India must be consulted.

Independence of the Judiciary

• Security of Tenure: A judge of the Supreme Court holds office until reaching the age of $65$ years. A judge may resign voluntarily by submitting a resignation letter to the President. Removal before the age of retirement is only possible through a specific legal procedure.

• Impeachment Procedure: The procedure for the removal of a Supreme Court judge is termed impeachment. A judge can only be removed by an order of the President on the grounds of proved misbehavior or incapacity.

• Financial Security: The salaries, allowances, and other emoluments of the judges are decided by Parliament. These are charged to the Consolidated Fund of India and are not subject to a vote in Parliament. Salaries and allowances cannot be changed to their disadvantage during their term of office.

• Reduction of Salaries: The salaries of judges can only be reduced during a period of financial emergency.

• Punishment for Contempt of Court: The Supreme Court possesses the authority to punish individuals or authorities for contempt of court if they attempt to lower the court's authority or disobey its orders.

• Legislative Restrictions: The conduct of judges in the discharge of their duties cannot be discussed in the Legislature.

• Post-Retirement Restriction: Judges are prohibited from practicing law in any court or before any authority after their retirement.

Single Integrated Judicial System

• Definition and Hierarchy: India maintains a single integrated system of courts with the Supreme Court at the absolute apex. Unlike systems with separate federal and state laws, a single civil and criminal system operates throughout the entire country.

• Supervisory Role: The Supreme Court serves as the head of the entire judicial system. It does not merely supervise but also exercises direct control over the functioning of all other courts in India.

• Appellate Linkage: All cases originating in lower courts can be moved to the High Courts and ultimately reach the Supreme Court by way of appeal.

Original Jurisdiction

• Definition: Original jurisdiction refers to the power of the court to hear and determine a dispute in the first instance. These are cases that cannot be initiated in any court other than the Supreme Court.

• Center-State and Inter-State Disputes: The Supreme Court has exclusive original jurisdiction in disputes between:

  • The Government of India and one or more States.

  • The Government of India and any State or States on one side and one or more States on the other.

  • Two or more States.

• Protection of Fundamental Rights: Individuals may move the Supreme Court directly in cases involving the violation of Fundamental Rights. In such instances, the court applies its original jurisdiction.

• Transfer of Cases: The Supreme Court may transfer cases to itself from one or more High Courts if the cases involve significant questions of law or are of great public importance.

• Constitutional Interpretation: Cases requiring the interpretation of the Constitution can be filed directly in the Supreme Court.

Appellate Jurisdiction

• General Power: Appellate jurisdiction is the power of the Supreme Court to grant special leave to appeal against judgements delivered by any court within the country. This jurisdiction extends to constitutional, civil, and criminal cases.

• Constitutional Cases: Any matter, regardless of its nature, can be brought to the Supreme Court if a High Court issues a certificate stating that the case involves an important point of law requiring the interpretation of the Constitution.

• Civil Cases: Appeals lie to the Supreme Court if the High Court certifies that the case involves a substantial question of law of general importance that needs to be decided by the Supreme Court.

• Criminal Cases: Appeals in criminal cases can reach the Supreme Court under two conditions:

  • With a Certificate: When the High Court certifies that the case is fit for appeal to the Supreme Court.

  • Without a Certificate: A certificate is not required if the High Court has reversed a judgement of acquittal given by a lower court and sentenced the accused to death, or if the High Court has withdrawn a case from a subordinate court and sentenced the accused to death.

Advisory and Revisory Jurisdictions

• Advisory Jurisdiction (Article 143): The President of India may refer seeking the Supreme Court's opinion on any question of law or fact of public importance. This opinion is advisory in nature and is not binding on the Government.

• Scope of Advisory Matters: Advisory functions apply to:

  • Questions of public importance where the President deems it necessary to obtain the court’s opinion.

  • Disputes arising out of pre-constitution treaties and agreements that are otherwise excluded from original jurisdiction by Article $131$.

• Revisory Jurisdiction (Article 137): The Supreme Court is empowered to review any judgement or order it has previously made. This power exists to remove any mistakes or errors that may have crept into a judgement. As a court of record, its decisions have evidentiary value and cannot be questioned in other courts.

Judicial Review and Constitutional Guardianship

• Custodian of the Constitution: The Supreme Court is the final interpreter of the Constitution. It possesses the power of Judicial Review, allowing it to examine laws passed by the Union or State Legislatures.

• Ultra Vires Declarations: If the Parliament or a State Legislature passes a law that contravenes the letter or spirit of the Constitution, the Supreme Court can declare that law "ultra vires," null, and void.

• Significance of Judicial Review: This power maintains the balance of power between the Centre and the States. Since the legislature may lack the necessary impartiality or experience to interpret complex constitutional meanings, the Supreme Court performs this essential function.

Court of Record and Writs

• Court of Record: The Supreme Court is a Court of Record, meaning its judgements are recorded for permanent evidence and testimony. These records are preserved as precedents and can be produced in any court. It also holds the power to punish for contempt of itself.

• Definition of a Writ: A writ is a formal order from a judicial authority directing a person to perform a specific act or to refrain from performing a specific act.

• Types of Writs: The Supreme Court can issue several types of writs for the enforcement of Fundamental Rights:

  • Habeas Corpus: Used for legal remedies in cases of detention, such as when a person is not produced before a magistrate within $24$ hours of arrest.

  • Mandamus: An order to perform a public or statutory duty.

  • Prohibition: To prevent a lower court from exceeding its jurisdiction.

  • Quo Warranto: To challenge a person's right to hold a public office.

  • Certiorari: To quash the order of a lower court.

Key Definitions and Review Points

• PIL (Public Interest Litigation): A legal action initiated in a court of law for the protection of public interest. On $April\,16,\,2018$, the Supreme Court dismissed a PIL challenging the perks given to former Parliamentarians.

• Physical Location: The building of the Supreme Court of India is located in New Delhi. It is the apex court of the nation.

• Constitutional Minimum for Deciding Interpretation: The minimum number of judges required to hear and decide a case involving the interpretation of the Constitution is $5$.

• Numerical Facts Summary:

  • Retirement Age: $65$

  • Current Strength: $34$

  • Original Strength ($1950$): $8$

  • High Court Judge Qualification: $5$ years

  • High Court Advocate Qualification: $10$ years