- Composition: Chief Justice of India + 33 judges (since 2019).
- Qualifications: Indian citizen; 5 years HC judge / 10 years HC advocate / distinguished jurist.
- Appointment: Appointed by the President in consultation with CJI and judges.
- Term: Holds office till 65 years; can resign to the President.
- Removal: Only by impeachment by Parliament for misbehaviour/incapacity.
- Seat: New Delhi (or any place decided by CJI with President’s approval).
Key Points
Key Points: The Judiciary
- India has a single integrated judiciary with the Supreme Court at the apex.
- There is one uniform civil and criminal law for the whole country.
- Appeals move upward from lower courts → High Courts → Supreme Court.
- The judiciary is independent, protecting rights and democracy.
- The Supreme Court safeguards the Constitution and federal balance.
Key Points: The Supreme Court
Key Points: Independence of Judiciary from the Control of Executive and Legislature
- Judges’ appointment involves judiciary + executive, not legislature alone.
- Removal is difficult – only by impeachment with 2/3rd majority of Parliament.
- Security of tenure – judges serve till 65 years.
- Salaries & service conditions protected; charged on Consolidated Fund.
- Free and fearless decisions; protected by contempt of court powers.
- Independent working – controls its own procedures and staff.
- No discussion in Parliament on judges’ conduct (except impeachment).
- No practice after retirement, ensuring impartiality.
Key Points: Original Jurisdiction
- Hears cases for the first time, not appealed from lower courts.
- Decides Centre–State and inter-State disputes exclusively.
- Protects Fundamental Rights by issuing writs.
- Can transfer important cases between High Courts or to itself.
- Has final authority on interpretation of the Constitution.
Key Points: Appellate Jurisdiction
- Supreme Court is the final court of appeal in India.
- Hears appeals from High Courts in constitutional, civil, and criminal cases.
- Constitutional cases: when a High Court certifies an important constitutional question (or SC grants special leave).
- Civil cases: when a substantial question of law of general importance is involved.
- Criminal cases: especially where a death sentence is awarded or acquittal is reversed; others need High Court certification or special leave.
Key Points: Advisory Jurisdiction
- Supreme Court gives legal advice to the President on matters of public importance.
- Advice is given on questions of law or fact referred by the President.
- Such opinions are advisory, not binding on the government.
- It also advises on pre-Constitution treaties and agreements.
Key Points: Revisory Jurisdiction
- Under Article 137, the Supreme Court can review its own judgments.
- Done to correct errors or mistakes in its decisions.
- Supreme Court is a court of record.
- Its decisions have final legal value and cannot be questioned elsewhere.
Key Points: Judicial Review
- Can declare laws ultra vires (unconstitutional).
- Applies to Union & State laws and executive orders.
- Minimum 5 judges for constitutional cases.
- Judgments act as precedents.
- Can be punished for contempt of court.
Thus, the Supreme Court is the final interpreter and guardian of the Constitution.
Key Points: Functions of the Supreme Court
- Apex & Guardian Court: Supreme Court is the highest court of India and the guardian of the Constitution, ensuring rule of law and democracy.
- Single Integrated Judiciary: Heads a unified judicial system with High Courts and subordinate courts; its decisions bind all courts.
- Independence of Judiciary: Judges have secure tenure, fixed salaries, difficult removal (impeachment), and protection from executive or legislative pressure.
- Wide Jurisdiction: Exercises Original (Centre–State disputes, Fundamental Rights), Appellate (civil, criminal, constitutional cases), Advisory, Revisional, and Special Leave jurisdiction.
- Judicial Review: Can declare laws and executive actions unconstitutional (ultra vires) if they violate the Constitution.
- Protector of Fundamental Rights: Direct access to citizens; issues writs—Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-warranto.
- Court of Record: Judgments act as precedents for all courts and it can punish for contempt of court.
Important Questions [26]
- The judiciary is the system of courts that interprets and guards the Indian Constitution. answer the following: What is the composition of the Supreme Court?
- The Country’S Judicial System Has a Supreme Court at Its Apex. in this Context, Discuss the Following Manner of the Appointment of Judges
- The Country’S Judicial System Has a Supreme Court at Its Apex. in this Context, Discuss the Following: Term of Office and Removal of Judges
- Explain the Composition of Supreme Court.
- How Are the Judges of the Supreme Court Appointed?
- The Supreme Court Has Extensive Jurisdiction. in the Light of this Statement, Answer the Following Questions: What Are the Qualifications of the Judges of the Supreme Court?
- On what grounds can a Supreme Court Judge be removed from office?
- Our Judicial System Has a Supreme Court at Its Apex, Followed by the High Court and Other Subordinate Courts. in the Light of this Statement, Explain the Following: Any Three Ways by Which the Constitution Ensures the Independence of the Judiciary.
- Mention any two ways in which the Constitution ensures the independence of the Judiciary from the Executive.
- Why is the Supreme Court Described as a ‘Court of Record’?
- The Supreme Court is the head of the entire system of judiciary. Mention any three cases which come under the Original Jurisdiction of the Supreme Court.
- When the Supreme Court reviews any judgement made by it to remove an error, it falls under ______ jurisdiction.
- The judiciary is the system of courts that interprets and guards the Indian Constitution. What is meant by the term 'Original Jurisdiction'?
- Our Judicial System Has a Supreme Court at Its Apex, Followed by the High Court and Other Subordinate Courts. in the Light of this Statement, Explain the Following: Any Three Types of Cases in Which the Supreme Court Exercises Its Original Jurisdiction.
- Our Judicial System Has a Supreme Court at Its Apex, Followed by the High Court and Other Subordinate Courts. in the Light of this Statement, Explain the Following: ‘Advisory’ and ‘Revisory’ Jurisdiction of the Supreme Court.
- Explain the Cases in Which the Supreme Court Enjoys Original Jurisdic
- With Reference to Our Judiciary, Discuss the Following Why is the Judiciary Kept Independent of the Control of the Executive and the Legislature
- What Do We Mean When We Refer to the Supreme Court and the High Court as a 'Court of Record'?
- With Reference to the Supreme Court, Explain Its Functions Stated Below: Advisory Function.
- The Country’S Judicial System Has a Supreme Court at Its Apex. in this Context, Discuss the Following: Its Power of ‘Judicial Review’.
- What is Meant by Appellate Jurisdiction of the Supreme Court ?
- The judiciary is the system of courts that interprets and guards the Indian Constitution. With reference to the Supreme Court of India, answer the following: Explain the power of Judicial Review.
- Mention any two writs issued by the High Court.
- With Reference to the Supreme Court, Explain Its Functions Stated Below: as a Guardian of Fundamental Rights
- Name Any Two Writs Issued by the Supreme Court.
- Name the Courts that Are Empowered to Issue Writs for the Enforcement of Fundamental Rights.
