Supreme Court of India: Composition, Independence & Jurisdiction (UPSC Polity)

Integrated Judiciary & Constitutional Framework

🎯 Exam priority: High-yield. The Supreme Court is a T1 block. Prelims returns to collegium vs NJAC, age of retirement, removal (special majority), ad hoc / acting judges, original vs writ vs advisory jurisdiction, Special Leave under Article 136, and India–USA comparisons. Learn every jurisdiction with its Article and its limits — that is where traps live.

India has an integrated judicial system: one hierarchy of courts — Supreme Court at the top, High Courts below it, then district and subordinate courts — enforcing both Central and State laws. The model comes from the Government of India Act, 1935. The USA, by contrast, runs a dual system (separate federal courts for federal law; state courts for state law).

• The Supreme Court of India was inaugurated on 28 January 1950. It succeeded the Federal Court (1935) and also replaced the British Privy Council as the final court of appeal — so its reach is wider than the Federal Court's was.

• Articles 124 to 147 in Part V deal with organisation, independence, jurisdiction and procedure. Parliament may regulate and enlarge these powers, but it cannot curtail the jurisdiction the Constitution guarantees.

Composition, Appointment & the Collegium

Composition numbers and the appointment story (especially the collegium) are perennial Prelims favourites.

Strength of the Court

• At present the Court has 34 judges — one Chief Justice of India (CJI) and 33 other judges. Originally Article 124 fixed eight (CJI + 7). Parliament raised the other-judge ceiling step by step: 10 (1956), 13 (1960), 17 (1977), 25 (1986), 30 (2008), 33 (2019).

Appointment — text of the Constitution

• Judges are appointed by the President. For the CJI, the President consults such judges of the Supreme Court and High Courts as he deems necessary. For other judges, consultation with the CJI is obligatory, plus such other judges as the President deems necessary.

What does "consultation" mean? — the Judges cases

• First Judges Case (1981): consultation ≠ concurrence — only an exchange of views; the executive's view could prevail.

• Second Judges Case (1993): consultation = concurrence. The CJI's advice binds the President. The CJI must consult his two seniormost colleagues before advising. The Court also restored the convention that the seniormost Supreme Court judge alone becomes CJI (after the supersessions of 1973 — A.N. Ray over three seniors — and 1977 — M.U. Beg).

• Third Judges Case (1998): the CJI must consult a collegium of four seniormost Supreme Court judges (plurality). Even if two of those four disagree, the recommendation should not go to the government. A recommendation that skips these norms is not binding.

• So the collegium for Supreme Court appointments is the CJI + four seniormost colleagues. (High Court appointments use a different collegium mix — covered with High Courts.)

NJAC — tried and struck down

• The 99th Constitutional Amendment (2014) and the National Judicial Appointments Commission (NJAC) Act, 2014 sought to replace the collegium with a multi-member commission (CJI, two senior SC judges, the Union Law Minister, and two eminent persons). In the Fourth Judges Case (2015) the Supreme Court held both the Amendment and the Act unconstitutional — they would damage judicial independence — and the collegium returned.

Qualifications, Tenure, Removal & Temporary Judges

Qualifications, age, removal and temporary judges — every bullet here has been turned into a Prelims option.

Qualifications (Article 124)

• Citizen of India; and either (a) High Court judge for five years (or courts in succession), or (b) High Court advocate for ten years, or (c) a distinguished jurist in the President's opinion. No minimum age is fixed for appointment.

• Before entering office the judge takes an oath before the President (or a person appointed by him) to bear true faith to the Constitution, uphold sovereignty and integrity, perform duties without fear or favour, and uphold the Constitution and the laws.

• Salaries and allowances are fixed by Parliament and cannot be varied to a judge's disadvantage after appointment — except during a financial emergency (Article 360). Expenses of the Court are charged on the Consolidated Fund of India (non-votable, though discussable).

Tenure

• No fixed term of years. A judge holds office until age 65 (High Court judges retire at 62 — a classic comparison trap). He may resign to the President, or be removed by the process below. Any age dispute is decided as Parliament provides.

Removal (impeachment-style process)

• Only on grounds of proved misbehaviour or incapacity. The President issues the removal order only after each House presents an address in the same session, passed by a special majority: majority of the total membership of that House and a majority of not less than two-thirds of members present and voting.

• Judges (Inquiry) Act, 1968 procedure: (1) removal motion signed by 100 Lok Sabha members or 50 Rajya Sabha members, given to the Speaker/Chairman; (2) Speaker/Chairman may admit or refuse; (3) if admitted, a three-member inquiry committee — a Supreme Court judge (or CJI), a High Court Chief Justice, and a distinguished jurist; (4) if the committee finds guilt, each House may pass the motion by special majority; (5) address to the President; (6) Presidential order of removal.

• No Supreme Court judge has been removed so far. Justice V. Ramaswami (1991–93) was found guilty by the inquiry committee, but the motion failed in the Lok Sabha when the Congress Party abstained.

Acting, ad hoc and retired judges

• Acting Chief Justice: the President may appoint a Supreme Court judge as Acting CJI when the office is vacant, or the CJI is temporarily absent, or unable to perform duties.

• Ad hoc judge (Article 127): when there is lack of quorum (minimum number of permanent judges needed to hold a sitting), the CJI — after consulting the Chief Justice of the High Court concerned and with the President's prior consent — may appoint a High Court judge (who is qualified for the Supreme Court) as an ad hoc Supreme Court judge for a temporary period. That judge must attend Supreme Court sittings in priority to other duties and enjoys the same jurisdiction and privileges while sitting.

• Retired judge (Article 128): the CJI may, with the President's prior consent and the person's consent, request a retired Supreme Court or High Court judge (qualified for the Supreme Court) to sit temporarily. He gets allowances as the President determines and the powers of a judge while sitting — but is not otherwise deemed a Supreme Court judge.

Seat and benches

• Seat is Delhi. The CJI may appoint other places as seat only with the President's approval — optional, not compulsory; no court can direct that a second seat be created.

• Constitutional cases and Article 143 Presidential references are decided by a Bench (panel of judges sitting together) of at least five judges. Other cases go to single judges or division benches (usually two or three judges). Judgements are by majority in open court; dissent is allowed.

Independence of the Supreme Court

Independence is not one provision — it is a package. Prelims often asks which of the following safeguard autonomy.

Nine constitutional safeguards

• 1. Mode of appointment: President (cabinet) must consult the judiciary itself — curtails pure political packing.

• 2. Security of tenure: judges do not hold office during the pleasure of the President; removal only by the constitutional impeachment-style process.

• 3. Fixed service conditions: salaries/allowances cannot be reduced to their disadvantage after appointment (except in a financial emergency).

• 4. Expenses charged on the Consolidated Fund: salaries, pensions and administrative expenses are non-votable (though discussable).

• 5. Conduct cannot be discussed in Parliament or a State Legislature except when an impeachment motion is under consideration.

• 6. Ban on practice after retirement: a retired Supreme Court judge cannot plead or act in any court or before any authority in India.

• 7. Power to punish for contempt: protects authority and dignity (see Court of Record below).

• 8. Freedom to appoint staff: the CJI appoints officers and servants and fixes their service conditions without executive interference.

• 9. Jurisdiction cannot be curtailed: Parliament may enlarge jurisdiction; it cannot cut what the Constitution guarantees.

Original & Writ Jurisdiction

Map four big labels — original, writ, appellate, advisory — before memorising sub-rules. Each has a different party structure and a different exclusivity rule.

1. Original jurisdiction (federal disputes — Article 131)

• Exclusive power to decide disputes: (a) Centre vs one or more States; (b) Centre + State(s) vs other State(s); (c) State vs State. Exclusive = no other court; original = first instance, not appeal.

• The dispute must involve a question of law or fact on which the existence or extent of a legal right depends — pure political questions are out. A private citizen cannot sue the Centre or a State under this head.

• Excluded from this jurisdiction: (i) disputes from pre-Constitution treaties, agreements, covenants or sanads (grants/charters from earlier rulers) that continue after commencement (or that exclude SC jurisdiction); (ii) inter-State river water disputes (special tribunal route under Article 262 / parliamentary law); (iii) matters referred to the Finance Commission (the constitutional body that recommends Centre–State financial transfers); (iv) certain expense/pension adjustments between Centre and States.

• First suit under this head: West Bengal vs Centre (1961) challenging the Coal Bearing Areas Act, 1957 — Court upheld the Act and dismissed the suit.

2. Writ jurisdiction (Fundamental Rights — Article 32)

• The Court is guarantor of Fundamental Rights. It may issue the five writs — habeas corpus (produce the detained person), mandamus (command a public authority to perform a duty), prohibition (stop a lower court/tribunal from exceeding jurisdiction), certiorari (quash an order of a lower court/tribunal), quo warranto (ask by what authority a person holds a public office) — to enforce Fundamental Rights. An aggrieved person may come directly (original in that sense).

• Not exclusive: High Courts also issue writs under Article 226. For Fundamental Rights you may move either court.

• Narrower than High Courts: the Supreme Court issues writs only for Fundamental Rights (unless Parliament confers wider power). High Courts issue writs for Fundamental Rights and for other legal rights — so High Court writ jurisdiction is wider.

• Contrast with Article 131: federal original jurisdiction is exclusive and involves units of the federation; writ jurisdiction is concurrent with High Courts and typically involves citizen vs government.

Appellate & Advisory Jurisdiction

The Court is primarily a court of appeal. Four appellate heads — constitutional, civil, criminal, and special leave — each have different certificate rules.

3. Appellate jurisdiction

• (a) Constitutional matters: appeal from a High Court if it certifies a substantial question of law requiring interpretation of the Constitution. The party then argues the question was wrongly decided.

• (b) Civil matters: appeal if the High Court certifies (i) a substantial question of law of general importance, and (ii) that the Supreme Court should decide it. The old ₹20,000 monetary floor was removed by the 30th Amendment (1972).

• (c) Criminal matters: appeal as of right (no certificate) when the High Court on appeal reverses an acquittal and sentences to death, or takes up a case from a subordinate court, convicts, and sentences to death. Also when the High Court certifies fitness for appeal. Parliament in 1970 enlarged this: similar appeals lie for life imprisonment or imprisonment of ten years or more. If the High Court reverses conviction and acquits, there is no automatic right of appeal to the Supreme Court.

• (d) Appeal by Special Leave — Article 136: the Court may, in its discretion, grant special leave to appeal from any judgement, decree, determination, sentence or order of any court or tribunal in India — except military tribunals and courts-martial. Four exam points: (i) discretionary, not a right; (ii) final or interlocutory (interim / mid-case orders, not only final judgements); (iii) any matter (constitutional, civil, criminal, tax, labour, etc.); (iv) against any court/tribunal, not only High Courts (military courts excluded).

4. Advisory jurisdiction (Article 143)

• The President may seek the Court's opinion on: (a) any question of law or fact of public importance that has arisen or may arise; (b) any dispute from a pre-Constitution treaty/agreement/covenant/sanad excluded from original jurisdiction.

• On (a) the Court may refuse; on (b) it must advise. In both cases the opinion is advisory only — not binding on the President. It is not a judicial pronouncement. About fifteen references have been made since 1950 (e.g. Delhi Laws Act 1951, Berubari 1960, Keshav Singh privileges 1964, Cauvery Tribunal 1992, Third Judges reference 1998, 2G spectrum / natural resources auction).

Court of Record, Review Powers & Other Powers

Court of Record, judicial review (preview), review/curative petitions, and residual powers close the institutional picture. Full doctrine of judicial review, activism and PIL come in the next article.

5. Court of Record (Article 129)

• Two powers: (a) judgements, proceedings and acts are recorded for perpetual memory — they have evidentiary value and serve as precedents; (b) power to punish for contempt of itself. In 1991 the Court held it can also punish contempt of High Courts, subordinate courts and tribunals across India.

• Contempt of Courts Act, 1971: civil contempt = wilful disobedience of a court order/process or wilful breach of an undertaking; criminal contempt = publication or act that scandalises/lowers authority of a court, prejudices a proceeding, or obstructs justice. Fair and accurate reporting and fair criticism of judicial acts are protected. Punishment: simple imprisonment up to six months, or fine up to ₹2,000, or both.

6. Judicial review (preview)

• Power to examine the constitutionality of Central and State laws and executive orders. If ultra vires (beyond legal power / violative of the Constitution), they can be struck down as null and void. India's rights review traditionally tracks "procedure established by law" (Article 21's text) more than the US "due process of law" — though case law has narrowed the gap. Deep doctrine, basic structure link, activism and PIL → next article.

7. Review and curative petitions

• Review: the Court may review its own judgement/order. Petition normally within 30 days, before the same judge/bench, on grounds of new important evidence, error apparent on the face of the record, or other sufficient reason.

• Curative petition (after review is dismissed): a rare further reconsideration to cure gross miscarriage of justice — e.g. violation of natural justice, bias of the judge, abuse of process.

8. Other powers

• Decides Presidential and Vice-Presidential election disputes — original, exclusive and final.

• On Presidential reference, inquires into alleged misbehaviour of the chair and members of the UPSC (Union Public Service Commission), a SPSC (State Public Service Commission), or a JSPSC (Joint State Public Service Commission); its advice here is binding on the President for removal — do not confuse this with non-binding Article 143 opinions.

• May withdraw cases from High Courts and decide them, or transfer a case/appeal from one High Court to another.

• Its law binds all courts in India (Article 141); decrees are enforceable throughout the territory; all authorities must act in its aid (Article 144). It has judicial superintendence over courts and tribunals nationwide.

• Parliament may enlarge jurisdiction on Union List matters; Centre–State special agreement may enlarge it on other matters.

India vs USA Supreme Courts & Why UPSC Asks This

Comparison tables are exam weapons — learn both columns.

Further Reading

• Standard NCERT-level texts and reference books on the Indian Constitution and Polity (any UPSC reading list).

• The Constitution of India (Bare Act) — Articles 124 to 147 (Supreme Court) and Article 32 (writs for Fundamental Rights).

Why UPSC asks this

• Appointment and independence (collegium, NJAC, security of tenure) test separation of powers.

• Jurisdiction labels (131 / 32 / 136 / 143) are pure Prelims pattern-matching — one wrong adjective fails the question.

• India–USA differences and SC vs HC writ width are comparison staples for both Prelims and Mains.

Test Yourself: Practice Questions & PYQs

Supreme Court practice — strength, collegium/NJAC, tenure and removal, ad hoc judges, Articles 131/32/136/143, and India–USA contrasts. Then verified Prelims PYQs.

Practice Questions

Q1. The present sanctioned strength of the Supreme Court of India is:

• (a) 34 judges including the Chief Justice (CJI + 33 others)

• (b) 31 judges including the Chief Justice

• (c) CJI + 25 other judges

• (d) 26 judges including the Chief Justice

Q2. In the Second Judges Case (1993), the Supreme Court held that:

• (a) NJAC replaces the collegium

• (b) The Law Minister alone decides appointments

• (c) Consultation means only an exchange of views

• (d) Consultation means concurrence and the CJI's advice (after consulting colleagues) binds the President

Q3. The National Judicial Appointments Commission was:

• (a) Created by the 42nd Amendment and still in force

• (b) Never enacted by Parliament

• (c) A statutory body under Article 124 from 1950

• (d) Created by the 99th Amendment (2014) and struck down as unconstitutional in 2015

Q4. A judge of the Supreme Court retires at the age of:

• (a) 70 years

• (b) 60 years

• (c) 65 years

• (d) 62 years

Q5. Removal of a Supreme Court judge requires in each House:

• (a) Unanimous consent of both Houses

• (b) Special majority: majority of total membership and two-thirds of members present and voting

• (c) Two-thirds of total membership only

• (d) Simple majority of members present and voting

Q6. An ad hoc judge of the Supreme Court is appointed from among:

• (a) Any distinguished jurist named by the Law Minister alone

• (b) Sitting High Court judges (qualified for the Supreme Court), when there is lack of quorum

• (c) Members of the Bar Council of India

• (d) Retired district judges

Q7. Disputes between the Centre and a State under Article 131 fall under the Supreme Court's:

• (a) Advisory jurisdiction

• (b) Writ jurisdiction only

• (c) Exclusive original jurisdiction

• (d) Appellate jurisdiction

Q8. Which of the following is excluded from the Supreme Court's original jurisdiction under Article 131?

• (a) Inter-State river water disputes

• (b) Centre and one State vs another State

• (c) State vs State boundary disputes of a legal character

• (d) Centre vs State disputes involving legal rights

Q9. Compared with High Courts under Article 226, the Supreme Court's writ power under Article 32 is:

• (a) Identical in every respect

• (b) Wider, because it covers all legal rights

• (c) Narrower, because it is generally limited to enforcement of Fundamental Rights

• (d) Unavailable to citizens

Q10. Special Leave to Appeal under Article 136:

• (a) Applies only against High Court judgements in constitutional cases

• (b) Is available only in criminal matters involving the death penalty

• (c) Is a matter of right in every civil case above ₹20,000

• (d) Is discretionary and can be granted against any court or tribunal except military courts

Q11. Under Article 143, the Supreme Court's opinion to the President is:

• (a) Binding only if a five-judge Bench sits

• (b) Always binding like a decree

• (c) Advisory only and not binding on the President

• (d) Binding only in the first category of references

Q12. Which statement about the seat of the Supreme Court is correct?

• (a) Parliament alone decides the seat without involving the CJI

• (b) Each State capital must host a Supreme Court bench

• (c) Delhi is the seat; the CJI may appoint other places with the President's approval (optional)

• (d) It must sit only in Delhi; no other place is constitutionally possible

UPSC Previous Year Questions (PYQs)

Ten verified Prelims questions. Pattern: Centre–State disputes as original jurisdiction (2015); custodian of the Constitution (2015); Parliament's power to increase judge strength (2019); Article 142 (2019); 39th/44th Amendment trap (2020); retired-judge myths (2021); autonomy safeguards (2012); HC/SC removal and practice ban (2007); original-jurisdiction inclusions (2012); Article 143 advisory nature.

Q13. The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its: (UPSC Prelims 2015)

• (a) writ jurisdiction

• (b) original jurisdiction

• (c) advisory jurisdiction

• (d) appellate jurisdiction

Q14. Who/Which of the following is the custodian of the Constitution of India? (UPSC Prelims 2015)

• (a) The President of India

• (b) The Prime Minister of India

• (c) The Lok Sabha Secretariat

• (d) The Supreme Court of India

Q15. The power to increase the number of judges in the Supreme Court of India is vested in: (UPSC Prelims 2019)

• (a) the Chief Justice of India

• (b) the Law Commission

• (c) the Parliament

• (d) the President of India

Q16. With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following? (UPSC Prelims 2019)

• (a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.

• (b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.

• (c) In the event of a grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.

• (d) State Legislatures cannot make laws on certain matters without the concurrence of the Union Legislature.

Q17. Consider the following statements: (1) The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review. (2) The Supreme Court of India upheld the subsequent deletion of this Article since it was against the basic structure of the Constitution. Which of the statements given above is/are correct? (UPSC Prelims 2020)

• (a) 1 only

• (b) Both 1 and 2

• (c) 2 only

• (d) Neither 1 nor 2

Q18. With reference to Indian judiciary, consider the following statements: (1) Any retired judge of the Supreme Court of India can be appointed as an acting judge of the High Court of any State by the Chief Justice of India with previous consent of the President. (2) A High Court of a State cannot have more judges than that of the Supreme Court of India at any point of time. Which is/are correct? (UPSC Prelims 2021)

• (a) 2 only

• (b) Neither 1 nor 2

• (c) 1 only

• (d) Both 1 and 2

Q19. What is the provision to safeguard the autonomy of the Supreme Court of India? (1) While appointing the Supreme Court Judges, the President shall consult the Chief Justice of India. (2) The Supreme Court Judges can be removed by the Chief Justice of India only. (3) The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote. (4) All appointments of officers and staffs of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India. Which of the statements given above is/are correct? (UPSC Prelims 2012)

• (a) 1, 2, 3 and 4

• (b) 4 only

• (c) 3 and 4 only

• (d) 1 and 3 only

Q20. Consider the following statements: (1) The mode of removal of a Judge of a High Court is same as that of a Judge of the Supreme Court. (2) After retirement from the office, a Judge of a High Court can plead or act in any court or before any authority in India. Which of the statements given above is/are correct? (UPSC Prelims 2007)

• (a) Both 1 and 2

• (b) 2 only

• (c) Neither 1 nor 2

• (d) 1 only

Q21. Which of the following are included in the original jurisdiction of the Supreme Court? (1) A dispute between the Government of India and one or more States (2) A dispute regarding elections to either House of the Parliament or that of Legislature of a State (3) A dispute between the Government of India and a Union Territory (4) A dispute between two or more States Select the correct answer: (UPSC Prelims 2012)

• (a) 3 and 4

• (b) 2 and 3

• (c) 1 and 2

• (d) 1 and 4

Q22. The Supreme Court of India tenders advice to the President on a matter of law or fact: (UPSC Prelims classic / Article 143 pattern)

• (a) only if the matter concerns a dispute between the Centre and a State

• (b) only if the issue relates to the fundamental rights of citizens

• (c) on a reference made by the President, and the advice is not binding

• (d) on a reference made by the President, and the advice is binding like a decree

Mains Practice Questions

Use these to frame full-length answers. You don't have to answer one exactly — they show the angles UPSC tests, so let them guide which points you cover.

• Explain the collegium system for Supreme Court appointments and how the Judges cases changed the meaning of consultation.

• Distinguish the Supreme Court's original jurisdiction under Article 131 from its writ jurisdiction under Article 32.

• What is Special Leave under Article 136? List its four characteristic features.

• When must the Supreme Court advise the President under Article 143, and is the advice binding?

• Compare the Supreme Court of India with the Supreme Court of the USA on jurisdiction and rights standards.

• List the constitutional safeguards of the independence of the Supreme Court.