PrepYodhaClass Notes ยท Polity
Polity ยท Chapter 09

The Supreme Court

The Supreme Court of India is the highest judicial authority and the guardian of the Constitution. These notes trace its history from the colonial Regulating Act through the Federal Court to its first sitting in 1950, then cover its key Articles (Article 124 to Article 147), composition, the office of the Chief Justice, appointment through the collegium, eligibility and retirement, its original, appellate and advisory jurisdictions, the power of judicial review, and finally the removal of judges by impeachment.

๐Ÿ‘จโ€โš–๏ธ 11 topics๐ŸŽฏ 102+ points๐Ÿ“ self-test
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Topic 01

Historical Background

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The present Supreme Court is the successor to a long line of colonial-era courts, evolving step by step into the apex court of independent India.

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Key Point
The Regulating Act of 1773 established the Supreme Court of Judicature at Calcutta as a Court of Record with full power and authority.
From the Regulating Act to the Supreme Court of India
  • The Supreme Courts at Madras and Bombay were established by King George III in 1800 and 1823 respectively.
  • The India High Courts Act 1861 created High Courts for the provinces and abolished the Supreme Courts at Calcutta, Madras and Bombay, along with the Sadar Adalats in the Presidency towns.
  • These High Courts remained the highest courts for all cases until the Federal Court of India was created under the Government of India Act 1935.
  • The Federal Court of India was established in 1937.
  • The Supreme Court of India came into existence and held its first sitting on 28 January 1950.
๐Ÿ“ Quick self-test 2 MCQs ยท 2 fill-ups

Which Act established the Supreme Court of Judicature at Calcutta as a Court of Record?

  1. India High Courts Act 1861
  2. Regulating Act of 1773
  3. Government of India Act 1935
  4. Charter Act 1833
โœ” B. Regulating Act of 1773 โ€” The Regulating Act of 1773 established the Supreme Court of Judicature at Calcutta.

On which date did the Supreme Court of India hold its first sitting?

  1. 26 January 1950
  2. 28 January 1950
  3. 15 August 1947
  4. 26 November 1949
โœ” B. 28 January 1950 โ€” The Supreme Court of India held its first sitting on 28 January 1950.

The Federal Court of India was established in the year .

โœ” 1937

The India High Courts Act created High Courts and abolished the Supreme Courts at Calcutta, Madras and Bombay.

โœ” 1861
๐Ÿ“–
Topic 02

Establishment & Key Articles (`Article 124`โ€“`Article 147`)

The Supreme Court is established under Part V, Chapter IV of the Constitution, with Article 124 as its foundational provision.

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Key Point
Article 124 โ€” Establishment and constitution of the Supreme Court.
Article 124 โ€” Establishment and constitution
  • Article 124(1) โ€” There shall be a Supreme Court comprising the CJI (Chief Justice of India) and other judges.
  • Article 124(2) โ€” Judges are appointed by the President.
  • Article 124(3) โ€” Qualifications of Supreme Court judges.
  • Article 124(4) โ€” Impeachment (removal of judges).
  • The first Chief Justice of India was Harilal Jekisundas Kania.
  • The provisions governing the Supreme Court run from Article 124 to Article 147 in Part V, Chapter IV of the Constitution.
๐Ÿ“ Quick self-test 2 MCQs ยท 2 fill-ups

Which Article deals with the establishment and constitution of the Supreme Court?

  1. Article 124
  2. Article 130
  3. Article 141
  4. Article 143
โœ” A. Article 124 โ€” Article 124 deals with the establishment and constitution of the Supreme Court.

Who was the first Chief Justice of India?

  1. Fatima Beevi
  2. M. Hidayatullah
  3. Harilal Jekisundas Kania
  4. K.S. Hegde
โœ” C. Harilal Jekisundas Kania โ€” Harilal Jekisundas Kania was the first Chief Justice of India.

The provisions governing the Supreme Court run from Article 124 to Article .

โœ” 147

Under Article 124(2), the judges of the Supreme Court are appointed by the .

โœ” President
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Topic 03

Important Facts

A set of high-frequency exam facts about the Court's seat, salary and notable "firsts".

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Key Point
The Chief Justice and other judges are appointed by the President.
Key facts to remember
  • Salary is paid from the Consolidated Fund of India โ€” about Rs. 2.8 Lakh per month.
  • First woman judge of the Supreme Court โ€” Fatima Beevi.
  • First judge to act as President โ€” Justice M. Hidayatullah.
  • Supreme Court judge who also became Speaker โ€” K.S. Hegde.
  • The seat of the Supreme Court is Delhi under Article 130; the CJI has the power to assign other place(s) as the seat of the Supreme Court.
  • The Supreme Court is the highest judicial authority and the guardian of the Constitution.
๐Ÿ“ Quick self-test 2 MCQs ยท 2 fill-ups

From which fund is the salary of Supreme Court judges paid?

  1. Contingency Fund of India
  2. Consolidated Fund of India
  3. Public Account of India
  4. National Reserve Fund
โœ” B. Consolidated Fund of India โ€” The salary is paid from the Consolidated Fund of India.

Who was the first woman judge of the Supreme Court?

  1. Fatima Beevi
  2. Pratibha Patil
  3. Leila Seth
  4. Indira Banerjee
โœ” A. Fatima Beevi โ€” Fatima Beevi was the first woman judge of the Supreme Court.

The seat of the Supreme Court is Delhi under Article .

โœ” 130

The first Supreme Court judge to act as President was Justice M. .

โœ” Hidayatullah
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Topic 04

Eligibility, Term & Qualification

To be appointed a judge of the Supreme Court, a person must be a citizen of India and satisfy one of the experience or jurist criteria under Article 124(3).

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Key Point
A candidate must be a citizen of India with no mental disability and not insolvent.
Lead points
  • There is no minimum age prescribed, and the maximum is set by the retirement age of 65 years.
  • Supreme Court judges retire at 65 years.
Eligibility criteria โ€” at a glance
RequirementCriteria
CitizenshipCitizen of India
High Court judge experience5 years as a High Court judge
High Court advocate (lawyer) experience10 years as a High Court advocate
Distinguished juristIn the opinion of the President, a distinguished jurist
Mental conditionNo mental disability and not insolvent
Minimum ageNone (no minimum age prescribed)
Maximum age65 years (retirement age)
๐Ÿ“ Quick self-test 2 MCQs ยท 2 fill-ups

How many years of experience as a High Court advocate is required to be eligible as a Supreme Court judge?

  1. 5 years
  2. 10 years
  3. 15 years
  4. 20 years
โœ” B. 10 years โ€” A candidate needs 10 years as a High Court advocate.

What is the retirement age of a Supreme Court judge?

  1. 60 years
  2. 62 years
  3. 65 years
  4. 70 years
โœ” C. 65 years โ€” Supreme Court judges retire at 65 years.

A candidate needs years of experience as a High Court judge to be eligible.

โœ” 5

There is no age prescribed for appointment as a Supreme Court judge.

โœ” minimum
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Topic 05

Composition & Number of Judges

The strength of the Court has grown from its original 8 judges to 34, and judges sit in benches of varying size depending on the importance of the case.

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Key Point
Originally the Supreme Court had 8 judges (1 Chief Justice + 7 others).
Strength and benches
  • At present there are 34 judges (1 CJI + 33 judges) (as on May 2024, approx.).
  • Judges sit in benches of 2 or 3 โ€” a Division Bench, or in benches of 5 or more โ€” a Constitutional Bench.
  • A Full Court means all judges of the Supreme Court sit together in one bench.
  • The largest bench was constituted in 1973 in Kesavananda Bharati v. State of Kerala โ€” a bench of 13 judges (decision 7:6, with Kesavananda Bharati winning the case).
  • Retirement age of a Supreme Court judge โ€” 65 years.
Parliament's powers over the Court
  • Parliament can increase or decrease the number of judges under Article 145.
  • Salaries and service conditions of judges are decided by Parliament (Article 125 read with Article 146).
๐Ÿ“ Quick self-test 2 MCQs ยท 2 fill-ups

What is the present sanctioned strength of the Supreme Court?

  1. 8 judges
  2. 26 judges
  3. 31 judges
  4. 34 judges
โœ” D. 34 judges โ€” At present there are 34 judges (1 CJI + 33 judges).

The largest bench, of 13 judges, was constituted in 1973 in which case?

  1. S. R. Bommai case
  2. Kesavananda Bharati v. State of Kerala
  3. Golaknath case
  4. Minerva Mills case
โœ” B. Kesavananda Bharati v. State of Kerala โ€” The 13-judge bench sat in Kesavananda Bharati v. State of Kerala (1973).

Originally the Supreme Court had judges.

โœ” 8

Parliament can increase or decrease the number of judges under Article .

โœ” 145
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Topic 06

Appointment & the Collegium System

Judges are appointed by the President, but in practice selection is driven by the collegium โ€” a feature created by judicial interpretation rather than the text of the Constitution.

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Key Point
The CJI is appointed by the President on the advice of the collegium.
Lead points
  • Supreme Court judges are appointed by the President on the advice of the CJI.
The Collegium System
  • It is NOT mentioned in the Constitution.
  • It is a group of 5 judges โ€” minimum 4 judges + 1 CJI (i.e., 4 judges + the CJI).
  • It is used for the transfer of High Court judges and appointment of the CJI and Supreme Court judges.
  • The system is based on "judges' primacy" โ€” judges select judges.
๐Ÿ“ Quick self-test 2 MCQs ยท 2 fill-ups

The CJI is appointed by the President on the advice of:

  1. The Prime Minister
  2. The collegium
  3. The Council of Ministers
  4. Parliament
โœ” B. The collegium โ€” The CJI is appointed by the President on the advice of the collegium.

How many judges make up the collegium?

  1. 3 judges
  2. 4 judges
  3. 5 judges
  4. 6 judges
โœ” C. 5 judges โ€” The collegium is a group of 5 judges (4 judges + the CJI).

The collegium system is mentioned in the Constitution.

โœ” NOT

The collegium system is based on judges' โ€” judges select judges.

โœ” primacy
๐Ÿ‘จโ€โš–๏ธ
Topic 07

NJAC (National Judicial Appointments Commission)

A short-lived attempt to replace the collegium with a statutory commission, struck down for violating the basic structure of the Constitution.

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Key Point
Created by Article 124A through the 99th Constitutional Amendment Act, 2014, but in 2015 the Supreme Court declared it "unconstitutional" and "invalid".
Key facts about the NJAC
  • It was meant for the appointment of Supreme Court judges and the Chief Justices and judges of the High Courts.
  • The Commission comprised 6 members:
  • The CJI (ex-officio, Chairperson of the NJAC).
  • Two senior Supreme Court judges (ex-officio).
  • The Union Minister of Law and Justice (ex-officio).
  • Two distinguished persons, nominated by a committee of the CJI, the Prime Minister, and the Leader of Opposition in the Lok Sabha (or the leader of the single largest opposition party); one should be from OBC/ST/SC.
  • No re-nomination after serving a term of 3 years.
  • The NJAC (2014) was struck down by the Supreme Court in 2015 as it violated the basic structure of the Constitution.
๐Ÿ“ Quick self-test 2 MCQs ยท 2 fill-ups

The NJAC was created by which amendment?

  1. 42nd Amendment, 1976
  2. 91st Amendment, 2003
  3. 99th Constitutional Amendment Act, 2014
  4. 97th Amendment, 2011
โœ” C. 99th Constitutional Amendment Act, 2014 โ€” The NJAC was created by the 99th Constitutional Amendment Act, 2014.

In which year did the Supreme Court strike down the NJAC?

  1. 2014
  2. 2015
  3. 2016
  4. 2013
โœ” B. 2015 โ€” In 2015 the Supreme Court declared the NJAC unconstitutional and invalid.

The NJAC was created through Article A of the Constitution.

โœ” 124

The NJAC Commission comprised members.

โœ” 6
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Topic 08

Jurisdictions & Functions

The Supreme Court exercises original, appellate and advisory jurisdiction, and its declarations of law bind every court in the country.

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Key Point
It settles disputes between the government authorities โ€” between states, and between the Centre and any State government.
Lead points
  • Suo moto means "on its own motion" โ€” the Court can take up cases on its own.
  • Election disputes of the Lok Sabha are the original jurisdiction of the High Court, not the Supreme Court.
Jurisdictions โ€” at a glance
Jurisdiction / FunctionArticleDetails
Original jurisdiction (federal disputes)Article 131Disputes between Centre and State, between two or more states, and election disputes of the President and Vice-President
Appellate jurisdictionArticle 132โ€“134, 136Takes up appeals against verdicts of High Courts, other courts and tribunals
Advisory jurisdictionArticle 143Power of the President to consult the Supreme Court; the Court can also act suo moto
Binding effect of law declaredArticle 141Law declared by the Supreme Court is binding on all courts in India and on the Union and State governments
๐Ÿ“ Quick self-test 2 MCQs ยท 2 fill-ups

The original jurisdiction of the Supreme Court over federal disputes is under which Article?

  1. Article 131
  2. Article 132
  3. Article 136
  4. Article 143
โœ” A. Article 131 โ€” Article 131 gives the Supreme Court original jurisdiction over federal disputes.

Election disputes of the Lok Sabha fall under the original jurisdiction of which court?

  1. The Supreme Court
  2. The High Court
  3. The Election Commission
  4. The Sessions Court
โœ” B. The High Court โ€” Election disputes of the Lok Sabha are the original jurisdiction of the High Court, not the Supreme Court.

The advisory jurisdiction, where the President consults the Court, is under Article .

โœ” 143

moto means the Court can take up cases on its own motion.

โœ” Suo
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Topic 09

Judicial Review & Guardian of the Constitution

As the guardian of the Constitution, the Supreme Court can test laws against the Constitution and protect citizens' fundamental rights.

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Key Point
The Supreme Court is the guardian of the Constitution and the highest judicial authority in India.
Judicial review and writs
  • Under judicial review, it can examine the constitutional validity of laws and executive actions.
  • Article 32 empowers the Supreme Court to issue writs for the enforcement of Fundamental Rights โ€” making it the protector of fundamental rights.
  • Article 141 โ€” the law declared by the Supreme Court is binding on all courts in India.
  • Article 142 โ€” enforcement of decrees and orders; the Court can pass any order to do complete justice (used in the Ayodhya verdict, the Rajiv Gandhi assassination case, and the Union Carbide (Bhopal) case).
๐Ÿ“ Quick self-test 2 MCQs ยท 2 fill-ups

Under which Article can the Supreme Court issue writs for the enforcement of Fundamental Rights?

  1. Article 32
  2. Article 141
  3. Article 142
  4. Article 143
โœ” A. Article 32 โ€” Article 32 empowers the Supreme Court to issue writs to enforce Fundamental Rights.

Under which Article can the Court pass any order to do complete justice, as used in the Ayodhya verdict?

  1. Article 32
  2. Article 141
  3. Article 142
  4. Article 137
โœ” C. Article 142 โ€” Article 142 deals with enforcement of decrees and orders to do complete justice.

Under Article 141, the law declared by the Supreme Court is binding on all in India.

โœ” courts

The Supreme Court is the guardian of the .

โœ” Constitution
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Topic 10

Removal of Judges โ€” Impeachment

A Supreme Court judge can be removed only by impeachment โ€” a rigorous parliamentary process designed to protect judicial independence.

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Key Point
Article 124(4) governs the removal of a Supreme Court judge; the procedure was borrowed from the US Constitution.
The impeachment process (Article 124(4))
  • Removal is by an order of the President after an address by Parliament is presented to him in the same session for such removal.
  • The address must be supported by a special majority of each House โ€” a majority of the total membership of that House and a majority of not less than two-thirds of the members present and voting.
  • The two grounds of removal are:
  • Proved misbehaviour
  • Incapacity
  • No Supreme Court judge has ever been impeached. Impeachment motions against Justice V. Ramaswami (1991โ€“1993) and Justice Dipak Misra (2017โ€“18) were defeated in Parliament.
๐Ÿ“ Quick self-test 2 MCQs ยท 2 fill-ups

The procedure for removal of a Supreme Court judge was borrowed from which country's Constitution?

  1. Ireland
  2. UK
  3. US Constitution
  4. Canada
โœ” C. US Constitution โ€” The impeachment procedure was borrowed from the US Constitution.

What are the two grounds for removal of a Supreme Court judge?

  1. Corruption and old age
  2. Proved misbehaviour and incapacity
  3. Loss of majority and inefficiency
  4. Absence and misconduct
โœ” B. Proved misbehaviour and incapacity โ€” The two grounds are proved misbehaviour and incapacity.

The removal of a Supreme Court judge is governed by Article .

โœ” 124(4)

No Supreme Court judge has ever been .

โœ” impeached
๐Ÿ“–
Topic 11

Important Articles Related to the Supreme Court

A consolidated reference of the Supreme Court Articles, all located in Part V, Chapter IV of the Constitution.

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Key Point
These provisions (Article 124 to Article 147) lie in Part V, Chapter IV of the Constitution.
Article-wise reference table
ArticleSubject matter
Article 124Establishment and constitution of the Supreme Court
Article 125Salaries, etc., of judges
Article 126Appointment of acting Chief Justice
Article 127Appointment of ad hoc judges
Article 128Attendance of retired judges at sittings
Article 129Supreme Court to be a court of record
Article 130Seat of the Supreme Court
Article 131Original jurisdiction of the Supreme Court
Article 132Appellate jurisdiction in appeals from High Courts (constitutional matters)
Article 133Appellate jurisdiction in civil matters
Article 134Appellate jurisdiction in criminal matters
Article 136Special leave to appeal
Article 137Review of judgments or orders
Article 140Ancillary powers of the Supreme Court
Article 141Law declared by the Supreme Court binding on all courts
Article 142Enforcement of decrees and orders (Ayodhya, Rajiv Gandhi assassination, Union Carbide Bhopal)
Article 143Power of the President to consult the Supreme Court (advisory)
Article 145Rules of court; Parliament may increase/decrease the number of judges
Article 146Officers, servants and expenses of the Supreme Court
  • They define the structure, powers, jurisdiction and functions of the Supreme Court of India.
๐Ÿ“ Quick self-test 2 MCQs ยท 2 fill-ups

Under which Article is the Supreme Court declared a court of record?

  1. Article 128
  2. Article 129
  3. Article 130
  4. Article 131
โœ” B. Article 129 โ€” Article 129 makes the Supreme Court a court of record.

Which Article deals with special leave to appeal?

  1. Article 132
  2. Article 134
  3. Article 136
  4. Article 137
โœ” C. Article 136 โ€” Article 136 deals with special leave to appeal.

Article deals with the review of judgments or orders of the Supreme Court.

โœ” 137

The Supreme Court Articles lie in Part V, Chapter of the Constitution.

โœ” IV
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Recap

Quick Revision

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Key Point
The Supreme Court provisions run from Article 124 to Article 147 in Part V, Chapter IV; its first sitting was on 28 January 1950.
  • Harilal J. Kania was the first CJI; Fatima Beevi was the first woman judge; M. Hidayatullah was the first judge to act as President.
  • Article 124 establishes the Court; judges are appointed by the President; salary comes from the Consolidated Fund of India.
  • Eligibility: citizen of India, with 5 years as a High Court judge or 10 years as a High Court advocate, or a distinguished jurist; no minimum age.
  • Supreme Court judges retire at 65 years.
  • Strength grew from 8 judges originally to 34 (1 CJI + 33); Parliament sets the number under Article 145.
  • The largest bench (13 judges) sat in Kesavananda Bharati v. State of Kerala (1973), decided 7:6.
  • The collegium (CJI + 4 senior judges) appoints judges and is not mentioned in the Constitution; the NJAC (Article 124A, 99th Amendment, 2014) was struck down in 2015.
  • Original jurisdiction = Article 131; advisory jurisdiction = Article 143; law declared is binding on all courts under Article 141.
  • Election disputes of the Lok Sabha fall under the High Court's original jurisdiction, not the Supreme Court.
  • The Supreme Court is the guardian of the Constitution; it exercises judicial review and issues writs under Article 32 to protect Fundamental Rights.
  • Judges are removed only by impeachment under Article 124(4) on grounds of proved misbehaviour or incapacity, needing a special majority (two-thirds present and voting); no judge has ever been impeached.

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