SUPREME COURT OF INDIA

Polity

INTRODUCTION

The Supreme Court (SC) is the apex judicial authority of India and the highest constitutional court. It ensures the rule of law, protects Fundamental Rights, and interprets the Constitution. It also acts as the final court of appeal and the guardian of the Constitution.

EVOLUTION OF THE SUPREME COURT
• Regulating Act, 1773 – Established the Supreme Court of Judicature at Calcutta; India’s first Court of Record.
• Government of India Act, 1935 – Created the Federal Court of India to resolve disputes between provinces and hear appeals from High Courts.
• Independent India adopted an integrated judicial system based on the 1935 Act.
• The present Supreme Court came into existence on 26 January 1950; first sitting on 28 January 1950.
• The SC replaced the British Privy Council, gaining wider appellate and constitutional powers.

CONSTITUTIONAL PROVISIONS
• The Supreme Court is governed under Part V, Chapter VI (Articles 124–147).
• Article 124 – Establishes the Supreme Court with a Chief Justice of India (CJI) and other judges (current sanctioned strength: 34 including CJI).
• The Supreme Court is:
  – Guardian of the Constitution
  – Protector of Fundamental Rights
  – Final interpreter of the Constitution
  – Federal court of India

POSITION OF THE SUPREME COURT
• Highest Constitutional Court.
• Final Court of Appeal.
• Defender of Fundamental Rights.
• Court of Record under Article 129.
• Has the power of judicial review.

SEAT OF THE SUPREME COURT
• Article 130 – Delhi is the permanent seat.
• The CJI, with approval of the President, may decide additional sitting places.

PROCEDURE OF THE SUPREME COURT
• Constitutional matters (Art.143 references) are decided by a Bench of at least five judges.
• Ordinary matters are decided by benches of at least three judges.
• Decisions are by majority and delivered in open court.
• Court frames its own procedural rules with Presidential approval.

APPOINTMENT OF JUDGES
• Judges of SC are appointed by the President.
• CJI Appointment – Traditionally by seniority. Deviations in 1973 and 1977 led to Second Judges Case (1993), which mandated senior-most judge as CJI.
• Other Judges – Appointed by the President after consultation with CJI.

THE COLLEGIUM SYSTEM
• Not mentioned in Constitution; evolved through judicial interpretation.
• First Judges Case (1982) – “Consultation” ≠ binding.
• Second Judges Case (1993) – “Consultation” = “Concurrence”; CJI’s primacy established.
• Third Judges Case (1998) – CJI must consult 4 senior-most judges; if 2 disagree, recommendation should not be sent.
• NJAC (99th CAA, 2014) struck down for violating independence of judiciary; Collegium restored.
• SC Collegium = CJI + 4 senior-most judges.

QUALIFICATIONS FOR SC JUDGE
• Citizen of India.
• Either:
  – 5 years as a High Court judge, or
  – 10 years as High Court advocate, or
  – A distinguished jurist (rarely used).
• No minimum age prescribed.

OATH AND TENURE
• Oath administered by the President.
• Tenure until 65 years.
• Can resign by writing to the President.

REMOVAL OF JUDGES
• Removed only through impeachment under Article 124(4).
• Grounds: Proven misbehaviour or incapacity.
• Requires Special Majority in both Houses (total membership majority + 2/3rd of members present).
• No SC judge has been removed yet.

SALARIES AND ALLOWANCES
• Determined by Parliament; cannot be reduced except during a Financial Emergency.

ACTING AND TEMPORARY JUDGES
• Acting CJI (Art.126) – When CJI office is vacant or CJI is absent.
• Ad hoc Judges (Art.127) – Appointed from High Courts when quorum is insufficient.
• Retired Judges (Art.128) – Can be invited to sit temporarily.

ADVOCATES IN SUPREME COURT
• Senior Advocates – Designated by SC/HC; cannot file documents independently.
• Advocates-on-Record – Only they can file cases in SC.
• Other Advocates – Can appear and argue but cannot file matters.

JURISDICTION OF THE SUPREME COURT

1. ORIGINAL JURISDICTION
• Deals with Centre–State or inter-state disputes.
• Exclusive jurisdiction.
• Excludes:
  – Inter-state water disputes
  – Finance Commission matters
  – Pre-constitutional treaties (with exceptions)
  – Ordinary commercial disputes

2. WRIT JURISDICTION (Art.32)
• SC can issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto) for enforcing Fundamental Rights.
• Original and concurrent jurisdiction (HCs also have this power under Art.226).
• HCs have wider writ jurisdiction since they can issue writs for non-FR matters also.

3. APPELLATE JURISDICTION
SC hears appeals in:
(a) Constitutional Matters  
(b) Civil Matters  
(c) Criminal Matters  
(d) Special Leave Petitions (Art.136): SC may hear appeals from any court/tribunal except military courts.

4. ADVISORY JURISDICTION (Art.143)
• President may seek SC’s opinion.
• Two categories:
  – Optional: Matters of public importance.
  – Mandatory: Pre-constitutional treaty matters.
• Opinion not binding.

5. COURT OF RECORD (Art.129)
• Records have evidentiary value.
• Contempt powers.

6. JUDICIAL REVIEW
• Power to strike down unconstitutional laws and executive actions.
• Not explicitly mentioned; derived from Articles 13, 32, 136, 226 etc.
• Core feature of Basic Structure.

7. CONSTITUTIONAL INTERPRETATION (Art.147)
• Final authority in interpreting the Constitution.

OTHER IMPORTANT FUNCTIONS
• Decides disputes regarding election of the President and Vice-President.
• Enquiries into misbehaviour of UPSC members and recommends removal.
• Can transfer cases between High Courts.
• Can review its own judgments.
• SC judgments are binding on all courts (Art.141).
• All authorities must act in aid of SC (Art.144).

CURATIVE PETITIONS
• Introduced in Rupa Ashok Hurra v. Ashok Hurra (2002).
• Filed after dismissal of a review petition.
• Conditions:
  – Violation of principles of natural justice.
  – Petitioner not heard properly.
• Based on Article 137.

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