Supreme Court of India is the apex judicial body under the Constitution of India. It is the highest court of India. It plays a vital role in the country’s constitutional framework, acting as the guardian of the Constitution, the protector of fundamental rights, and the arbiter of legal disputes.

• Established on 28 January 1950.
• Predecessor: Federal Court of India.
• Article 124 to 147 in Part V, Chapter IV of the Constitution of India deal with the Supreme Court.
• Head – Chief Justice of India (CJI).
• First CJI – H. J. Kania (1950)
• 50th CJI (as of 2025) – Justice D. Y. Chandrachud.
• Current CJI – Bhushan Ramkrishna Gavai.

History of Supreme Court

• Colonial Era
  • The roots of the Supreme Court of India trace back to the British colonial era. The Regulating Act of 1773 established the Supreme Court of Judicature at Calcutta, which was the first court of record with full authority to hear both civil and criminal cases in Bengal, Bihar, and Orissa.
  • Subsequently, Supreme Courts were established at Madras (1800) and Bombay (1823) by King George III.
  • The Indian High Courts Act of 1861 abolished these Supreme Courts and the Sadar Adalats, replacing them with High Courts in various provinces. These High Courts became the highest judicial authorities in their regions, with appeals lying to the Judicial Committee of the Privy Council in London.
• Pre-Independence Period
  • Government of India Act, 1935 led to the creation of the Federal Court of India in 1937. This court had jurisdiction to resolve disputes between provinces and federal states and to hear appeals from High Courts.
  • The Federal Court functioned as the highest court within India, but appeals could still be made to the Privy Council in Britain.
• Independence Period
  • After India gained independence in 1947, the need for a truly indigenous apex court became clear.
  • The Constitution of India, which came into force on 26 January 1950, established the Supreme Court of India as the highest judicial authority under Article 124.
  • The Supreme Court formally came into existence on 28 January 1950, replacing both the Federal Court of India and the Judicial Committee of the Privy Council as the final court of appeal.
  • The Court initially functioned from the Chamber of Princes in the old Parliament House, New Delhi, before moving to its current building on Tilak Marg in 1958.
  • Article 130 of the Constitution allows the Supreme Court to sit in Delhi or other locations as designated by the Chief Justice with presidential approval.

Structure of SC

• Supreme Court of India consists of the Chief Justice of India (CJI) and up to 33 other judges, making a total sanctioned strength of 34 judges.
• Originally, there were 1 Chief Justice and 7 other Judges but later under the Supreme Court Judges Act, in 1956 increased to 10 in addition to Chief Justice, in 1960 increased to 14 including Chief Justice, 1997 increased to 18 including Chief Justice, 1986 increased to 26 including Chief Justice, 2008 increased to 31 including Chief Justice and then in 31st July 2019, the parliament increased the no. of Judges from 31 to 34 including Chief Justice.
• Judges sit in smaller benches of two or three (Division Benches) for regular matters, and in larger benches of five or more (Constitution Benches) for cases involving substantial constitutional questions.

According to the Rules of SC, the quorum of SC has been fixed at 3, if at any time for any reason a fixed quorom for convening the meeting of SC cannot be found, Chief Justice may with the advance approval of President can appoint an Adhoc Judge. A person who has been a judge of a high court or has the qualification to become a Judge of SC can be appointed as Ad-hoc Judge.

Appointment of Judges

• Power to appoint the Chief Justice and other judges has been given to the President. According to the Article 124, the judges of SC are appointed by the President.
• President can take the advice of the judges of Supreme Court and the High Courts as he deems fit for the purpose.
• It is clearly stated that Chief Justice of SC must be consulted in the appointment of the judges of SC.
• According to the Second Judges Case (1993), the advice provided by the Chief Justice, once consulted, must be accepted and is obligatory for the President.
• In the Third Judges Case (1998), it was determined that the Chief Justice ought to confer with a panel of the four most senior judges of the Supreme Court prior to suggesting a name to the President. This is known as the Collegium System. If the Chief Justice makes recommendations without this consultation, those recommendations are not mandatory for the President.

Qualifications

The following qualifications are fixed for the judges of SC –

• He must be a citizen of India.
• He has been a judge of any two or more higher ranks for atleast 5 consecutive years.
• He has practiced for atleast 10 consecutive years in any two or more High Courts.
• In the opinion of President, there should be a good jurist.

Terms of Service

• Judges of SC hold their office till the age of 65 years.
• To remove a judge, it is necessary that the both the houses of Parliament pass a resolution by a majority of their total number of members and by two-thirds (2/3) majority present and voting and send it to the President.

Salary and Allowances

• Salaries of CJI and judges of the SC are listed in the Second Schedule of the Constitution.
• CJI of SC gets Rs. 2 Lakhs 80 Thousands free accomodation and other allowances.
• The salaries of the judges of SC are paid out of the Consolidated Fund of India. (It is the fund which is outside the voting jurisdiction of the Parliament.)
• During financial crisis, during the tenure of judges, their salaries and accomodations cannot be deducted.
• After Retirement, judges are also given pension, sumptuary allowances and Travelling Allowances.

Collegium System (For Judicial Appointments)

• An internal institutional mechanism for recommending appointments and transfers of judges.
• Supreme Court Collegium includes:
  • Chief Justice of India (CJI)
  • Four senior-most SC judges.
• Plays a major role in:
  • Appointing judges to SC and HCs.
  • Transferring HC judges.

Note: The Collegium system is based on judicial precedent, not explicitly mentioned in the Constitution.

                          Supreme Court of India
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Chief Justice of India                          Other 33 Judges
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Bench Allocation (2, 3, 5, 7, 9+)                Constitutional Benches
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   Registry                                Advocate-on-Record System
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Secretary-General                              Supreme Court Bar Assoc.
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Judicial, Filing, Admin, IT, Library            Law Clerks & Court Staff

Jurisdiction of SC

1. Original Jurisdiction (Article 131)
   • Disputes between the Government of India and one or more states, or between two or more states.
   • Exclusive Original Jurisdiction: Under Article 131, the Supreme Court has exclusive authority to adjudicate disputes:
     • Between the Government of India and one or more states.
     • Between the Government of India and one or more states on one side and one or more states on the other.
     • Between two or more states.
   • The power to hear disputes directly, without the case coming through a lower court first.
   • These disputes must involve a question of law or fact on which the existence or extent of a legal right depends. No other court can hear these cases.
   • Enforcement of Fundamental Rights: Article 32 empowers the Supreme Court to issue writs (such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari) for the enforcement of fundamental rights.
     • Types of Writs:
       1. Habeas Corpus – “Produce the body”; protects personal liberty.
       2. Mandamus – “We command”; directs a public authority to perform its duty.
       3. Certiorari – “To be certified”; quashes an unlawful order of a lower court/tribunal.
       4. Prohibition – Stops lower courts from exceeding jurisdiction.
       5. Quo Warranto – Challenges the legality of a person’s claim to public office.
   • Other Powers: The Supreme Court can transfer cases between High Courts and subordinate courts in different states and can withdraw cases involving significant questions of law from High Courts to itself.
   • Example –
     • State of West Bengal v. Union of India (1962) – SC ruled that a state can file a suit against the Union in matters involving constitutional rights.
2. Appellate Jurisdiction (Articles 132–136)
   • The Supreme Court can hear appeals from judgments of High Courts or tribunals.
   • Appeals against judgments of High Courts and other tribunals, especially in cases involving constitutional questions or substantial questions of law (Articles 132, 133, 134).
   • SC is the final appellate authority in India. It hears appeals against judgments from High Courts and tribunals in civil, criminal, and constitutional matters.
   • Constitutional Matters (Art. 132)
     • If a High Court certifies that a case involves a substantial question of law as to the interpretation of the Constitution, it can be appealed.
   • Civil Matters (Art. 133)
     • An appeal lies if the High Court certifies that the case involves a substantial question of law of general importance.
   • Criminal Matters (Art. 134)
     • Appeals allowed if:
       • High Court has reversed a judgment of acquittal and sentenced the accused to death or life imprisonment.
       • HC certifies that the case is fit for appeal to the SC.
   • Special Leave Petition (SLP) – Article 136
     • SC can grant special leave to appeal any judgment or order passed by:
       • Any court or tribunal in India (except military courts/martial law).
     • It is discretionary, not a matter of right.
     • Used extensively in both civil and criminal matters.
       
       SLP is a unique and powerful provision, allowing the SC to ensure justice even when a regular appeal route does not exist.
       
   • Appeals can be made in cases involving substantial questions of law or interpretation of the Constitution.
3. Advisory Jurisdiction
   • Under Article 143, the President of India can refer questions of law or fact to the Supreme Court for its advisory opinion. While the opinion is not binding, it carries significant weight in governance.
   • Types –
     • Legal or constitutional questions of public importance.
     • Disputes arising out of pre-Constitution treaties or agreements.
   • The Court may decline to give an opinion. The opinion is advisory and not binding.
   • Example –
     • Berubari Union case (1960) – Advisory opinion on India–Pakistan boundary agreement.
4. Other Jurisdictions
   • Review Jurisdiction: 
     • The Supreme Court may review its own judgments or orders to correct errors or prevent miscarriage of justice.
     • Review petitions must be filed within 30 days of the judgment.
     • Often used in death penalty cases, and major constitutional cases.
   • Inherent and Extraordinary Jurisdiction: 
     • The Court can pass any order necessary to do complete justice (Article 142), and may take up cases suo motu (on its own motion) in matters of public interest or constitutional importance.
   • Curative Jurisdiction: 
     • In rare cases, the Court can entertain curative petitions to reconsider its final judgments to prevent gross miscarriage of justice.
     • Developed by the SC in Rupa Ashok Hurra v. Ashok Hurra (2002).
     • A last-resort remedy after the dismissal of a review petition.
     • Heard by the same bench (or larger) that passed the original judgment.
     • Meant to prevent miscarriage of justice.

Powers and Functions of SC

• Exclusive power to resolve disputes between Centre and one or more states, or Two or more states.
• Can hear appeals against Constitutional matters, civil and criminal cases, any order or judgment under Special Leave Petition (SLP).
• Ultimate interpreter of the Constitution of India, ensuring that its provisions are upheld and given their intended meaning.
• Court acts as the custodian of fundamental rights. Under Article 32, any citizen can directly approach the Supreme Court for the enforcement of these rights, and the Court can issue writs such as habeas corpus, mandamus, prohibition, certiorari, and quo warranto.
• Can invalidate laws and government actions that contravene the Constitution.
• Supreme Court is a court of record (Article 129), meaning its judgments are authoritative and binding on all lower courts, and it can punish for contempt of itself.
• Can review its own judgments or orders under Article 137.
• The law declared by the Supreme Court is binding on all lower courts in India. Ensures uniformity and consistency in legal interpretations across the country.
• The Supreme Court can regulate its own practice and procedure and appoint its officers and staff.
• It can transfer cases from one High Court to another and withdraw cases from High Courts for its own disposal.
• It adjudicates disputes regarding the conduct and behavior of members of certain constitutional bodies when referred by the President.
• PIL introduced to make justice accessible to the poor and marginalized.
• Supreme Court can pass any order necessary for doing “complete justice” in any matter before it.