Introduction to the Supreme Court Of India
The Supreme Court of India is the highest court in the country. It is the final authority on all civil and criminal cases. The Court is headed by the Chief Justice of India. Along with the Chief Justice, it can have up to 33 other judges.
The Supreme Court was established on 28 January 1950, shortly after India became a republic. It replaced the Judicial Committee of the Privy Council, which earlier served as the highest court of appeal. Since 1958, the Court has been functioning from its own building in New Delhi.
The Supreme Court is known for its wide and powerful jurisdiction. It can hear cases directly, hear appeals from lower courts, and also give legal advice when requested by the President of India. It has the power to review laws and strike down any law or constitutional amendment that violates the Constitution or the basic structure of the Constitution.
One of the most important roles of the Supreme Court is to protect the fundamental rights of citizens. It also resolves disputes between the Central Government and State Governments. The judgments of the Supreme Court are binding on all courts and authorities in India.
Under Article 142 of the Constitution, the Supreme Court can pass any order necessary to ensure complete justice. Such orders are final and must be followed by all, including the President and the Government.
Constitutional Basis of the Supreme Court
In 1861, the British Parliament passed the Indian High Courts Act and the Indian Councils Act. These laws abolished the old Supreme Courts of Calcutta, Madras, and Bombay, as well as the Sadr Diwani Adalats. The British Crown was given the power to establish High Courts in India.
As a result, three High Courts were created in Calcutta, Madras, and Bombay through royal charters issued on 26 June 1862. These High Courts became the highest courts in their respective regions. They remained so until the establishment of the Federal Court of India under the Government of India Act, 1935.
The Federal Court had the power to hear appeals from the High Courts. It also settled disputes between different provinces of British India. After independence in 1947, it handled disputes between the Union and the States.
The Supreme Court of India came into existence on 26 January 1950 with the adoption of the Constitution of India. Justice H. J. Kania became the first Chief Justice of India. The Supreme Court replaced both the Federal Court and the Judicial Committee of the Privy Council as the highest court of the land.
The first sitting of the Supreme Court took place on 28 January 1950 at 9:45 a.m. This date is treated as the official date of its establishment.
Initially, the Supreme Court functioned from the Chamber of Princes in the Parliament House. In 1958, it moved to its present building in New Delhi.
When the Court was first created, it consisted of the Chief Justice and seven judges. The Constitution also allowed Parliament to increase the number of judges as needed. In its early years, the Court sat for two sessions each day—morning and afternoon—for most days of the month.
Composition of the Supreme Court
The Supreme Court consists of judges and supporting officers who help in its functioning. Judges form the core of the Court and decide all matters brought before it.
Judges of the Supreme Court
When the Constitution came into force in 1950, the Supreme Court had one Chief Justice and seven other judges. At that time, all judges usually sat together to hear cases.
As the number of cases increased, Parliament gradually increased the strength of the Court. The number of judges rose to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2009, and finally 34 in 2019, including the Chief Justice of India.
Today, most cases are heard by small benches of two or three judges, called Division Benches. Important constitutional questions are decided by a Constitution Bench of five or more judges.
The largest Constitution Bench ever formed had 13 judges. It was constituted in the famous Kesavananda Bharati case (1973), which laid down the Basic Structure Doctrine.
Jurisdiction of the Supreme Court
Eligibility for Appointment
To be appointed as a judge of the Supreme Court, a person must:
- Be a citizen of India
- Be below 65 years of age
- Have been a High Court judge for at least five years, or
- Have been an advocate in a High Court for at least ten years, or
- Be a distinguished jurist in the opinion of the President
Appointment of Judges
Judges of the Supreme Court are appointed by the President of India.
The President acts on the Collegium’s recommendation. The collegium consists of:
- The Chief Justice of India
- Four senior-most judges of the Supreme Court
Earlier, appointments were made mainly on the advice of the government. Over time, through important court judgments, the collegium system developed to ensure greater judicial independence.
Although the system has faced criticism for lack of transparency, an attempt to replace it with the National Judicial Appointments Commission (NJAC) in 2015 was struck down by the Supreme Court. The Court held that judicial independence must be protected.
Tenure and Salary
A judge of the Supreme Court retires at the age of 65 years.
The salaries and service conditions of judges are decided by Parliament. However, these cannot be reduced after appointment.
- Supreme Court Judge: ₹2,50,000 per month (basic pay)
- Chief Justice of India: ₹2,80,000 per month (basic pay)
Oath of Office
Every judge of the Supreme Court takes an oath before the President of India. The judge promises to:
- Uphold the Constitution
- Protect the sovereignty and integrity of India
- Perform duties honestly and without fear or favour
Removal of Judges
A Supreme Court judge can be removed only through impeachment.
Removal is possible only on grounds of proved misbehaviour or incapacity. Both Houses of Parliament must pass a motion with a special majority.
This strict process ensures judicial independence.
Post-Retirement Restrictions
After retirement, a Supreme Court judge cannot practice law in any court in India.
However, retired judges may be appointed to tribunals or commissions. This practice has been debated, as some feel it may affect judicial independence.
Representation and Diversity
Most Supreme Court judges are appointed from High Courts. Only a few have been appointed directly from the Bar.
Some important milestones:
- First woman judge: Justice Fathima Beevi (1989)
- First Muslim Chief Justice: Justice Mohammad Hidayatullah
- First Dalit Chief Justice: Justice K. G. Balakrishnan
- First Sikh Chief Justice: Justice J. S. Khehar
Registry of the Supreme Court
The administrative work of the Supreme Court is handled by the Registry.
It is headed by the Secretary-General and assisted by registrars and deputy registrars.
Advocates in the Supreme Court
Only advocates registered as Advocates-on-Record (AORs) can file cases and plead directly before the Supreme Court.
Senior Advocates may appear in cases but must work along with an Advocate-on-Record.
Jurisdiction and powers
The Supreme Court of India is established under Chapter IV of Part V of the Constitution, which deals with the Union Judiciary. This chapter grants the Supreme Court its powers and jurisdiction.
The Supreme Court is the highest appellate court in India. The law declared by the Supreme Court is binding on all courts across the country.
| Article 124 | Constitution and establishment of the Supreme Court |
| Article 129 | Declaration of Supreme Court as the Court of Record |
| Article 131 | Authorisation of the original jurisdiction of the Supreme Court |
| Articles 132, 133 and 134 | Authorisation of the Appellate jurisdiction of the Supreme Court |
| Article 135 | Power of the Federal Court granted to the Supreme Court |
| Article 136 | Special leave to Appeal to the Supreme Court |
| Article 137 | Review power of the Supreme Court |
| Article 138 | Enlargement of the jurisdiction of the Supreme Court |
| Article 139 | Powers of the Supreme Court to issue certain writs |
| Article 140 | Ancillary powers to the Supreme Court |
| Article 141 | Law making power of the Supreme Court |
Power to Frame Rules (Article 145)
Article 145 empowers the Supreme Court to make its own rules for regulating court practice and procedure. These rules are made with the approval of the President of India. The Supreme Court Rules have been revised in 1950, 1966, and 2013.
Review Petition (Article 137)
The Supreme Court has the power to review its own judgments and orders. A review is allowed only on limited grounds and according to procedures prescribed by law and Court rules.
The Court can also examine whether actions of Parliament or the Government violate fundamental rights or the basic structure of the Constitution.
Power to Punish for Contempt (Articles 129 & 142)
The Supreme Court has the authority to punish any person for contempt of court, including contempt of itself. This power protects the dignity and authority of the judiciary and ensures respect for court orders.
Independence of the Supreme Court
The Constitution of India strongly protects the independence of the judiciary. Article 50 of the Directive Principles of State Policy directs the State to separate the judiciary from the executive. Judicial independence, supremacy of the Constitution, and the rule of law are recognised as part of the basic structure of the Constitution.
Over the years, the Supreme Court has earned a reputation for being independent from the executive and legislature. This independence allows the Court to decide cases fairly and without political pressure.
One of the most important roles of the Supreme Court is to interpret and protect the Constitution. It decides constitutional disputes and ensures that all laws and government actions follow constitutional principles.
The Supreme Court and High Courts also have the power to take suo motu action. This means they can start cases on their own, even without a formal complaint. Such action may be taken when there is a serious injustice, contempt of court, or violation of constitutional values.
The judiciary has a duty to examine laws and government actions that go against the basic structure of the Constitution. Article 38(1) of the Directive Principles states that the State must strive to promote the welfare of the people by creating a social order based on social, economic, and political justice.
While explaining Article 38(1) in the Constituent Assembly, Dr. B. R. Ambedkar emphasised the importance of the word “strive.” He said that even when circumstances are difficult and resources are limited, the government must continue to make sincere efforts to achieve the goals laid down in the Directive Principles. The word “strive” shows that the State must always try its best to move towards these constitutional ideals.
Landmark judgments
The Supreme Court plays a central role in protecting Fundamental Rights. It has the power to examine whether laws passed by Parliament violate constitutional rights.
In Golaknath v. State of Punjab (1967), the Court held that Parliament cannot take away Fundamental Rights.
Later, in Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench evolved the Basic Structure Doctrine. The Court ruled that Parliament can amend the Constitution, but it cannot destroy its basic structure.
This doctrine was reaffirmed in Minerva Mills v. Union of India (1980) and later in I.R. Coelho v. State of Tamil Nadu (2007). The Court also held that even laws placed in the Ninth Schedule can be reviewed if they violate the basic structure.
The Emergency and Judicial Independence
During the Emergency (1975–1977), Fundamental Rights were suspended.
In ADM Jabalpur v. Shivkant Shukla (1976), the Supreme Court held that detainees could not approach courts for Habeas Corpus during the Emergency.
Justice H. R. Khanna dissented and defended personal liberty. His dissent later became widely respected.
After the Emergency, constitutional amendments restored judicial review. The Supreme Court reaffirmed that judicial review and basic structure are part of the Constitution.
Expansion of Article 21 and Public Interest Litigation
After the Emergency, the Supreme Court expanded the meaning of Article 21 (Right to Life and Personal Liberty).
The Court held that the right to life includes:
- Right to livelihood
- Right to health
- Right to education
- Right to clean environment
This led to the growth of Public Interest Litigation (PIL), allowing any person to approach courts on behalf of disadvantaged groups.
Reservation and Equality
The Supreme Court has shaped India’s reservation policy.
In Indra Sawhney v. Union of India (1992), the Court:
- Upheld OBC reservation
- Introduced the 50% ceiling
- Applied the creamy layer principle
In Ashoka Kumar Thakur v. Union of India (2008), reservations in higher education were upheld with creamy layer exclusion.
In Janhit Abhiyan v. Union of India (2022), the Court upheld 10% EWS reservation.
Free and Fair Elections
The Supreme Court has strengthened electoral transparency.
- Directed disclosure of candidates’ criminal records, assets, and education.
- Approved introduction of VVPAT with EVMs.
- In 2024, struck down the Electoral Bonds Scheme for violating voters’ right to information.
LGBT Rights
In NALSA v. Union of India (2014), transgender persons were recognised as the third gender.
In Navtej Singh Johar v. Union of India (2018), the Court decriminalised consensual same-sex relationships by reading down Section 377 IPC.
Important Landmark Cases
2G Spectrum Case (2012)
The Supreme Court cancelled 122 telecom licences, holding their allocation unconstitutional.
Right to Information (2019)
Office of the Chief Justice of India brought under RTI Act.
Black Money Case
Directed formation of a Special Investigation Team to probe undisclosed foreign accounts.
Administrative Reforms
In T.S.R. Subramanian v. Union of India (2013), ruled that civil servants need not follow oral instructions.
Right to Privacy (2017)
In Puttaswamy v. Union of India, privacy recognised as a Fundamental Right.
Ayodhya Verdict (2019)
Disputed land awarded for temple construction; alternative land granted for mosque.
Frequently Asked Questions (FAQs)
1. What is the Supreme Court of India?
The Supreme Court of India is the highest court of the country and the final authority on the interpretation of the Constitution and laws.
2. Where is the Supreme Court of India located?
The Supreme Court is located in New Delhi and has been functioning from its present building since 1958.
3. Who heads the Supreme Court of India?
The Supreme Court is headed by the Chief Justice of India (CJI).
4. How many judges are there in the Supreme Court?
The Supreme Court consists of the Chief Justice of India and up to 33 other judges.
5. How are Supreme Court judges appointed?
Judges are appointed by the President of India on the recommendation of the Collegium System.
6. What types of jurisdiction does the Supreme Court have?
The Supreme Court has original, appellate, advisory, writ, and special leave jurisdiction.
7. What is Article 32 of the Constitution?
Article 32 allows citizens to directly approach the Supreme Court for enforcement of Fundamental Rights.
8. What is a Constitution Bench?
A Constitution Bench is a bench of five or more judges formed to decide important constitutional questions.
9. Can the Supreme Court strike down laws or amendments?
Yes. The Supreme Court can strike down laws or constitutional amendments that violate the Constitution or its basic structure.
10. Are Supreme Court judgments binding on all courts?
Yes. The law declared by the Supreme Court is binding on all courts in India.
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