Introduction
The Supreme Court of India is the highest judicial authority in the country. It serves as the guardian of the Constitution, the final court of appeal, and ensures justice by interpreting and applying the law. Established on January 28, 1950, the Supreme Court is a crucial pillar of Indian democracy.
1. Structure of the Supreme Court
The Supreme Court consists of:
- Chief Justice of India (CJI)
- Other Judges (Currently 33, making a total of 34 judges, including the CJI).
Appointment of Judges
- Judges are appointed by the President of India based on the recommendation of the Collegium System.
- The Collegium includes the Chief Justice of India and four senior-most judges of the Supreme Court.
- Judges must have at least 5 years of experience as a High Court judge or 10 years as an advocate or be a distinguished jurist as per Article 124(3).
Tenure & Retirement
- Supreme Court judges retire at the age of 65.
- A judge can be removed only by impeachment under Article 124(4) for misbehavior or incapacity.
2. Jurisdiction of the Supreme Court
The Supreme Court has three main types of jurisdiction:
1️⃣ Original Jurisdiction (Article 131)
- Directly hears disputes between states, the Centre, or citizens and the government.
- Includes cases related to fundamental rights (under Article 32).
2️⃣ Appellate Jurisdiction (Article 132-134)
- Hears appeals from High Courts and lower courts.
- Appeals can be made in civil, criminal, and constitutional cases.
3️⃣ Advisory Jurisdiction (Article 143)
- The President of India can seek the Supreme Court’s advice on important legal matters.
4️⃣ Review Jurisdiction (Article 137)
- The Supreme Court can review its own judgments if there is an error.
5️⃣ Writ Jurisdiction (Article 32)
- Citizens can directly approach the Supreme Court for fundamental rights violations.
- The five types of writs issued by the court are:
- Habeas Corpus – Release of an illegally detained person.
- Mandamus – Order to a government officer to perform duty.
- Prohibition – Stop lower courts from exceeding jurisdiction.
- Certiorari – Transfer a case to a higher court.
- Quo-Warranto – Challenge a person’s right to hold office.
3. Powers & Functions of the Supreme Court
✅ Guardian of the Constitution – Ensures that all laws follow the Constitution.
✅ Judicial Review (Article 13) – Can declare laws unconstitutional if they violate fundamental rights.
✅ Public Interest Litigation (PIL) – Citizens can file PILs to address issues of public concern.
✅ Final Interpreter of Law – The Supreme Court’s decisions are binding on all courts in India (Article 141).
✅ Power to Punish for Contempt (Article 129) – Can punish individuals for contempt of court.
4. Important Articles Related to the Supreme Court
| Article | Description |
|---|---|
| Article 124 | Establishment of Supreme Court |
| Article 131 | Original Jurisdiction |
| Article 132-134 | Appellate Jurisdiction |
| Article 137 | Review of Supreme Court judgments |
| Article 141 | Supreme Court’s decisions are binding on all courts |
| Article 143 | Advisory Jurisdiction |
| Article 144 | All authorities must help implement SC orders |
| Article 32 | Right to constitutional remedies (Writ jurisdiction) |
5. Landmark Judgments of the Supreme Court
Golaknath Case (1967)
- Parliament cannot amend fundamental rights.
Kesavananda Bharati Case (1973)
- Established the Doctrine of Basic Structure – The Parliament cannot change the basic structure of the Constitution.
Maneka Gandhi Case (1978)
- Expanded the interpretation of Article 21 (Right to Life and Personal Liberty).
Minerva Mills Case (1980)
- Strengthened the Basic Structure Doctrine.
Vishaka Case (1997)
- Introduced guidelines for sexual harassment at the workplace.
6. MCQs on the Supreme Court of India
1. What is the retirement age of Supreme Court judges?
a) 60 years
b) 62 years
c) 65 years
d) 70 years
✅ Answer: c) 65 years
2. Who appoints the judges of the Supreme Court?
a) Prime Minister
b) President of India
c) Law Minister
d) Parliament
✅ Answer: b) President of India
3. Under which Article can a citizen directly approach the Supreme Court for fundamental rights violations?
a) Article 13
b) Article 32
c) Article 226
d) Article 141
✅ Answer: b) Article 32
4. What is the maximum number of judges in the Supreme Court?
a) 31
b) 33
c) 34
d) 35
✅ Answer: c) 34
5. Which case led to the introduction of the Basic Structure Doctrine?
a) Golaknath Case
b) Kesavananda Bharati Case
c) Minerva Mills Case
d) Maneka Gandhi Case
✅ Answer: b) Kesavananda Bharati Case
6. Which Article allows the President to seek legal advice from the Supreme Court?
a) Article 32
b) Article 131
c) Article 143
d) Article 226
✅ Answer: c) Article 143
7. Which writ is issued to release an illegally detained person?
a) Certiorari
b) Mandamus
c) Habeas Corpus
d) Quo-Warranto
✅ Answer: c) Habeas Corpus
8. Which article states that the decisions of the Supreme Court are binding on all courts?
a) Article 124
b) Article 131
c) Article 141
d) Article 143
✅ Answer: c) Article 141
Conclusion
The Supreme Court of India plays a vital role in upholding the rule of law and protecting the rights of citizens. It ensures justice through judicial review, interpretation of the Constitution, and landmark judgments.
For competitive exams, understanding the Supreme Court’s structure, jurisdiction, and powers is essential. Stay updated with recent judgments and amendments for better exam preparation.
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