Introduction & Significance
- Apex judicial authority in India, established on 28th January 1950, under Part V, Chapter IV (Articles 124–147).
- Functions as the guardian of the Constitution, protector of Fundamental Rights, and final court of appeal.
- Known as the Court of Record (Art. 129) and possesses the power of judicial review.
Historical Background
- Regulating Act of 1773: Supreme Court at Calcutta.
- Supreme Courts at Madras (1800) & Bombay (1823); replaced by High Courts in 1861.
- Federal Court of India (1937): Predecessor of the Supreme Court.
- Supreme Court of India was constituted in 1950, replacing the Federal Court.
Constitutional Provisions
- Articles 124 to 147 in the Constitution govern:
- Appointment and qualifications of judges
- Jurisdiction (original, appellate, advisory, writ, etc.)
- Tenure, salaries, and removal
- Independence and powers
Composition & Seat
- Initially: 1 Chief Justice + 7 Judges.
- Current strength (as per latest amendment): Chief Justice + 33 other judges.
- Seat: New Delhi (Art. 130 permits other locations with Presidential approval).
Appointment & Collegium System
- Appointed by President after consultation with judges of SC & HC.
- Collegium System:
- Second Judges Case (1993): Advice of CJI binding on President.
- Third Judges Case (1998): CJI to consult 4 senior-most judges.
- No fixed tenure; retirement age: 65 years.
Qualifications (Art. 124(3))
- Indian citizen & any of the following:
- At least 5 years as HC judge, or
- 10 years as an advocate in HC, or
- Distinguished jurist (as per President’s opinion).
Acting, Ad hoc, and Retired Judges
- Art. 126: When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other judges of the court as the President may appoint for the purpose.
- Art. 127: Ad hoc SC Judge from HC (President’s approval + consultation).
- Art. 128: Retired judges can be reappointed with President’s consent.
Removal of Judges
- Grounds: Proved misbehaviour or incapacity.
- Process governed by Judges Enquiry Act, 1968.
- Steps:
- Motion by 100 LS or 50 RS MPs.
- 3-member investigation committee.
- Special majority in both Houses.
- Presidential order for removal.
Jurisdiction & Powers
A. Original Jurisdiction (Art. 131)
- Exclusive jurisdiction in disputes:
- Between Centre and one/more states
- Between two or more states
B. Appellate Jurisdiction
- Civil & criminal appeals from HCs under Arts. 132–134.
- Art. 136: Discretionary Special Leave Petition (SLP) jurisdiction.
C. Advisory Jurisdiction (Art. 143)
- President may seek advice on legal/public interest matters.
D. Writ Jurisdiction (Art. 32)
- Writs for enforcement of FRs: habeas corpus, mandamus, prohibition, certiorari, quo warranto.
E. Judicial Review
- Review of laws, orders, and actions violating the Constitution.
F. Court of Record
- Power to punish for its own contempt (Art. 129).
Oath, Salaries & Independence
- Salaries decided by Parliament; not reduced after appointment.
- Oath: To uphold Constitution, perform duties impartially.
- Protection of independence:
- Security of tenure
- Salaries from Consolidated Fund of India
- No post-retirement practice allowed
- Conduct not discussed in Parliament (except during impeachment)
Issues & Challenges
- Judicial Pendency: Over 80,000 pending cases (as of 2024).
- Opaque Appointment Process: Lack of transparency in Collegium.
- NJAC Act (99th Amendment) declared unconstitutional.
- Judicial Overreach:
- Example: Liquor ban within 500m of highways via PIL.
- Lack of Diversity:
- Only 11 women judges since 1950.
- Under-representation of marginalized communities.
Way Forward
- Increase Judge Strength: To reduce backlog.
- Infrastructure Modernisation: Digital courts, e-filing.
- Transparent Appointments: Broader consultation and disclosure.
- Specialised Benches: For environment, cyber law, IP rights.
- Promote Diversity: Gender, caste, regional inclusion.