Powers and Significance
As an essential part of the Indian Polity syllabus (GS-II), a thorough understanding of the Supreme Court is vital for UPSC aspirants. It serves as the guardian of the Constitution and the guarantor of citizens' fundamental rights.
“The Supreme Court of India has more powers than any other Supreme Court in any part of the world.”
– Alladi Krishnaswamy Ayyar
India has a single and unified judicial system with a three-tier structure, adopted from the GoI Act, 1935: Supreme Court (top), High Courts (state level), and Subordinate Courts (district level).
Evolution of India’s Supreme Court
- Regulating Act of 1773: Established the Supreme Court of Judicature at Calcutta as a Court of Record.
- GoI Act 1935: Established the Federal Court of India to solve disputes between provinces and hear appeals from HCs.
- Integrated Judicial System: Adopted from the GoI Act of 1935.
- Establishment: The SC of India came into existence on 26 January 1950 (First sitting: 28 January 1950).
- Replacement of British Privy Council: The SC replaced the Privy Council as the highest court of appeal, giving it a greater jurisdiction.
Constitutional Framework & Position
- Part V (The Union) and Chapter 6 (The Union Judiciary), spanning from Art. 124 to Art. 147.
- Article 124 (1): Provides for a SC with a CJI and (originally) 7 other judges.
- Judicial Strength: SC (Number of Judges) Bill of 2019 increased strength from 31 to 34 judges (including CJI).
- Key Roles: Guarantor of Fundamental Rights and guardian of the Constitution.
- Parliament's Authority: Authorised to regulate organisation, independence, jurisdiction, powers, and procedures of the SC.
Constitutional Position
- Federal and highest constitutional court.
- Power of judicial review.
- Highest court of appeal.
- Final interpreter of the Constitution.
- Court of Record (Art. 129).
Seat and Authority (Art. 130)
- Constitution declares Delhi as the seat of the SC.
- The CJI is authorised (with President's approval) to appoint other places as seats.
- This provision is optional and not compulsory.
Judicial Appointments & Collegium
Chief Justice of India (CJI): Appointed by the President after consultation. By convention (re-affirmed in the Second Judges Case, 1993), the senior-most judge of the SC is appointed as the CJI. This was violated in 1973 and 1977.
Other Judges: Appointed by the President after obligatory consultation with the CJI and the collegium.
Evolution of the Collegium System
Born from the "Three Judges Cases," this system is used for appointments and transfers. It is not mentioned in the Constitution. The SC Collegium is headed by the CJI + four other senior-most judges.
- First Judges Case (1982): SC ruled 'consultation' does not mean 'concurrence' (primacy of executive).
- Second Judges Case (1993): SC reversed its ruling, changing 'consultation' to 'concurrence' (primacy of judiciary).
- Third Judges Case (1998): SC opined consultation requires a "plurality of judges." The CJI must consult a collegium of four senior-most judges.
NJAC Controversy
The 99th Constitutional Amendment Act, 2014, established the National Judicial Appointments Commission (NJAC) to replace the collegium. However, the SC struck down the NJAC, stating it violated the "Independence of the Judiciary," a part of the Basic Structure.
Judge's: Qualifications, Tenure & Removal
- Qualifications: Must be a citizen of India AND (a) a judge of a HC for 5 years, OR (b) an advocate of a HC for 10 years, OR (c) a "distinguished jurist" in the opinion of the President. (No minimum age).
- Oath: Subscribes to an oath before the President or a person appointed by him.
- Tenure: Holds office until age 65. The Constitution has not fixed the tenure. Can resign by writing to the President.
- Removal: Removed by an order of the President after an address by Parliament, supported by a special majority (majority of total membership + 2/3 present and voting) of each House.
- Grounds for Removal: Proved misbehaviour or incapacity. The procedure is regulated by the Judges Enquiry Act (1968). No SC judge has been impeached so far.
Salaries & Temporary Judges
Salaries & Allowances
Determined by Parliament and charged on the Consolidated Fund of India (non-votable). Cannot be varied to their disadvantage (except during a Financial Emergency).
Acting CJI (Art. 126)
The President can appoint an SC judge as acting CJI if the office is vacant, absent, or unable to perform duties.
Ad Hoc Judge (Art. 127)
The CJI can appoint a judge of a HC as an ad hoc SC judge for a temporary period to meet a lack of quorum (with prior consent of the President & CJ of the HC).
Constitutional Safeguards for Independence
| Provision | Details |
|---|---|
| Security of tenure | Removed only by a special majority; "Doctrine of pleasure" not applicable. |
| Fixed service conditions | Cannot be changed to their disadvantage (except financial emergency). |
| Expenses charged on Consolidated Fund | Salaries, allowances, and pensions are non-votable by Parliament. |
| Conduct of judges cannot be discussed | Prohibited in Parliament/Legislature, except during an impeachment motion. |
| Ban on practice after retirement | Prohibited from pleading in any court or before any authority in India. |
| Power to punish for its contempt | Ensures its authority and decisions cannot be easily opposed. |
| Separation from Executive (Art. 50) | Mandates separation of judiciary from the executive. |
Jurisdiction of the Supreme Court
Original Jurisdiction
As a Federal court, the SC has exclusive and original jurisdiction in disputes between:
- The Centre and one or more states.
- The Centre and any state(s) on one side vs. one or more states on the other.
- Two or more states.
Does not extend to: Pre-constitution treaties, inter-state water disputes, matters of the Finance Commission, etc.
Writ Jurisdiction (Art. 32)
SC is empowered to issue writs (Habeas Corpus, Mandamus, Prohibition, Quo-Warranto, Certiorari) for the enforcement of Fundamental Rights. This jurisdiction is original but not exclusive (Hcs also have it under Art. 226). The SC's writ jurisdiction is narrower than the HC's, as the SC can only issue writs for FRs, while HCs can issue them for other purposes as well.
Appellate Jurisdiction
The SC is the highest court of appeal. It hears appeals in:
- Constitutional Matters: If the HC certifies a substantial question of law on constitutional interpretation.
- Civil Matters: If the case involves a substantial question of law.
- Criminal Matters: If the HC has reversed an acquittal and sentenced to death, or taken a case from a subordinate court and sentenced to death.
- Appeal by Special Leave (Art. 136): A discretionary power of the SC to grant leave to appeal from *any* judgment in *any* matter passed by *any* court or tribunal (except military).
Advisory Jurisdiction (Art. 143)
The President can seek the opinion of the SC on:
1) Any question of law or fact of public importance (Opinion is optional for SC).
2) Any dispute from a pre-constitution treaty (Opinion is mandatory for SC).
In both cases, the opinion is only advisory and not binding.
Court of Record (Art. 129)
Judgements are recorded for perpetual memory and serve as legal precedents. It also has the power to punish for its contempt.
Judicial Review & Other Powers
Power of Judicial Review
Power to examine the constitutionality of legislative and executive orders. If found ultra-vires (violating the Constitution), they can be declared invalid. This upholds the supremacy of the Constitution, maintains federal equilibrium, and protects FRs. The scope in India ("procedure established by law") is narrower than in the USA ("due process of law").
Other Key Powers
- Adjudicates disputes regarding the election of the President and Vice-President (original, exclusive, and final authority).
- Enquires into the conduct of the Chairman/members of UPSC on a reference by the President. Its advice for removal is binding.
- Power to review its own judgement or order (self-correcting agency).
- Authorised to withdraw cases pending before HCs or transfer cases from one HC to another.
- Its law is binding on all courts in India (Art. 141). All authorities must act in aid of the SC (Art. 144).
- Parliament can enlarge its jurisdiction w.r.t. the Union List.
Indian SC vs. American SC
| Indian Supreme Court | American Supreme Court |
|---|---|
| Follows "Procedure Established by Law" (narrower judicial review). | Follows "Due Process of Law" (wider judicial review). |
| Appellate jurisdiction covers constitutional, civil, and criminal cases. | Appellate jurisdiction limited to constitutional cases only. |
| Has broad Advisory Jurisdiction (Art. 143). | No advisory jurisdiction. |
| Original jurisdiction confined to federal cases. | Original jurisdiction is broader (incl. naval forces, ambassadors). |
| Parliament can increase its jurisdiction. | Jurisdiction is limited by the Constitution. |