Page 26 โ Supreme Court of India
Based on M. Laxmikanth โ Indian Polity (6th Edition)
Key Idea Summary
Core concepts and exam relevance
The Supreme Court (Articles 124โ147) is the highest judicial authority in India and the final interpreter of the Constitution.
It ensures:
- Rule of law
- Protection of Fundamental Rights
- Balance of powers
- Original/Appellate/Advisory jurisdiction
- Judicial review & activism
- Public Interest Litigation (PIL)
- Structure & appointment of judges
- Independence of judiciary
Composition of Supreme Court
Structure and appointments
Chief Justice of India (CJI)
- Head of Supreme Court
- Appointed by President
- Senior-most judge (by convention)
- Master of Roster
Strength
(Including CJI)
Originally 8 judges in 1950
Collegium System
- CJI + 4 senior-most judges
- Recommends appointments
- President formally appoints
- NJAC struck down (2015)
Qualifications
- Citizen of India
- HC Judge for 5+ years, OR
- HC Advocate for 10+ years, OR
- Distinguished jurist (President's opinion)
Jurisdiction of Supreme Court
Five types of jurisdiction
A) Original Jurisdiction (Art. 131)
- Centre vs State disputes
- State vs State disputes
- Centre + States vs Other States
- NOT for: Private disputes
- Constitutional/legal rights disputes only
B) Appellate Jurisdiction
- Constitutional appeals
- Civil appeals
- Criminal appeals
- Highest court of appeal
- Appeals from High Courts
C) Advisory Jurisdiction (Art. 143)
- President seeks SC opinion
- On question of law/fact
- Opinion is not binding
- SC may refuse to advise
D) Writ Jurisdiction (Art. 32)
5 Types of Writs:
- Habeas Corpus โ Produce the body
- Mandamus โ Command to act
- Certiorari โ Quash lower court order
- Prohibition โ Stop proceedings
- Quo Warranto โ By what authority?
E) Judicial Review
- Examine constitutionality of laws
- Strike down unconstitutional laws
- Basic Structure doctrine (1973)
- Essential for checks & balances
Public Interest Litigation (PIL)
Social justice through courts
What is PIL?
- Tool for social justice
- Anyone can file on public interest
- Relaxed locus standi
- Judicial activism instrument
Famous PIL Cases
- Hussainara Khatoon (Undertrial prisoners)
- MC Mehta cases (Environmental)
- Vishaka case (Sexual harassment)
- Right to Food case
Evolution of Supreme Court
Key milestones
Supreme Court established with 8 judges; replaced Federal Court
Kesavananda Bharati case โ Basic Structure doctrine established
Rise of Public Interest Litigation; judicial activism begins
National Judicial Appointments Commission declared unconstitutional; Collegium continues
Simulation Lab
SC Jurisdiction Explorer
๐งช Jurisdiction Identifier
Select a scenario to see which jurisdiction applies.
Select a scenario to identify the applicable jurisdiction.
Exam Booster โ Practice Questions
Test your understanding
1 The Supreme Court is established under which Article?
Article 124 establishes the Supreme Court. Art. 32 = Writs, Art. 131 = Original jurisdiction, Art. 143 = Advisory jurisdiction.
2 Which jurisdiction handles Centre-State disputes?
Original Jurisdiction (Art. 131) handles disputes between Centre and States, or between States. SC is the first and only court to hear such disputes.
Memory Hooks & Quick Revision
Key takeaways for exam day
Revision Summary
3 Exam Points to Remember
- 1 Articles 124-147: SC establishment & powers | 34 judges (including CJI)
- 2 5 Writs: Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto
- 3 Art. 32 = "Heart & Soul" | Art. 131 = Original | Art. 143 = Advisory