Parliament determines the sanctioned strength of the Supreme Court; the Constitution does not fix it. The Court originally had eight judges and now has a sanctioned strength of 34 including the Chief Justice. As a Court of Record, it can punish for contempt.
As stated for early 2025, Justice Sanjiv Khanna was the Chief Justice of India and the Supreme Court's sanctioned strength was 34 judges including the Chief Justice. No Supreme Court judge has been successfully removed through the parliamentary process.
In 2015, the Supreme Court invalidated the NJAC and struck down the 99th Amendment. The Collegium System therefore remains operative for judicial appointments.
Under the Collegium System, the Chief Justice of India and four senior-most Supreme Court judges recommend appointments. The President formally appoints the recommended judges. The Third Judges Case of 1998 clarified this system.
The Constitution prescribes no minimum age for appointment as a Supreme Court judge. Supreme Court judges retire at 65, while High Court judges retire at 62.
No Supreme Court judge has yet been appointed under the "distinguished jurist" qualification. The category exists in the constitutional text but has not been used in practice.
| Feature | Details |
|---|---|
| Oath / Resignation | President |
| Tenure | Until 65 years of age |
| Acting CJI | Appointed by President when CJI is absent |
| After Retirement | Cannot practice in any court in India (except SC) |
| Salary Source | Consolidated Fund of India |
Supreme Court and High Court judges submit their resignations to the President. The President appoints them, although their oaths are administered by the authorities specified in the Constitution.
Under Article 124(7), a retired Supreme Court judge cannot plead or act before any court or authority in India. A retired High Court judge may practise before the Supreme Court and other High Courts, but not before the High Court in which the judge served or its subordinate courts.
Justice V. Ramaswami faced the first removal motion against a Supreme Court judge. It failed in the Lok Sabha because Congress members abstained. No Supreme Court or High Court judge has yet been successfully removed through this process.
Removal of a Supreme Court judge follows an impeachment-like process: each House must pass the motion by a special majority, after which the President orders removal. The President cannot remove a judge without Parliament's address.
An advisory opinion under Article 143 is not binding. The President may refer a question to the Supreme Court, and in appropriate cases the Court may decline to answer.
Article 131 gives the Supreme Court original jurisdiction over specified Union-State disputes, while Article 32 allows direct access to the Court for enforcement of Fundamental Rights. The grounds are different.
Article 32 allows the Supreme Court to enforce Fundamental Rights, while Article 226 allows High Courts to enforce Fundamental Rights and other legal rights. Article 226 is wider in subject matter, although Article 32 is itself a Fundamental Right.
Art. 141 — SC's decisions are law of the land — binding on all courts below SC. This is why SC decisions have such importance in India's legal system.
Monthly salaries: Chief Justice of India ₹2.8 lakh; other Supreme Court judges ₹2.5 lakh; President ₹5 lakh; Governor ₹3.5 lakh. This comparison is frequently tested.
Salary comparison: President ₹5 lakh; Governor ₹3.5 lakh; Chief Justice of India ₹2.8 lakh; Supreme Court judge ₹2.5 lakh per month. The Prime Minister receives the salary and allowances applicable to a Member of Parliament rather than a separately fixed constitutional salary.
| Article | Subject |
|---|---|
| 124 | Composition & Appointment of SC Judges |
| 125 | Salary of SC Judges (determined by Parliament) |
| 129 | Supreme Court as Court of Record |
| 130 | Seat of Supreme Court — Delhi |
| 131 | Original Jurisdiction (Centre-State disputes) |
| 132 | Appellate Jurisdiction — Constitutional matters |
| 133 | Appellate Jurisdiction — Civil matters |
| 134 | Appellate Jurisdiction — Criminal matters |
| 137 | Review of Judgements by SC |
| 138 | Expansion of Jurisdiction / Power of Transfer |
| 139 | Grant of Writ Powers (Art. 32 also) |
| 141 | SC decisions binding on all courts |
| 143 | Advisory Jurisdiction — President can seek SC opinion |
| 147 | Interpretation of Constitution by SC |
Articles 124 (composition), 131 (original jurisdiction), 141 (binding effect of Supreme Court law) and 143 (advisory jurisdiction) are especially important for examinations.