Ch 15 – Supreme Court of India

📖 Constitutional Provisions

Part

124–147

Articles

Total Judges

Retirement Age

Formed under Government of India Act, 1935
Court of Record Art 129
Total Judges = 34 (1 Chief + 33 Others)
Parliament can increase or decrease the number of judges through legislation
Seat / Location → Delhi Art 130
SC decisions are binding on all courts in India Art 141

⚠ Exam Trap

SC ka total judge strength Parliament decide karta hai — Constitution mein fixed nahi hai. Originally 8 judges the, ab 34 hain. Court of Record matlab SC apne contempt ke liye punishment de sakta hai.

🏆 Firsts in Supreme Court

1st CJI

Harilal J. Kania

First Chief Justice of India (1950)

1st Woman SC Judge

Fathima Beevi

Appointed 1989 · Also first Muslim woman judge

Direct SC from Bar

Indu Malhotra

First woman advocate directly elevated to SC (2018)

Proposed Removal

Justice V. Ramaswami

1991 — First impeachment attempt (not passed)

💡 Quick Recall

Current CJI — Justice Sanjiv Khanna (as of early 2025). Current strength of SC — 34 judges (including CJI). Ab tak kisi bhi SC judge ka impeachment successful nahi hua.

👨‍⚖️ Appointment of Judges

Other Judges → Appointed by President
Chief Justice (CJI) → By Collegium System Senior-most judge of SC becomes CJI (by convention)

NJAC — Struck Down

National Judicial Appointment Commission (NJAC) Added by 99th Constitutional Amendment S.P. Gupta Case reference Held Non-Constitutional by SC in Supreme Court Advocates-on-Record Association & Another v. Union of India (2015)

⚠ Exam Trap

NJAC 2015 mein SC ne khud invalid kiya — 99th Amendment struck down. Ab bhi Collegium System hi valid hai. Parliament ne judge appointment mein haath daalna chaha tha, SC ne rok diya.

💡 Quick Recall

Collegium System — CJI + 4 senior-most SC judges milke judges recommend karte hain. President unhi ko appoint karta hai. Yahi system Third Judges Case (1998) se confirm hua.

✅ Qualifications for SC Judge

Citizen of India
Judge of a High Court for 5 years
Advocate in High Court for 10 years
In President's opinion, a distinguished jurist

⚠ Exam Trap

SC judge ke liye koi minimum age nahi hai Constitution mein. Retirement age 65 years hai — HC judge ke liye 62 years. Dono alag hain!

💡 Quick Recall

"Distinguished Jurist" category — iss provision ke tehat abhi tak koi judge appoint nahi hua India mein. Ye provision sirf text mein hai, practice mein nahi.

📋 Conditions of Office

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

⚠ Exam Trap

SC judge resign karta hai → President ko. HC judge resign karta hai → President ko. Dono same. Oath bhi dono ko President dilwata hai (CJI nahi).

💡 Quick Recall

Retired SC judge SC mein practice NAHI kar sakta (Art. 124(7)). HC mein practice kar sakta hai — sirf SC forbidden hai. Ye common galti hai!

🚨 Removal of SC Judge

Step-by-Step Process

Motion to Remove — signed by members

✦ Lok Sabha — minimum 100 members must sign · Rajya Sabha — minimum 50 members must sign

Admission by Speaker / Chairman

Discretion of Speaker (LS) or Chairman (RS) on admission of the motion

Inquiry Committee — 3-member committee formed

Consent required from a 3-member committee

Special Majority in both Houses

2/3rd of members present & voting — must also be a majority of total membership

President issues removal order

On grounds of misconduct or incapacity

⚡ Governed by

Judges Inquiry Act, 1968

⚠ Exam Trap

Justice V. Ramaswami (1991) — Pehla aur abhi tak akela impeachment attempt. LS mein pass nahi hua kyunki Congress MPs ne vote nahi diya (walkout kiya). Abhi tak kisi bhi SC/HC judge ka impeachment successful nahi hua!

💡 Quick Recall

SC judge removal = Impeachment jaisi process — Special Majority, both Houses, President remove karta hai. President khud apni marzi se nahi hata sakta — Parliament ki recommendation zaroori hai.

🏛️ Jurisdiction & Powers of SC

Original Jurisdiction Art. 131

✦ Disputes between Government of India and one or more States
✦ Between two or more States
Directly to SC — no lower court involved

Appellate Jurisdiction Art. 132–134

✦ Art. 132 — Constitutional (Appellate)
✦ Art. 133 — Civil (Appellate)
✦ Art. 134 — Criminal (Appellate)
Cases related to interpretation of Constitution & Law

Advisory Jurisdiction Art. 143

President can seek SC's opinion on issues of public importance.
⚠ Advisory opinion NOT binding on President or SC

Review Jurisdiction Art. 137

SC can review its own judgements. Review petition filed within 30 days of judgement.

Writ Jurisdiction Art. 32

5 types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto.
Only for Fundamental Rights violation (Art. 32) — HC has wider jurisdiction (Art. 226)

Power of Transfer Art. 138

Transfer cases from one High Court to another, or from HC to SC itself.

Judicial Review

SC's power to review decisions of High Courts and lower courts. SC decisions binding on all courts (Art. 141).

⚠️ Important Jurisdiction Distinctions

⚠ Exam Trap — Advisory Jurisdiction

Art. 143 — Advisory opinion NOT binding. President can ASK, SC can REFUSE to give opinion. Both President and SC are free — ye advisory hai, mandatory nahi.

⚠ Exam Trap — Original vs Writ

Original Jurisdiction (Art. 131) — Centre vs State disputes. Writ Jurisdiction (Art. 32) — FR violations. Dono seedha SC mein jaate hain, lekin reasons alag hain!

⚠ Exam Trap — Art. 32 vs Art. 226

Art. 32 (SC) — Only for Fundamental Rights. Art. 226 (HC) — FR + Legal Rights both. HC ki jurisdiction wider hai. SC ka Art. 32 itself a Fundamental Right hai!

💡 Quick Recall

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.

💰 Salary, Allowances & Key Facts

Chief Justice

₹2.8 L

per month

Other Judges

₹2.5 L

per month

Salary determined by Parliament
Paid from Consolidated Fund of India
Salary cannot be reduced during service (security of tenure)

⚠ Exam Trap

SC CJI salary = ₹2.8 Lakh · SC Other Judges = ₹2.5 Lakh · President = ₹5 Lakh · Governor = ₹3.5 Lakh. Ye salary comparison MCQ mein directly aata hai — sab yaad karo!

💡 Quick Recall — Salary Summary

President (₹5L) > Governor (₹3.5L) > CJI (₹2.8L) > SC Judge (₹2.5L) > PM (as MP salary). PM ko fixed constitutional salary nahi hoti — MP salary + allowances milti hain.

📜 Key Articles — Supreme Court (Art. 124–147)

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

💡 Quick Recall — Must-Know Articles

Art. 124 (Composition) · Art. 131 (Original) · Art. 141 (Binding decisions) · Art. 143 (Advisory) — ye 4 articles exam mein sabse zyada aate hain!

⚖️ Supreme Court of India