The Supreme Court of India: History, Objectives, Powers, Functions, Collegium, Top 10 Landmark Judgments, Recruitment, Latest Updates, UPSC Questions

Q: Why is the Supreme Court of India important?

Answer. The Supreme Court of India holds paramount significance as the highest judicial authority. It plays a crucial role in interpreting the Constitution, safeguarding citizens' rights, and ensuring justice through its decisions.

Q: What is the jurisdiction of the Supreme Court of India?

Answer. The Supreme Court of India has extensive jurisdiction, including original, appellate, advisory, and writ jurisdiction. It handles federal disputes, interprets the Constitution, and safeguards fundamental rights, making it the final court of appeal.

Q: What is the history behind the Supreme Court of India?

Answer. Established on January 28, 1950, the Supreme Court of India replaced the Federal Court and became the apex judicial body. Its foundation marked a crucial milestone in the legal history of independent India.

Q: What is the motto of the Supreme Court of India in Sanskrit?

Answer. The motto is "यतो धर्मस्ततो जयः" (Yato Dharmas Tato Jayaḥ), meaning "Where there is Dharma, there is Victory."

Q: What is the motto of the Supreme Court of India in Hindi?

Answer. The motto is "यतो धर्मस्ततो जयः" (Yato Dharmas Tato Jayaḥ), तथा भारतीय सर्वोच्च न्यायलय के इस सिद्धांत / निति-वाक्य - शीर्ष-वाक्य का अर्थ यह है कि "जहां धर्म है, वहां विजय है"

Q: What is considered the best judgment of the Supreme Court of India?

Answer. There are numerous landmark judgments, and opinions on the "best" may vary. Examples include Kesavananda Bharati case on constitutional amendments and Maneka Gandhi case on personal liberty.

Q: Does the Supreme Court of India provide free legal aid?

Answer. Yes, the Supreme Court of India is committed to ensuring access to justice for all, including those who cannot afford legal representation. It has established mechanisms for providing free legal aid to individuals who are economically disadvantaged. The Legal Services Authorities Act, 1987, and the National Legal Services Authority (NALSA) aim to promote and ensure the availability of free legal services to the marginalized and vulnerable sections of society. These services include legal representation, legal advice, and assistance in various legal matters to ensure that justice is accessible to everyone, irrespective of their financial means.

Q: What are the functions of the Supreme Court of India?

Answer. The functions include interpreting the Constitution, acting as the final court of appeal, judicial review, protecting fundamental rights, and ensuring justice and equity.

Q: Who was the first Chief Justice of the Supreme Court of India?

Answer. Harilal Jekisundas Kania served as the first Chief Justice of the Supreme Court of India from 1950 to 1951.

Q: When is the Foundation Day of the Supreme Court of India?

Answer. The Supreme Court of India was established on January 28, 1950. Therefore, January 28 is celebrated as its Foundation Day.

Introduction

There are 500+ reasons why everyday Supreme Court of India retains their spotlight in public. Supreme Court of India is considered as only reason why the balance of the power between legislative and executive get retains. Many people with great intellect and progressive thinking considers the Supreme Court of India to the Soul of Indian Democracy.

Those who are preparing for major competitive examinations such as UPSC, SSC, SSB, Railways and many similar exams, always get all the possible knowledge about Supreme Court of India. If you are also preparing for exam like UPSC, then this blog is for you.

So, let’s start-

What Supreme Court of India? – Supreme Court of India UPSC

The Supreme Court of India holds a paramount position in the country’s judicial framework, serving as the apex court with the highest authority.

Unlike the United States, where there is a dual judiciary system—one for federal laws and another for state laws—the Indian Constitution establishes a unified judicial system. This system is characterized by a hierarchy of courts with the Supreme Court at the pinnacle, followed by high courts and subordinate courts beneath them.

The Indian Supreme Court, inaugurated on January 28, 1950, succeeded the Federal Court of India, which was established under the Government of India Act of 1935. Its jurisdiction is more extensive than its predecessor because it replaced the British Privy Council as the highest court of appeal in the country.

Articles 124 to 147 in Part V of the Indian Constitution provide a comprehensive framework for the organization, independence, jurisdiction, powers, and procedures of the Supreme Court. Additionally, Parliament is vested with the authority to regulate these aspects.

As of the present, the Supreme Court is comprised of thirty-four judges, including the Chief Justice of India. The number of judges was increased from twenty-six to thirty-one through the Supreme Court (Number of Judges) Amendment Act, 2008.

Originally, the court’s strength was fixed at eight judges, consisting of one Chief Justice and seven other judges. Over the years, Parliament has incrementally raised the number of judges to accommodate the growing legal workload, reaching twenty-five in 1986.

The organizational structure of the Supreme Court reflects its pivotal role in interpreting and upholding the Constitution, ensuring justice, and serving as the final court of appeal.

Its decisions have far-reaching implications, impacting the legal landscape of the nation. The Supreme Court of India, with its esteemed judges and extensive jurisdiction, stands as the guardian of justice and protector of constitutional values in the Indian legal system.

Supreme Court of India Official website – https://main.sci.gov.in/

History of Supreme Court of India

The Supreme Court of India, inaugurated on January 28, 1950, holds a rich history and occupies a prominent place in the country’s legal landscape.

Established two days after India became a Sovereign Democratic Republic, the Supreme Court initially functioned in the Chamber of Princes within the Parliament building. The Federal Court of India had previously occupied this space from 1937 to 1950.

The inaugural ceremony, attended by eminent jurists and dignitaries, marked the beginning of the Supreme Court’s journey. Its early years saw a Chief Justice and seven puisne Judges, a number that increased over time to meet the growing workload and address case backlogs.

The Court moved to its present building in 1958, designed to symbolize the scales of justice, with later additions of the East and West Wings in 1979.

The evolution of the Supreme Court’s structure reflects the dynamic nature of India’s legal system. From eight Judges in 1950, the number has grown to 34 in 2019.

The appointment criteria mandate a person to be a citizen of India and, in the case of a Judge, to have served for at least five years in a High Court or ten years as an Advocate. Judges retire at the age of 65.

The Constitution safeguards the independence of Supreme Court Judges, allowing removal only on grounds of proven misbehavior or incapacity through a rigorous parliamentary process.

The Court’s proceedings are conducted exclusively in English, and rules framed under Article 145 of the Constitution regulate its practice and procedure.

Over the years, the Supreme Court has played a pivotal role in interpreting the Constitution, ensuring justice, and upholding the principles of law and democracy in India.

Appointment of judges of Supreme court of India

The appointment of judges to the Supreme Court of India is a critical process guided by constitutional provisions to ensure the highest standards of competence, integrity, and independence on the bench. The procedure for appointing judges is outlined in Articles 124 and 217 of the Indian Constitution.

1. Nomination by the President

The process begins with the President of India, who nominates judges to the Supreme Court. The President may consult with the Chief Justice of India and other senior judges but is not bound by their recommendations.

2. Consultation with the Chief Justice of India

While the President has the authority to appoint judges, conventionally, the Chief Justice of India plays a crucial role in the process. The President usually seeks the Chief Justice’s opinion and consults with the collegium, a body of senior judges, for their recommendations.

3. The Collegium System

The collegium system, though not explicitly mentioned in the Constitution, has evolved as a practice for judicial appointments. The collegium typically consists of the Chief Justice of India and a few of the most senior judges. The collegium’s recommendations carry significant weight in the appointment process.

4. Judicial Appointments Commission (NJAC)

In an attempt to reform the appointment process, the National Judicial Appointments Commission (NJAC) was proposed through the 99th Constitutional Amendment Act in 2014. However, the Supreme Court, in a landmark judgment in 2015 (Supreme Court Advocates-on-Record Association v. Union of India), declared the NJAC unconstitutional and upheld the collegium system, reiterating the judiciary’s role in appointments.

5. Eligibility Criteria

To be eligible for appointment as a judge of the Supreme Court, a person must be a citizen of India, must have been a judge of a high court for at least five years or has been an advocate there for ten years, or in the opinion of the President, a distinguished jurist.

6. Oath of Office

Once appointed, the judges take an oath of office before the President, and they hold office until they attain the age of 65 years, unless they resign or are impeached before that age.

7. Independence and Security of Tenure

The Constitution ensures the independence and security of tenure of judges to safeguard them from external influences. A judge can only be removed through a process of impeachment by Parliament, which is a rare and arduous procedure.

Independence of Supreme Court – Explain the Reason why Supreme Court is an Independent Organization in India

The independence of the Supreme Court of India is crucial to its role as a federal court, the highest court of appeal, and the guardian of the Constitution and fundamental rights. To safeguard this independence, the Constitution incorporates several provisions:

Mode of Appointment

Judges are appointed by the President in consultation with members of the judiciary, reducing executive discretion and ensuring appointments are based on merit rather than political considerations.

Security of Tenure

Judges enjoy security of tenure and can only be removed by the President based on specified grounds mentioned in the Constitution. This prevents arbitrary removals and ensures judicial independence.

Fixed Service Conditions

Salaries, allowances, privileges, leave, and pensions are determined by Parliament and cannot be altered to the judges’ disadvantage after their appointment, except during a financial emergency. This stabilizes the conditions of service.

Expenses Charged on Consolidated Fund

The salaries, allowances, and pensions of judges, as well as administrative expenses, are charged on the Consolidated Fund of India. This financial autonomy prevents undue influence through budgetary decisions.

Conduct of Judges cannot be Discussed

Parliament or State Legislature cannot discuss the conduct of judges, ensuring that judicial decisions are not subject to political interference, except during an impeachment motion.

Ban on Practice after Retirement

Retired judges are prohibited from practicing in any court within India, preventing potential conflicts of interest and ensuring impartiality in their post-retirement activities.

Power to Punish for Contempt

The Supreme Court has the authority to punish for contempt, maintaining the dignity and honor of the judiciary by preventing undue criticism or opposition to its actions.

Freedom to Appoint its Staff

The Chief Justice of India has the freedom to appoint officers and servants of the Supreme Court without executive interference, preserving the judiciary’s administrative autonomy.

Jurisdiction cannot be Curtailed

While Parliament can extend the jurisdiction of the Supreme Court, it is not authorized to curtail its existing powers and jurisdiction, ensuring the court’s effectiveness in upholding constitutional rights.

Separation from Executive

The Constitution mandates the separation of the judiciary from the executive in public services, eliminating the executive’s judicial powers to uphold the independence and impartiality of the judiciary.

Jurisdiction of Supreme Court of India in Detail

There is mainly 7 types of Jurisdiction of Supreme Court of India-

Original Jurisdiction
Writ Jurisdiction
Appellate Jurisdiction
Advisory Jurisdiction
A Court of Record
Power of Judicial Review
Other Powers

1. Original Jurisdiction

Exclusive Federal Disputes: The Supreme Court exercises exclusive original jurisdiction in disputes involving the federal structure, including conflicts between the Center and one or more states, the Center and states on one side versus other states on the other, and disputes between two or more states.
Legal Nature: The disputes must involve questions (of law or fact) determining the existence or extent of legal rights, excluding political matters.
Private Citizen Limitation: Private citizens cannot directly initiate suits against the Center or states; only federal disputes of legal nature are entertained.

2. Writ Jurisdiction

Fundamental Rights Protection: The Supreme Court, as the guardian of fundamental rights, can issue writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari for the enforcement of these rights.
Parallel High Court Authority: While the Supreme Court has original jurisdiction, high courts also possess the power to issue writs for fundamental rights enforcement.
Wide Applicability: The writ jurisdiction is not limited to fundamental rights alone; it can extend to other purposes if conferred by Parliament.
Parallel Remedies: Citizens aggrieved by a violation of fundamental rights can approach either the Supreme Court or the high courts directly.

3. Appellate Jurisdiction

Constitutional Matters: Appeals in constitutional matters are accepted when a substantial question of law requiring constitutional interpretation is certified by a high court.
Civil and Criminal Appeals: The Supreme Court hears appeals in civil and criminal matters, with distinct criteria for cases related to acquittals and death sentences.
Special Leave Appeals: The discretionary power to grant special leave to appeal is broad, covering judgments from any court or tribunal in the country.
Review and Departure: The Supreme Court can review its own judgments and is not bound by precedent, allowing for corrections in the interest of justice or public welfare.

4. Advisory Jurisdiction

Presidential Reference: The President can seek advisory opinions on questions of law or fact, facilitating informed decision-making.
Compulsory Advisory Opinion: In matters related to pre-constitution treaties, agreements, etc., the Supreme Court is obligated to provide an opinion.
Non-Binding Nature: The advisory opinions are not binding on the President, who may choose to follow or disregard them.

5. A Court of Record

Legal Precedents: The Supreme Court’s judgments, proceedings, and acts are recorded for perpetuity, serving as legal precedents with evidentiary value.
Contempt Powers: The court can punish contempt of court, maintaining its dignity and authority, with provisions for both civil and criminal contempt.
Scope of Contempt: Contempt includes acts that scandalize the court, interfere with due judicial process, or obstruct the administration of justice.
Exceptions: Innocent publication, fair reporting, and reasonable criticism of judicial acts do not amount to contempt of court.
Binding Nature: The Supreme Court’s decisions are binding on all courts in India, and authorities are required to act in aid of the Supreme Court.

6. Power of Judicial Review

Constitutional Evaluation: The Supreme Court holds the power of judicial review, examining the constitutionality of legislative enactments and executive orders.
Nullification of Unconstitutional Acts: If found violative of the Constitution, acts can be declared illegal, unconstitutional, and invalid, rendering them unenforceable.
Safeguarding Constitutional Principles: Judicial review ensures the protection of fundamental principles embedded in the Constitution.

7. Other Powers

Presidential and Vice-Presidential Election Disputes: The Supreme Court has original, exclusive, and final authority in disputes related to the election of the President and Vice-President.
UPSC Member Conduct Inquiry: It can inquire into the conduct and behavior of Union Public Service Commission members, recommending removal to the President.
Self-Review Powers: The Supreme Court can review its own judgments, departing from precedent in the interest of justice or community welfare.
Case Transfer and Withdrawal: The court has the authority to transfer or withdraw cases, either pending before high courts or other subordinate courts.
Ultimate Interpreter of the Constitution: The Supreme Court is the ultimate interpreter of the Constitution, providing a final version of its spirit and content.

Functions of Supreme Court of India

There are so many functions of Supreme Court of India. Here, we have added a few major functions of Supreme Court of India Below-

1. Guardian of the Constitution

The Supreme Court serves as the guardian of the Constitution, ensuring that all laws and actions conform to the constitutional provisions.

2. Protector of Fundamental Rights

It safeguards the fundamental rights of citizens by hearing cases related to violations and ensuring their enforcement.

3. Judicial Review

The Supreme Court exercises the power of judicial review, reviewing the constitutionality of legislative enactments and executive orders.

4. Final Court of Appeal

As the apex court, it acts as the final court of appeal, hearing appeals from lower courts and delivering judgments that set legal precedents.

5. Original Jurisdiction

The Supreme Court has original jurisdiction in certain cases involving federal disputes, where it can hear and decide cases directly without waiting for lower courts.

6. Advisory Jurisdiction

It provides advisory opinions to the President on questions of law or fact, enhancing the legal clarity on important issues.

7. Interpretation of Laws

The Supreme Court interprets laws, including constitutional provisions, ensuring a consistent and authoritative interpretation of legal texts.

8. Contempt of Court

The court has the power to punish for contempt, ensuring respect for its judgments and maintaining the dignity and authority of the judiciary.

9. Settlement of Disputes

It settles disputes between the Center and states or between states, playing a crucial role in maintaining federal harmony.

10. Appointment of Judges

The Supreme Court participates in the appointment of judges, contributing to the independence and integrity of the judiciary.

Powers of Supreme Court of India

Supreme Court of India is powerful. We have seen the Supreme Court of India their powers many times. Here, we have categorized their powers in few points below-

1. Original Jurisdiction

Adjudicates disputes between different units of the Indian Federation, including disputes between the Centre and states or between states.

2. Writ Jurisdiction

Empowered to issue writs, including habeas corpus, mandamus, prohibition, quo-warrento, and certiorari, for the enforcement of fundamental rights.

3. Appellate Jurisdiction

Hears appeals in constitutional, civil, and criminal matters, providing a wide range of appellate powers.

4. Advisory Jurisdiction

Authorized to provide opinions to the President on matters of law or fact of public importance and disputes arising from pre-constitution treaties or agreements.

5. Court of Record

Records judgments, proceedings, and acts for perpetual memory and testimony, with recognized evidentiary value and legal precedents.

6. Contempt of Court

Empowered to punish for contempt of court, ensuring the authority, dignity, and honor of the judiciary.

7. Power of Judicial Review

Reviews the constitutionality of legislative enactments and executive orders, declaring them invalid if found violative of the Constitution.

8. Election Disputes

Resolves disputes related to the election of the President and Vice-President with original, exclusive, and final authority.

9. UPSC Member Conduct

Inquires into the conduct of the Chairman and members of the Union Public Service Commission and recommends removal if guilty of misbehavior.

10. Review of Own Judgments

Possesses the power to review its own judgments or orders, allowing for corrections or changes in the interest of justice.

11. Transfer of Cases

Can withdraw cases pending before high courts and dispose them by itself, and transfer cases or appeals pending before one high court to another.

12. Binding Law

Its decisions and laws are binding on all courts in India, and its decrees or orders are enforceable throughout the country.

13. Ultimate Interpreter of Constitution

Acts as the ultimate interpreter of the Constitution, providing the final version of the spirit and content of constitutional provisions.

14. Judicial Superintendence

Exercises power of judicial superintendence and control over all courts and tribunals functioning in the entire territory of the country.

15. Parliamentary Enlargement

Parliament can enlarge its jurisdiction and powers with respect to matters in the Union list.

16. Conduct of Judges

Establishes rules and regulations for the conduct of judges, ensuring ethical standards and accountability.

17. Appointment of Officers

The Chief Justice of India can appoint officers and servants of the Supreme Court without interference from the executive.

18. Special Leave to Appeal

Has discretionary power to grant special leave to appeal in any matter against the judgment of any court or tribunal, excluding military tribunals.

19. Financial Independence

Salaries, allowances, and pensions of judges, along with administrative expenses, are charged on the Consolidated Fund of India, ensuring financial independence.

20. Separation from Executive

Directs the State to take steps to separate the judiciary from the executive in public services, preventing executive authorities from possessing judicial powers.

Difference between Indian Supreme Court & American Supreme Court

There are many differences in between Indian Supreme Court & American Supreme court. Here we have added 10+ major differences between Indian Supreme Court & American Supreme court below-

Difference	Indian Supreme Court	American Supreme Court
Original Jurisdiction	Confined to federal cases.	Covers federal cases, naval forces, maritime activities, ambassadors, etc.
Appellate Jurisdiction	Covers constitutional, civil, and criminal cases.	Confined to constitutional cases only.
Special Leave to Appeal	Has wide discretion to grant special leave to appeal in any matter.	Lacks plenary power for such wide discretion.
Advisory Jurisdiction	Possesses advisory jurisdiction.	Lacks advisory jurisdiction.
Scope of Judicial Review	Limited scope of judicial review.	Very wide scope of judicial review.
Defense of Citizen Rights	Defends rights according to the ‘procedure established by law.’	Defends rights according to the ‘due process of law.’
Jurisdiction and Powers	Can be enlarged by Parliament.	Limited to that conferred by the Constitution.
Judicial Superintendence	Has power of judicial superintendence and control over state high courts due to an integrated judicial system.	Lacks such power due to a double (or separated) judicial system.
Method of Judicial Appointment	Appointed by the President of India.	Appointed by the President of the United States with Senate confirmation.
Retirement Age	Judges retire at 65 years.	No fixed retirement age; they serve for life or until voluntary retirement.
Legal Education Requirement	No specific legal education requirement for judges.	Typically, judges have a legal background, often holding law degrees.
Constitutional Interpretation	Interprets the Constitution as per the ‘procedure established by law.’	Interprets the Constitution based on the ‘original intent’ or ‘living constitution’ philosophy.
Judicial Precedent	Follows a doctrine of precedent but has more flexibility.	Adheres strictly to the doctrine of precedent or stare decisis.
Role in Impeachment	Involved in the impeachment of the President or other constitutional authorities.	No direct role in the impeachment process; impeachment handled by the legislative branch.
Role in Constitutional Amendments	Has no role in constitutional amendments.	No direct role in constitutional amendments; amendments initiated by Congress or states.

Difference between Indian Supreme Court & American Supreme Court

Top 10 Landmark Judgements of Supreme court of India

We have listed the top 10 Landmark Judgements of Supreme court of India below-