🔰 Establishment and Constitution of the Supreme Court 🔰

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1️⃣ Constitutional Basis

Part V, Chapter IV of the Constitution (Articles 124–147).

The Supreme Court of India is the apex court of the country.

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2️⃣ Establishment

Came into existence on 26th January 1950 (the day the Constitution commenced).

Replaced the Federal Court of India (1937–1950) and the Judicial Committee of the Privy Council (highest court during British rule).

Located at New Delhi.

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3️⃣ Composition (Art. 124)

Consists of:

Chief Justice of India (CJI), and

Other judges (the number fixed by Parliament).

At present (2025), the sanctioned strength is 34 judges (including the CJI).

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4️⃣ Appointment of Judges

Appointed by the President of India.

On recommendation of the Collegium (CJI + 4 senior-most judges).

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5️⃣ Qualifications of Judges (Art. 124(3))

A person is qualified if he/she:

🔹 Is a citizen of India, and

🔹 Has been a judge of a High Court for at least 5 years, or

🔹 Has been an advocate of a High Court for at least 10 years, or

🔹 Is a distinguished jurist (in the opinion of the President).

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6️⃣ Tenure of Judges

Till the age of 65 years.

Can resign by writing to the President.

Can be removed by the President on grounds of proved misbehavior or incapacity through impeachment (Art. 124(4)).

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7️⃣ Seat of the Supreme Court (Art. 130)

Permanent seat: Delhi.

The Chief Justice of India, with President’s approval, can hold sittings at other places.

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🟣 Conclusion

The Supreme Court, established under Art. 124 in 1950, is the guardian of the Constitution and the final court of appeal, ensuring the unity, integrity and supremacy of the Constitution and law in India.

📌 Exam Tip: Always write –

Art. 124 → Establishment & composition

26th Jan 1950 → Established

Strength = 34 judges (incl. CJI)

Seat = Delhi (Art. 130)

🔰 Appointment of Acting Chief Justice 🔰

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🕯 Constitutional Provision

Article 126, Indian Constitution.

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1️⃣ Circumstances of Appointment

When the office of the Chief Justice of India (CJI) is:

Vacant, or

The CJI is temporarily absent, or

The CJI is unable to perform duties.

In such situations, the President of India can appoint one of the judges of the Supreme Court to act as the Chief Justice.

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2️⃣ Tenure

The judge so appointed acts as Chief Justice until a permanent CJI resumes office or is appointed.

It is a temporary arrangement.

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3️⃣ Significance

Ensures continuity of judicial functioning of the Supreme Court.

Prevents any disruption in the discharge of constitutional duties of the Chief Justice.

🕯 Example

When CJI Ranjan Gogoi retired in Nov 2019, Justice Sharad Arvind Bobde was appointed as the next CJI. In the interim period before new CJI assumes office, an Acting CJI may be appointed if required.

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✅ Exam Tip: Just remember – Art. 126 → President appoints an Acting CJI in case of vacancy, absence or inability of the CJI.

🔰 Appointment of Ad hoc Judges 🔰

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🪔 Constitutional Provision

Article 127, Indian Constitution.

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1️⃣ Circumstances of Appointment

If at any time the quorum of Judges of the Supreme Court is not available to hold or continue its sittings,

The Chief Justice of India (CJI) may, with the previous consent of the President and after consultation with the Chief Justice of the concerned High Court, request a High Court judge (duly qualified for appointment as a SC judge) to sit and act as an ad hoc judge of the Supreme Court.

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2️⃣ Tenure

The judge so appointed serves for such period as requested by the CJI.

He performs the duties of a Supreme Court judge during that period.

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3️⃣ Powers and Privileges

An ad hoc judge has all the jurisdiction, powers, privileges and immunities of a Supreme Court judge.

They are considered at par with permanent judges of the Supreme Court during their term.

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4️⃣ Significance

Helps in reducing the burden of pendency of cases.

Ensures smooth functioning of the Supreme Court when the number of permanent judges is insufficient.

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✅ Exam Tip: Always write – Art. 127 → Ad hoc judges, appointed by CJI (with President’s consent & consultation with HC Chief Justice).

🔰 Attendance of Retired Judges 🔰

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🌐 Constitutional Provision

Article 128, Indian Constitution

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1️⃣ Power of the Chief Justice of India (CJI)

The CJI may, with the prior consent of the President,

Request a retired Judge of the Supreme Court or a retired Judge of a High Court (qualified for appointment as SC judge)

To sit and act as a Judge of the Supreme Court.

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2️⃣ Conditions

The retired Judge must give consent to such a request.

They act as temporary judges to help manage workload.

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3️⃣ Powers and Jurisdiction

While attending the sittings of the Supreme Court, they exercise all the jurisdiction, powers, privileges and immunities of a Supreme Court Judge.

However, they are not deemed to be a permanent Judge of the Supreme Court.

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4️⃣ Purpose

To ensure smooth disposal of cases when additional judicial strength is required.

Helps in reducing pendency.

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✅ Exam Tip:

Art. 127 → Ad hoc Judges (HC Judges temporarily appointed)

Art. 128 → Retired Judges can be requested to sit in SC

🔰 Supreme Court as a Court of Record 🔰

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🎁 Constitutional Provision

Article 129, Indian Constitution

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1️⃣ Definition

A Court of Record means:

Its records, judgments and proceedings are of evidentiary value and cannot be questioned in any court.

It has the power to punish for contempt of court (civil or criminal).

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2️⃣ Powers of Supreme Court as Court of Record

Authoritative Records: All judgments, proceedings and acts are recognized as valid legal precedents.

Precedent Value: Binding on all courts within India under Article 141.

Contempt Jurisdiction: Supreme Court can punish any person or authority for contempt to maintain its dignity and authority.

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3️⃣ Importance

Ensures uniformity and certainty of law.

Safeguards independence of the judiciary.

Preserves the authority of the Supreme Court over all other courts.

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✅ Exam Tip:

Article 129 → SC a Court of Record

Article 215 → HCs are Courts of Record

🔰 Original Jurisdiction of the Supreme Court 🔰

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🗝 Constitutional Provision

Article 131, Indian Constitution

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1️⃣ Meaning

Original jurisdiction means the power of the Supreme Court to hear a case first, directly, instead of by way of appeal.

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2️⃣ Scope under Article 131

The Supreme Court has exclusive original jurisdiction in disputes involving:

➡️ Government of India vs. one or more States

➡️ One State vs. another State

➡️ Government of India and one or more States on one side vs. one or more States on the other side

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3️⃣ Conditions

The dispute must involve a question of law or fact of legal right.

It should concern the Union and States or between States inter se.

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4️⃣ Exclusions (Where Article 131 does NOT apply)

Disputes arising out of treaties, agreements or covenants (Art. 363).

Matters referred to Finance Commission.

Ordinary suits between citizens and the Government (these go to High Courts first).

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5️⃣ Importance

Ensures federal balance between the Union and States.

Acts as the guardian of the federal structure of India.

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✅ Exam Tip:

Art. 131 → Original Jurisdiction

Art. 32 → Original jurisdiction for Fundamental Rights enforcement (writs).

🔰 Special Leave to Appeal (SLP) – Supreme Court of India 🔰

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🔔 Constitutional Provision:

Article 136 of the Constitution empowers the Supreme Court to grant special leave to appeal against any judgment, decree, sentence or order of any court or tribunal in India.

It is discretionary and extraordinary, not a matter of right.

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🔔 Scope:

Can be invoked in civil or criminal matters.

Provides a remedy even when no statutory appeal exists.

Ensures correction of gross miscarriage of justice or violation of fundamental rights.

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🔔 Conditions for Granting SLP:

Substantial question of law of general importance.

Gross miscarriage of justice or patent error in judgment.

Violation of fundamental rights.

Conflicting decisions of High Courts.

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🔔 Procedure:

Filed by petition, usually within 90 days of the impugned order.

Supreme Court may grant stay of operation during pendency.

Heard by a Bench of 2 or more judges.

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🔔 Key Features:

🔘 Discretionary: Court may refuse even if there is an error.

🔘 Extraordinary jurisdiction: Beyond ordinary appeals.

🔘 Wide applicability: Against any court or tribunal in India.

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🔔 Purpose:

To ensure justice in exceptional cases where other remedies are inadequate.

🔔 Example Cases:

Bachan Singh v. State of Punjab (1980) – Death penalty case.

K.K. Verma v. Union of India (1965) – Administrative decisions.

🔰 Power of the President to Consult the Supreme Court 🔰

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♣️ Constitutional Provision:

Article 143 of the Constitution of India empowers the President of India to seek the advisory opinion of the Supreme Court on any question of law or fact of public importance.

The President may refer such questions; the Supreme Court is not bound to answer, but normally does.

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♣️ Nature of Power:

♦️ Discretionary: President may consult the Court at their discretion.

♦️ Advisory Jurisdiction: The opinion of the Supreme Court in this context is advisory, not binding.

Any question of public importance: Can relate to constitutional interpretation, legal disputes, or other matters of national significance.

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♣️ Procedure:

🀄️ Reference by President: The question is referred in writing.

🀄️ Supreme Court’s Consideration: A Bench of judges considers the matter.

🀄️ Opinion Issued: Court may give written advice/opinion, which the President can consider.

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♣️ Key Features:

🏁 Non-binding: Advisory opinion is not enforceable as a judgment.

🏁 Scope: Only questions of law or fact of public importance.

🏁 Purpose: To assist the President in exercising constitutional functions, especially in areas of uncertainty or dispute.

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♣️ Example:

Re Presidential Reference on the Dissolution of Lok Sabha (1971) – Supreme Court gave advisory opinion on presidential powers.

🔰 Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225 🔰

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📢 Background

Kesavananda Bharati, head of a religious mutt in Kerala, challenged the Kerala Land Reforms Act, 1963, which imposed restrictions on property rights.

During this case, the broader question arose: Can Parliament amend any part of the Constitution, including Fundamental Rights?

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📢 Issues

Scope of Parliament’s power under Article 368 to amend the Constitution.

Whether Fundamental Rights can be altered or destroyed by amendment.

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📢 Judgment

Delivered on 24 April 1973 by a 13-judge bench (largest in Indian history).

7:6 majority held:

⚖️ Parliament has wide powers to amend the Constitution under Article 368.

⚖️ But it cannot alter or destroy the “basic structure” of the Constitution.

⚖️ Doctrine Laid Down – Basic Structure Doctrine

⚖️ Certain fundamental features of the Constitution are beyond Parliament’s amending power. These include:

🔅 Supremacy of the Constitution

🔅 Rule of Law

🔅 Judicial Review

🔅 Separation of Powers

🔅 Federalism

🔅 Secularism

🔅 Democracy & Parliamentary system

🔅 Fundamental Rights

(The list is not exhaustive; it evolves through judicial interpretation.)

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📢 Significance

🔹 This case is called the “Constitutional Magna Carta of India”.

🔹 It struck a balance between Parliamentary supremacy and Constitutional supremacy.

🔹 Prevented arbitrary amendments that could destroy democracy.

🔹 Still governs the limits of constitutional amendments in India today.

🔰 Maneka Gandhi v. Union of India (1978) 🔰

Citation: AIR 1978 SC 597

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📣 Background

Maneka Gandhi’s passport was impounded by the government under the Passport Act, 1967, without giving her reasons.

She challenged this before the Supreme Court, arguing it violated her Fundamental Rights.

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📣 Issues

Whether the right to travel abroad is protected under Article 21 (Right to Life and Personal Liberty).

Whether “procedure established by law” in Article 21 should be interpreted narrowly or broadly.

Relationship between Articles 14, 19 and 21.

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📣 Judgment

A 7-judge bench delivered a unanimous verdict.

⚖️ Held that Article 21 is not confined to a narrow meaning; “procedure established by law” must be just, fair and reasonable, not arbitrary.

⚖️ Right to travel abroad is part of personal liberty under Article 21.

⚖️ Articles 14, 19 and 21 are not mutually exclusive but interlinked and must be read together.

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📣 Significance

Expanded the scope of Article 21 to include various unenumerated rights (like right to travel, right to privacy, right to live with dignity).

Introduced the principle of “due process of law” into Indian constitutional interpretation, aligning with natural justice.

Strengthened judicial review against arbitrary state action.

Became the foundation for later progressive rulings on fundamental rights.

👉 This case is often called the “Golden Triangle case” because it linked Articles 14, 19 and 21.