Union Judiciary: The Supreme Court of India — Composition and Jurisdiction – AIBE

Introduction

The Supreme Court of India stands as the guardian of the Constitution, the protector of Fundamental Rights, and the final court of appeal in India’s judicial system. Established on January 28, 1950, two days after the Constitution came into force, it replaced the Federal Court of India and the Privy Council.

The Supreme Court derives its authority from Articles 124 to 147 of the Constitution of India, under Chapter IV, Part V. It ensures that the laws passed by the Legislature and actions of the Executive conform to the spirit of the Constitution, thereby maintaining the doctrine of separation of powers and rule of law.

Historical Background

Before independence, India had a Federal Court (1937–1950) established under the Government of India Act, 1935, and appeals from this court went to the Privy Council in London. During the Constituent Assembly Debates, members emphasized the need for a Supreme Court in India itself, which would be the final interpreter of the Constitution and act as a check on arbitrary power.

Dr. B.R. Ambedkar, while defending the inclusion of the Supreme Court, described it as “the keystone in the arch of the Constitution.” The framers adopted a federal judiciary with unitary features, ensuring uniform interpretation of laws across India.

Composition of the Supreme Court (Article 124)

According to Article 124, the Supreme Court shall consist of:

One Chief Justice of India (CJI), and
Not more than 34 other Judges (as per the Constitution (104th Amendment) Act, 2019).

The judges are appointed by the President of India after consultation with the CJI and other judges as deemed necessary.

Qualifications for Appointment (Article 124(3)):

A person is eligible to be appointed as a judge of the Supreme Court if he/she:

Is a citizen of India, and
Has been a judge of a High Court for at least five years, or
Has been an advocate of a High Court for at least ten years, or
Is a distinguished jurist, in the opinion of the President.

Appointment of Judges: The Collegium System

Initially, judges were appointed by the President in consultation with the judiciary and executive, but over time, judicial interpretation evolved into the Collegium System through landmark judgments known as the Three Judges Cases:

S.P. Gupta v. Union of India (1981) – First Judges Case
- Held that the Executive had primacy in judicial appointments.
Supreme Court Advocates-on-Record Association v. Union of India (1993) – Second Judges Case
- Reversed the earlier view; Judiciary got primacy in appointments.
In re Presidential Reference (1998) – Third Judges Case
- Established the Collegium System, comprising CJI and four senior-most judges, to recommend appointments and transfers.
National Judicial Appointments Commission (NJAC) Case (2015)
- The Constitution (99th Amendment) Act, 2014 and NJAC Act were struck down as unconstitutional.
- Reaffirmed judicial independence and Collegium System.

Tenure and Removal

Tenure: Judges hold office until the age of 65 years.
Removal: As per Article 124(4), a judge can be removed by the President on grounds of proved misbehavior or incapacity, after an address by Parliament, supported by:
- A special majority in both Houses, and
- Investigation by an Inquiry Committee under the Judges (Inquiry) Act, 1968.
To date, no Supreme Court judge has been removed by impeachment.

Jurisdiction of the Supreme Court

The jurisdiction of the Supreme Court is vast and covers original, appellate, advisory, and review powers. These ensure the uniform interpretation of the Constitution and laws across the nation.

Original Jurisdiction (Article 131)

The Supreme Court has exclusive original jurisdiction in disputes between:

The Government of India and one or more States, or
Between two or more States.

Example: State of Karnataka v. Union of India (1978) – clarified the scope of Article 131 and interstate disputes.

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Appellate Jurisdiction (Articles 132–134A)

The Supreme Court acts as the final court of appeal in the following matters:

Constitutional matters (Article 132) – Where the case involves a substantial question of law regarding the Constitution.
Civil matters (Article 133) – Where High Court certifies substantial legal question.
Criminal matters (Article 134) – Appeals from High Court decisions in serious criminal cases.

Example: Kesavananda Bharati v. State of Kerala (1973) – Appeal under Article 132 led to the Basic Structure Doctrine.

Advisory Jurisdiction (Article 143)

The President of India may seek the advisory opinion of the Supreme Court on any question of law or public importance.

The advice is not binding on the President.

Example: Re: Kerala Education Bill (1958) – One of the earliest uses of Article 143.

Writ Jurisdiction (Article 32)

Known as the “heart and soul” of the Constitution, as described by Dr. Ambedkar, Article 32 empowers the Supreme Court to issue writs for the enforcement of Fundamental Rights:

Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

Landmark Case:
Maneka Gandhi v. Union of India (1978) – Expanded the scope of Article 21 (Right to Life and Liberty) and strengthened Article 32 remedies.

Power of Judicial Review

The Supreme Court has the power to review laws and executive actions to ensure conformity with the Constitution.

It forms part of the Basic Structure Doctrine (Kesavananda Bharati v. State of Kerala, 1973).
Judicial review safeguards separation of powers and constitutional supremacy.

Review and Curative Jurisdiction

Article 137: Supreme Court may review its own judgments.
Curative Petition (Rupa Ashok Hurra v. Ashok Hurra, 2002) – Created as a final remedy to prevent miscarriage of justice even after review petitions are dismissed.

Judicial Independence and Accountability

Judicial independence is a basic feature of the Constitution. To secure this:

Judges enjoy security of tenure,
Salaries are charged on the Consolidated Fund of India, and
Judiciary is free from executive interference.

At the same time, accountability is ensured through impeachment provisions and the Code of Conduct for judges.

Significant Case Laws

Case	Citation	Principle Established
Kesavananda Bharati v. State of Kerala (1973)	AIR 1973 SC 1461	Judicial review and Basic Structure Doctrine
Maneka Gandhi v. Union of India (1978)	AIR 1978 SC 597	Expanded Fundamental Rights and Article 32 scope
S.P. Gupta v. Union of India (1981)	AIR 1982 SC 149	Executive primacy in appointments (First Judges Case)
Supreme Court Advocates-on-Record Association v. Union of India (1993)	AIR 1994 SC 268	Judicial primacy and Collegium system established
NJAC Case (2015)	(2015) 4 SCC 1	Struck down NJAC Act; reaffirmed judicial independence

Conclusion

The Supreme Court of India is not merely a court of law but the Constitution’s sentinel. Through its broad jurisdiction, independence, and landmark decisions, it ensures that India remains a democratic and constitutional republic.

Its powers of judicial review, interpretation, and enforcement of rights maintain the delicate balance between the Union and States, the Legislature and Executive, and most importantly, the State and the individual.