Supreme Court of India: Complete Guide for SSC, UPSC & State PCS
The Supreme Court of India is the apex judicial court and the final court of appeal under the Constitution of India. It acts as the guardian of the Constitution and has the power of judicial review. For any competitive exam like SSC, Railway, State PCS, or UPSC, understanding the Supreme Court’s structure and powers is extremely important.
Let us break down this topic into simple, easy-to-remember sections.
1. Historical Background & Basic Facts
- Regulating Act of 1773: Established the first Supreme Court at Calcutta in 1774.
- Government of India Act 1935: Established the Federal Court of India, which operated until the Supreme Court was formed.
- Inauguration Date: The current Supreme Court of India was officially inaugurated on 28 January 1950 (two days after India became a republic).
- Constitutional Provisions: Covered in Part V of the Constitution, from Article 124 to 147.
2. Composition and Strength
- Total Judges: The maximum sanctioned strength is 34 (1 Chief Justice + 33 Other Judges). Note: As of 2026, Justice Surya Kant serves as the 53rd Chief Justice of India (CJI).
- Who decides the number of judges? The Parliament has the exclusive power to increase the number of Supreme Court judges.
3. Qualifications of a Supreme Court Judge
To quickly remember the qualifications, use the shortcut C-JAD:
- C – Citizen of India (This is a mandatory first condition).
AND the candidate must fulfill any ONE of the following three conditions:
- J – Judge of a High Court for at least 5 years.
- A – Advocate of a High Court for at least 10 years.
- D – Distinguished jurist in the opinion of the President.
Exam Trap Alert! The Constitution prescribes a maximum retirement age, but there is no minimum age required to become a Supreme Court Judge.
4. Appointment, Oath, and Tenure
- Appointment: Judges are appointed by the President of India, following the Collegium system.
- Important Amendments: The 99th Constitutional Amendment Act, which attempted to create the National Judicial Appointments Commission (NJAC), was struck down by the Supreme Court in 2015 for violating the independence of the judiciary.
- Oath: Administered by the President (or a person appointed by the President).
- Tenure: A judge holds office until they reach the age of 65 years.
- Resignation: A judge can resign at any time by writing a letter addressed to the President.
5. Removal Process (Impeachment)
A judge can only be removed from office by an order of the President, but only after an address by Parliament has been presented to him in the same session.
- Grounds for Removal: Proved misbehaviour or incapacity.
- Majority Required: Special majority in both Houses of Parliament (Lok Sabha and Rajya Sabha).
- Note: No Supreme Court judge has ever been successfully impeached in the history of India.
6. Powers and Jurisdictions
To easily recall the various powers and jurisdictions, just remember the word POWER:
- P – Public Interest & Contempt: It is a Court of Record (Article 129) and has the power to punish anyone for its contempt.
- O – Original Jurisdiction (Article 131): Settles major federal disputes. This includes disputes between the Centre and States, or between two or more States exclusively.
- W – Writ Jurisdiction (Article 32): Issues five types of writs (Habeas Corpus, Mandamus, Prohibition, Quo-Warranto, Certiorari) directly to citizens for the enforcement of Fundamental Rights.
- E – Everyday Appellate: It is the highest court of appeal. It hears appeals against High Court judgments in constitutional, civil, and criminal matters.
- R – Review & Reference: It has Advisory Jurisdiction (Article 143), meaning the President can seek the Supreme Court’s legal opinion on matters of public importance. It also has the power to Review its own previous judgments (Article 137).
7. Quick Article Reference Table
| Article | Key Provision |
|---|---|
| Art 124 | Establishment and Constitution of the Supreme Court |
| Art 129 | Supreme Court to be a Court of Record |
| Art 131 | Original Jurisdiction of the Supreme Court |
| Art 137 | Review of judgments or orders by the Supreme Court |
| Art 143 | Power of President to consult the Supreme Court |
🛑 Common Exam Traps & Confusing Points
- Salary & Allowances: The salaries are charged on the Consolidated Fund of India. They cannot be reduced to a judge’s disadvantage during their tenure (except during a Financial Emergency).
- Post-Retirement Practice: A retired Supreme Court judge is completely banned from pleading or acting in any court or before any authority within the territory of India.
- Acting CJI vs. Ad-hoc Judge:
- Acting CJI is appointed by the President when the CJI post is vacant.
- Ad-hoc Judge is appointed by the CJI (with the prior consent of the President) when there is a lack of quorum (not enough judges available) to hold court sessions.
📝 Practice MCQs
Q1. Who has the authority to increase the number of judges in the Supreme Court?
A) President of India
B) Chief Justice of India
C) Parliament
D) Law Commission
- Answer: C) Parliament.
- Explanation: Article 124 gives Parliament the power to pass legislation to increase the sanctioned strength of the Supreme Court.
Q2. What is the mandatory retirement age of a Supreme Court Judge?
A) 60 years
B) 62 years
C) 65 years
D) No age limit
- Answer: C) 65 years.
- Explanation: Do not confuse this with High Court judges, who retire at the age of 62.
Q3. Under which Article can the President seek the advisory opinion of the Supreme Court?
A) Article 131
B) Article 137
C) Article 143
D) Article 124
- Answer: C) Article 143.
- Explanation: Article 143 deals with the Advisory Jurisdiction. Keep in mind that the Supreme Court’s advice is not legally binding on the President.
Q4. A water dispute or boundary dispute between two Indian states falls under which jurisdiction of the Supreme Court?
A) Appellate Jurisdiction
B) Advisory Jurisdiction
C) Original Jurisdiction
D) Writ Jurisdiction
- Answer: C) Original Jurisdiction.
- Explanation: Article 131 strictly reserves Centre-State and State-State disputes exclusively for the Supreme Court’s Original Jurisdiction.
Q5. Which constitutional amendment related to the National Judicial Appointments Commission (NJAC) was struck down by the Supreme Court?
A) 97th Amendment
B) 98th Amendment
C) 99th Amendment
D) 100th Amendment
- Answer: C) 99th Amendment.
- Explanation: The 99th Amendment Act of 2014 was heavily contested and ultimately struck down in 2015 for violating the basic structure of the Constitution (specifically, the independence of the judiciary).
📌 Quick Revision Summary
The Supreme Court of India is located in New Delhi. It has a maximum strength of 34 judges, appointed by the President via the Collegium system. To qualify, a person must be an Indian citizen with proper High Court experience (5 years as a judge or 10 years as an advocate) or be a distinguished jurist. Judges retire at 65 and can only be removed by the President via a strict Parliamentary impeachment process. Its key jurisdictions include Original (for Centre-State disputes), Writ (for Fundamental Rights), Appellate (highest court of appeal), and Advisory (giving advice to the President).