Supreme Court

What type of judicial system has the Indian Constitution established?
An integrated judicial system that applies to both central and state laws, similar to the system under the Government of India Act, 1935.
When was the Supreme Court (SC) inaugurated?
It was inaugurated in 1950.
What articles in the Constitution deal with the Supreme Court?
Articles 124-147 in Part V of the Constitution deal with the Supreme Court.
How is the hierarchy of courts structured in India?
The Supreme Court is at the top, followed by High Courts, district courts, and subordinate courts.
How many judges does the Supreme Court currently have?
The Supreme Court has 31 judges (one Chief Justice and thirty other judges), as per the SC (No. of Judges) Amendment Act, 2008.
Who appoints the judges of the Supreme Court?
Judges are appointed by the President in consultation with other judges. Consultation with the Chief Justice of India (CJI) is mandatory for appointing judges other than the CJI.
What are the qualifications required to be a Supreme Court judge?
A judge must:
  • Be a citizen of India
  • Have served as a judge of a High Court for 5 years
  • Been an advocate of a High Court for 10 years
  • Be an eminent jurist
Who administers the oath to a Supreme Court judge?
The President administers the oath to a Supreme Court judge.
What is the tenure of a Supreme Court judge?
A judge serves until the age of 65, resignation, or removal.
How can a Supreme Court judge be removed?
A judge can be removed by the President on Parliament's recommendation for misbehavior or incapacity. Removal requires:
  • Support of 100 members in the Lok Sabha
  • Support of 50 members in the Rajya Sabha
What does Article 126 state?
It provides for an Acting Chief Justice when there is a vacancy, temporary absence, or incapacity of the CJI.
What does Article 127 state?
It allows the CJI to appoint an ad hoc judge from a High Court if there is a lack of quorum in the Supreme Court.
What does Article 128 state?
The CJI can request retired judges to serve temporarily in the Supreme Court.
What does Article 130 state?
The seat of the Supreme Court is in New Delhi, but the CJI can designate other locations in India.
What does Article 143 state?
It specifies that constitutional cases or references require a bench of at least 5 judges.
What is the CJI's role as the "Master of the Roster"?
The CJI constitutes benches and decides the hearing of petitions.
How is the independence of the Supreme Court maintained?
  • Salaries and pensions are drawn from the Consolidated Fund of India (CFI).
  • Judges are banned from practicing after retirement.
  • The Supreme Court has the freedom to appoint staff, and its decisions cannot be curtailed.
What are the types of jurisdiction of the Supreme Court?
  1. Original Jurisdiction
  2. Writ Jurisdiction
What cases fall under the Supreme Court's Original Jurisdiction?
  • Disputes between the Center and states or between states (Article 131).
  • Disputes related to interstate water sharing.
  • Matters referred to Finance Commissions.
  • Recovery of damages by states against the center.
What is the Writ Jurisdiction of the Supreme Court?
The Supreme Court can issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto to enforce Fundamental Rights.
Can citizens directly approach the Supreme Court for violations of Fundamental Rights?
Yes, citizens can directly approach the Supreme Court for enforcement of Fundamental Rights.
How does the Supreme Court's writ jurisdiction differ from High Courts?
High Courts can issue writs not only for enforcing Fundamental Rights but also for other purposes, giving them broader powers.

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