The Supreme Court is India's highest court and hence has the final say in all judicial matters. It was inaugurated on January 28, 1950, replacing the British Privy Council and succeeded the Federal Court of India which was established under the Government of India Act, of 1935.
Articles 124 to 147 in Part V Chapter IV of the Constitution, titled The Union Judiciary, deal with the organisation, independence, jurisdiction, powers, and procedures of the Supreme Court.
In 2019, the center notified an increase in the number of Supreme Court judges from 31 to 34, including the Chief Justice of India. This followed the enactment of the Supreme Court (Number of Judges) Amendment Act, 2019.
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Judge of the Supreme Court ( Article 124 )
Only a citizen of India can be appointed as a Supreme Court Judge. The other essentials to be appointed as a Supreme Court Judge in India are:
Has been a Judge in a High Court for at least 5 years; or
Has been an advocate in a High Court for at least 10 years; or
To become a distinguished jurist in the opinion of the President.
Acting, ADHOC, and Retired Judges
Acting Chief Justice ( Article 126 )
The President has the power to appoint a judge of the Supreme Court as an acting Chief Justice of India when:
The office of the Chief Justice of India is vacant; or
Temporary absence of the Chief Justice of India; or
The Chief Justice of India is unable to perform the duties of this office.
AD HOC Judge ( Article 127 )
The Chief Justice of India can appoint a Judge of a High Court as an AD HOC judge of the Supreme Court for a temporary period if a lack of a quorum arises in the number of permanent judges to continue any session of the Supreme Court.
Retired Judge ( Article 128 )
The Chief Justice of India can, at any time, request a retired Supreme Court judge or the Judge of a High Court who is duly qualified for appointment as a judge of the Supreme Court at the time, to act as a judge of the Supreme Court for a temporary period.
Jurisdiction and Powers of the Supreme Court
The Supreme Court of India is not only a Federal court like the American Supreme Court. Still, it is also the final court of appeal like the British House of Lords (the upper house of the British Parliament). It also serves as the Constitution's final interpreter and the protector of the Fundamental rights of every Indian citizen.
Classification of the jurisdiction and powers of the Supreme Court can be done as follows:
Original Jurisdiction
Writ Jurisdiction
Appellate Jurisdiction
A court of record
Advisory Jurisdiction
Power of Judicial Review
Constitutional Interpretation
Other powers
Original Jurisdiction ( Article 131 )
As a federal court, the Supreme Court decides the disputes between different units of the Indian Federation. More elaborately, any dispute:
Between one or more states and the centre; or
Between the centre and one or more states on one side and another one or more states on the other side; or
Between two or more states.
In the aforementioned federal disputes, the Supreme Court has exclusive Original Jurisdiction. Meaning that no other court can decide such disputes and original meaning that such disputes shall be heard in the Supreme Court in the first instance or appeal.
Two things are worth mentioning regarding the exclusive original jurisdiction of the Supreme Court.
The dispute must involve a question, whether of law or fact, on which the a legal right depends. Thus, questions of political nature are excluded from it.
Any suit brought before the Supreme Court by a private citizen against the center or a state cannot be entertained under this.
West Bengal was the first state to file a lawsuit against the Center in 1961, which fell under the purview Supreme Court’s original jurisdiction. The Coal Bearing Areas (Acquisition and Development) Act, 1957, enacted by the Parliament, was challenged by the State Government as being in violation of the Constitution. The Supreme Court, however, dismissed the case by upholding the law's legality.
Writ Jurisdiction ( Article 32 )
The Constitution has constituted the Supreme Court as the guarantor and defender of the fundamental rights of every citizen.
The Supreme Court is empowered to issue writs including Habeas corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari to enforce the fundamental rights of an aggrieved citizen.
It means when the fundamental rights of a citizen are violated, the aggrieved party has the option of moving either the High Court or the Supreme Court directly. But, the Supreme Court cannot refuse relief under Article 32 on the ground:
That the aggrieved person may seek redress from another court or under any other law for the time being in force; or
That disputed facts have to be investigated or evidence has to be taken before relief may be given to the petitioner; or
That the petitioner has not sought the proper writ which is applicable to his case. In such a case, the Supreme Court shall grant him the proper writ and, if necessary, modify it to suit the exigencies of the case.
Usually, only the person affected may move the Court but the Supreme Court has held that in social or public interest actions, any person may move the court. This is termed as the expansion of the “right to be heard” and it favours the PIL.
Appellate Jurisdiction
The Supreme Court is primarily a court of appeal and hears appeals against the judgments of the lower courts. It enjoys a broad appellate jurisdiction which can be classified under four heads:
Appeals in Constitutional matters
Appeals in Civil matters
Appeals in Criminal matters
Appeals by Special Leave.
Constitutional Matters ( Article 132 )
If the high court certifies that the case involves a substantial question of law that requires the interpretation of the Constitution then an appeal against the high court's decision may be taken to the Supreme Court.
Civil Matters ( Article 133 )
In civil cases, an appeal lies to the Supreme Court from any judgment of a high court if the high court certifies:
That the case involves a substantial question of law of general importance; and
That, in the opinion of the High Court, the question needs to be decided by the Supreme Court.
Originally, only those civil cases that involved a sum of over 20,000 rupees could be appealed before the Supreme Court. But, this monetary limit was removed by an amendment to Article 133 with the 30th Constitutional Amendment Act of 1972.
Criminal Matters ( Article 134 )
The Supreme Court hears appeals against the judgment in a criminal proceeding of a high court if the high court:
Has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or
Has taken before itself any case from any subordinate court and convicted the accused person and sentenced him to death; or
Certifies that the case is a fit for appeal to the Supreme Court.
The certificate for an appeal to the Supreme Court, a requisite by the High Court as mentioned for both Civil and Criminal matters must be in accordance with Article 134A of the Indian Constitution.
Special Leave Petition ( Article 136 )
The Supreme Court is authorised to grant in its discretion special leave to appeal from any judgment in any matter passed by any court or tribunal in the country ( except military tribunal and court-martial ). This provision contains four aspects, they are:
It is a discretionary power of the court and hence cannot be claimed as a matter of right.
It can be granted in any judgment whether final or interlocutory.
It may be related to any matter - constitutional, civil, criminal, income-tax, labour, revenue, etc.
It can be granted against any court or tribunal and not necessarily against a high court ( except a military court )
On the exercise of this power, the Supreme Court itself needs that ‘being an exceptional and over-riding power, it has to be exercised sparingly and with caution and only in special extra-ordinary situations. Beyond that, it is not possible to better the exercise of this power by any set formula or rule’.
Advisory Jurisdiction ( Article 143 )
The Constitution authorises the president to seek the opinion of the Supreme Court in two categories of matters:
On any question of law or fact of public importance which has arisen or which is likely to arise; or
On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, or other similar instruments.
In the first case, the Supreme Court may tender or may refuse to tender its opinion to the President. But, in the second case, the Supreme Court ‘must’ tender its opinion to the President.
So far ( 2019 ), the President has made fifteen references to the Supreme Court under its advisory jurisdiction ( also known as the consultative jurisdiction ). These are mentioned below in chronological order:
Delhi Laws Act in 1951.
Kerala Education Bill in 1958.
Berubari Union in 1960.
Sea Customs Act in 1963.
Keshav Singh’s case relating to the privileges of the Legislature in 1964.
Presidential Election in 1974.
Special Courts Bill in 1978.
Jammu and Kashmir Resettlement Act in 1982.
Cauvery Water Disputes Tribunal in 1992.
Rama Janma Bhumi Case in 1993.
Consultation process to be adopted by the Chief Justice of India in 1998.
Legislative competence of the center and states on the subject of natural gas and liquified natural gas in 2001.
The constitutional validity of the election commission's decision on deferring the Gujarat assembly elections in 2002.
Punjab termination of Agreements Acts in 2004.
2G spectrum case verdict and the mandatory auctioning of natural resources across all sectors in 2012.
A court of Record ( Article 129 )
As a court of record, the Supreme Court has two powers:
The Judgments, proceedings, and acts of the Supreme Court are recorded for perpetual memory and testimony. These records are admitted to be of evidentiary value and cannot be questioned when produced before any court. They are recognised as legal precedents and legal references.
It has the power to punish for contempt of court, either with simple imprisonment for up to six months or with a fine of up to 2,000 rupees or both.
In 1991, in the case of Delhi Judicial Service Association V. State of Gujarat (AIR 1991 SC 2176) the Supreme Court gave article 129 a wider interpretation and ruled that it has the power to punish for contempt not only of itself but also of High Courts, Subordinate Courts, and Tribunals.
Contempt of Court may be civil or criminal.
Civil Contempt means wilful disobedience to any judgment, order, writ, or other processes of a court or wilful breach of an undertaking given to a court.
Criminal contempt means the publication of any matter or doing an act which -
Scandalises or lowers the authority of a court; or
Prejudice or interferes with the due course of a judicial proceeding; or
Interferes or obstructs the administration of justice in any other manner.
However, innocent publication and distribution of some matters, fair and accurate reports of judicial proceedings, fair and reasonable criticism of judicial acts, and comments on the administrative side of the judiciary do not amount to contempt of court.
Power of Judicial Review ( Article 137 )
Judicial Review is the power of the Supreme Court to examine the constitutionality of Legislative enactments and executive orders of both the Central and State governments.
On examination, if they are found to be violative of the Constitution ( Ultra Vires), they can be declared illegal, unconstitutional, and invalid ( null and void ) by the Supreme Court.
Constitutional Interpretation ( Article 141 )
The Supreme Court is the ultimate interpreter of the Constitution. The Supreme Court applies carious doctrines in interpreting the Constitution. The important doctrines are mentioned below:
Doctrine of Severability
Doctrine of Eclipse
Doctrine of Territorial Nexus
Doctrine of Pith and Substance
Doctrine of Colourable Legislation
Doctrine of Incidental or Ancillary Powers
Doctrine of Precedent
Doctrine of Harmonious Construction
Doctrine of Liberal Interpretation.
Doctrine of Basic Structure
Doctrine of Separation of powers
Doctrine of Pleasure
Other Powers
Besides those mentioned above, the Supreme Court has numerous other powers:
The disputes regarding the election of the President and the vice-president are also decided by the Supreme Court. In this regard, it has original, exclusive, and final authority.
It enquires into the conduct and behavior of the Chairman and members of the Union Public Service Commission. On a reference made by the President. If it finds them guilty of misbehaviour, it can recommend to the president for their removal. The advice rendered by the Supreme Court in this regard is binding to the President.
It has the power to review its own judgment or order. Thus, it is not bound by its previous decision and can depart from it in the interest of justice or community welfare or brief, the Supreme Court is a self-correcting agency.
For example, in the Kesavanananda Bharati Case ( 1973 ), the Supreme Court departed from its previous judgment in the Golak Nath Case ( 1967 ).
It is authorised to withdraw the cases pending before the high courts and dispose of them by itself. It can also transfer a case or appeal pending before one high court to another high court.
Its law is binding on all courts in India. Its decree or order is enforceable throughout the county. All authorities ( Civil and Judicial ) in the country should act in aid of the Supreme Court.
It has the power of Judicial Superintendence and control over all courts and tribunals functioning in the entire territory of the Country.
The Constitution provides that the Supreme Court shall primarily sit in Delhi. But, it also provides that, with the approval of the President, the Chief Justice of India, can appoint any other place from time to time. ( Article 130 )
As per Article 145(1), the Supreme Court has a wide range of powers to regulate rules relating to the practice and procedure of the Court, with the approval of the President.
The Supreme Court’s jurisdiction and powers with respect to matters in the Union list can be enlarged by Parliament.
Further, its jurisdiction and powers with respect to other matters can be enlarged by a special agreement between the Centre and the states.
Articles Related to the Supreme Court
Article Number | Subject Matter |
124 | Establishment and Constitution of Supreme Court |
124A | National Judicial Appointments Commission |
124B | Functions of Commission |
124C | Power of Parliament to Make Law |
125 | Salaries, etc of Judges |
126 | Appointment of acting Chief Justice |
127 | Appointment of Ad Hoc Judges |
128 | Attendance of retired judges at the sittings of the Supreme Court |
129 | Supreme Court to be a court of record |
130 | Seat of Supreme Court |
131 | Original Jurisdiction of Supreme Court |
132 | Appellate Jurisdiction of Supreme Court in appeals from High Courts in certain cases. |
133 | Appellate Jurisdiction of Supreme Court in appeals from High Court in regard to civil matters. |
134 | Appellate Jurisdiction of Supreme Court in regard to criminal matters. |
134A | Certificate for an appeal to the Supreme Court. |
135 | Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court. |
136 | Special Leave to appeal by Supreme Court |
137 | Review of Judgments or orders by Supreme Court. |
138 | Enlargement of the Jurisdiction of the Supreme Court. |
139 | Conferment on the Supreme Court of powers to issue certain writs. |
139A | Transfer of certain cases. |
140 | Axillary powers of Supreme Court |
141 | Law declared by Supreme Court to be binding on all courts |
142 | Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. |
143 | Power of President to consult the Supreme Court. |
144 | Civil and Judicial authorities to act in aid of the Supreme Court. |
145 | Rules of Court, etc. |
146 | Officers and servants at the expenses of the Supreme Court |
147 | Interpretation |
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