The Supreme Court of India Composition, Powers & Independence
Set up on 28 January 1950, the Supreme Court is India's highest court of appeal and the guardian of the Constitution. It has the power of judicial review — the authority to check whether laws and government actions obey the Constitution. Articles 124 to 147 govern it. This guide simplifies it with examples, the latest 2026 updates, and a comparison with the US Supreme Court.
What is the Supreme Court of India?
The Supreme Court is the highest judicial authority in the country, established under the Constitution in 1950. It is the final court of appeal, upholds the rule of law, and protects citizens' rights. Located in New Delhi, it has the power of judicial review — ensuring that laws and executive actions comply with the Constitution.
It handles cases involving constitutional issues, fundamental rights, and appeals from lower courts. It is often called the guardian and protector of citizens' fundamental rights — and a balancing force between individual rights and state control.
Think of the Constitution as the rulebook of the country, and the Supreme Court as the referee. If Parliament passes a law or the government takes an action that breaks the rulebook, the Court can blow the whistle and strike it down. That whistle is called judicial review.
History: From 1773 to 1950
- The roots trace to the Regulating Act of 1773, which set up the Supreme Court of Judicature at Calcutta — a Court of Record for criminal and civil cases in Bengal, Bihar, and Orissa.
- King George III set up Supreme Courts at Madras (1800) and Bombay (1823), replaced by High Courts in 1861 under the India High Courts Act.
- These High Courts were the highest bodies until the Federal Court of India (1935) was created to resolve provincial disputes and hear appeals.
- After Independence, the Supreme Court of India was established on 28 January 1950, replacing the Federal Court.
- Article 130: the Supreme Court sits in Delhi, or elsewhere as the Chief Justice decides with the President's approval.
Composition — Article 124
The Court's original strength was 8 judges (including the Chief Justice). Article 124 empowers Parliament to increase or decrease this number, and over the years Parliament has raised it several times.
The sanctioned strength was raised from 34 to 38 (the CJI + 37 judges) in 2026, after an ordinance increased the number and new judges were sworn in. The current Chief Justice is Justice Surya Kant — the 53rd CJI, who took office on 24 November 2025 and retires on 9 February 2027.
Constitutional Provisions
Articles 124 to 147 of Part V deal with the Supreme Court — its organisation, independence, jurisdiction, powers, and procedures. Parliament is also empowered to regulate these provisions.
Appointment of Judges & the Collegium
Every Supreme Court judge is appointed by the President, by warrant under his hand and seal, after consultation with other Supreme Court and High Court judges. A judge holds office until the age of 65. When appointing anyone other than the CJI, the President must consult the Chief Justice of India.
- Second Judges Case (1993): the CJI's advice, once given, is binding on the President.
- Third Judges Case (1998): the CJI must consult a group of the four senior-most Supreme Court judges before recommending a name. This is the Collegium System. If the CJI recommends without this consultation, it is not binding on the President.
The Collegium is simply "the judges choosing the judges." A panel of the CJI plus the four next-senior judges recommends names, and the government generally appoints them. There's no written article that created it — it grew out of the Court's own judgments (the Three Judges Cases). That's exactly why it's debated: powerful, but not in the Constitution's text.
Qualifications — Article 124(3)
A person must be a citizen of India and meet one of these:
- Served as a High Court judge for at least 5 years (in one or more High Courts), OR
- Practised as an advocate in a High Court for at least 10 years (in one or more High Courts), OR
- Is, in the President's opinion, a distinguished jurist.
Salaries, Oath & Tenure
- Salaries: Parliament determines salaries, allowances, privileges, leave, and pension; these cannot be varied to a judge's disadvantage after appointment (except during a Financial Emergency).
- Oath: before the President (or an appointee), judges swear to bear true faith and allegiance to the Constitution, uphold the sovereignty and integrity of India, faithfully perform their duties without fear or favour, affection or ill-will, and uphold the Constitution and the laws.
Acting, Ad Hoc & Retired Judges
- Acting Chief Justice (Article 126): when the office of CJI is vacant, or the CJI is absent/unable to act, the President appoints another judge of the Court to perform those duties.
- Ad hoc Judges (Article 127): if there aren't enough judges to hold a session, the CJI (with the President's approval, and after consulting the concerned High Court's Chief Justice) can temporarily appoint a High Court judge as an ad hoc SC judge.
- Retired Judges (Article 128): the CJI, with the President's prior approval, can request a retired judge of the Supreme Court/Federal Court/High Court (who is qualified) to sit and act as a judge of the Supreme Court.
Removal of Judges (Impeachment)
A judge can be removed only on two grounds — proved misbehaviour or incapacity. The process is governed by the Judges (Inquiry) Act, 1968:
- A removal motion signed by 100 Lok Sabha members or 50 Rajya Sabha members is given to the Speaker/Chairman, who may admit or refuse it.
- If admitted, a three-member committee investigates — comprising a Supreme Court judge/CJI, a High Court Chief Justice, and a distinguished jurist.
- If the committee finds the judge guilty, each House must pass the motion by a special majority.
- An address is then presented to the President, who passes the final order of removal.
No judge has ever actually been removed in India. The bar is deliberately high — a judicial inquiry, then a two-thirds special majority in both Houses. This difficulty is a feature, not a bug: it protects judges from being punished for unpopular but correct rulings, safeguarding independence.
Jurisdiction & Powers
The Supreme Court's jurisdiction is wide — original, appellate, and advisory.
| Type | Article | What It Means (Simply) |
|---|---|---|
| Original Jurisdiction | 131 | Exclusive power to settle disputes between the Centre and states, or between states (but not disputes from pre-Constitution treaties) |
| Appellate Jurisdiction | 132, 133, 134 | Hears appeals from High Courts on constitutional, civil, and criminal matters (especially death sentences) |
| Special Leave Petition | 136 | Discretion to grant leave to appeal from any court/tribunal (except Armed Forces tribunals) |
| Advisory Jurisdiction | 143 | The President can seek the Court's opinion on important questions of law or fact |
| Writ Jurisdiction | 32 | Issues writs (habeas corpus, mandamus, prohibition, quo warranto, certiorari) to enforce fundamental rights |
| Court of Record | 129 | Its proceedings are recorded as evidence, and it can punish for contempt of itself |
Above all, the Court holds the power of Judicial Review — to test the legality of laws and executive actions of both the Union and the states.
If your fundamental right is violated, you can go straight to the Supreme Court under Article 32 — you don't have to climb through lower courts first. Dr. Ambedkar called Article 32 the "heart and soul of the Constitution," because a right means little without a fast remedy to enforce it.
Independence of the Supreme Court
Several safeguards keep the judiciary free from executive and legislative pressure:
- Mode of appointment: judges are chosen in consultation with the judiciary, reducing purely political appointments.
- Security of tenure: judges can be removed only in the manner and on the grounds fixed by the Constitution — they do not serve "at the pleasure" of the President.
- Expenses charged on the Consolidated Fund: salaries, allowances, and pensions are charged (non-votable), so they can't be used as leverage.
- Conduct cannot be discussed: except during an impeachment debate, no discussion of a judge's conduct is allowed in Parliament or a State Legislature.
- Ban on practice after retirement: a retired Supreme Court judge cannot practise before any court or authority in India.
Supreme Court of India vs US Supreme Court
Both are apex courts with the power of judicial review, but they differ sharply in size, appointments, and tenure. This comparison is a favourite for value addition in Mains answers.
| Basis | Supreme Court of India | US Supreme Court |
|---|---|---|
| Strength | 38 (CJI + 37), fixed by Parliament | 9 (Chief Justice + 8), fixed by Congress |
| Appointment | Collegium recommends; President appoints (judiciary has primacy) | President nominates; Senate confirms (political/legislative vetting) |
| Tenure | Retire at age 65 | Life tenure ("during good behaviour"), no retirement age |
| Removal | "Proved misbehaviour or incapacity"; inquiry + special majority in both Houses | Impeachment by the House + conviction by two-thirds of the Senate |
| Judicial review basis | Expressly in the Constitution; "procedure established by law" | Judge-made, from Marbury v. Madison (1803); "due process of law" |
| Advisory opinions | Yes — Article 143 | No — it does not give advisory opinions |
| Court system | Single, integrated judiciary (one hierarchy) | Dual system — separate federal and state courts |
| Limit on amendments | Basic Structure Doctrine (Kesavananda Bharati, 1973) | No equivalent doctrine |
The cleanest way to remember it: the US model is "political but transparent" (the Senate publicly grills nominees, and judges serve for life), while the Indian model is "judiciary-led but opaque" (the Collegium of judges decides, largely behind closed doors). The "due process" (US) vs "procedure established by law" (India) distinction — with India's version widened after Maneka Gandhi (1978) — is the other high-value point.
Issues Facing the Supreme Court
- Judicial pendency: a huge backlog delays justice. Pendency has climbed to over 90,000 cases in 2026 (National Judicial Data Grid), up from about 80,000 in 2024.
- Judicial appointments: the Collegium is criticised for a lack of transparency, with allegations of nepotism and favouritism. The NJAC (99th Amendment) — meant to give the executive a role — was struck down as unconstitutional in 2015 for violating judicial independence.
- Judicial overreach: the Court is sometimes criticised for stepping into the executive's domain — for example, its PIL-based order banning liquor sale within 500 metres of national/state highways.
- Lack of diversity: the Bench remains thin on gender, caste, and religious diversity. Since 1950 there have been only about eleven women judges; currently two women judges sit on the Court.
India has never had a woman Chief Justice. That is set to change: Justice B. V. Nagarathna is in line to become the first woman CJI in 2027 (for a short tenure). A useful, positive current-affairs point to pair with the "lack of diversity" criticism.
Way Forward
- Increase judges to cut the backlog and deliver timely justice.
- Modernise infrastructure — e-filing, virtual hearings, and paperless proceedings.
- Enhance transparency in the selection and appointment of judges; make it merit-based and free of political influence.
- Promote diversity in gender, caste, and religion to strengthen credibility.
- Develop specialised benches (e.g., for environmental or intellectual property law) for faster resolution.
Study the Supreme Court through one lens: independence. Every rule — charged salaries, near-impossible removal, the ban on post-retirement practice, the Collegium — exists to keep judges free to rule against the government of the day. Frame your answers around that thread and they write themselves. — Legacy IAS Faculty
Frequently Asked Questions (FAQs)
How many judges are there in the Supreme Court?
The sanctioned strength is 38 — the Chief Justice plus 37 judges — after the 2026 increase from 34. Parliament can change this number under Article 124.
Who is the current Chief Justice of India?
Justice Surya Kant, the 53rd CJI, who took office on 24 November 2025 and retires on 9 February 2027.
What is the Collegium System?
A system (from the Second and Third Judges Cases) where the CJI and the four senior-most judges recommend appointments to the higher judiciary. It is not written in the Constitution.
On what grounds can a Supreme Court judge be removed?
Only for proved misbehaviour or incapacity, through the process in the Judges (Inquiry) Act, 1968 — needing an inquiry and a special majority in both Houses. No judge has ever been removed.
How is the US Supreme Court different?
The US Court has 9 justices with life tenure, appointed by the President and confirmed by the Senate — versus India's 38 judges who retire at 65 and are chosen by the judge-led Collegium.
UPSC Previous Year Questions (PYQs)
2022: "The most significant achievement of modern law in India is the constitutionalisation of environmental problems by the Supreme Court." Discuss with relevant case laws.
2019: Explain how the 'Principle of Federal Supremacy' and 'Harmonious Construction' emerged from the Courts' resolution of legislative-power disputes.
2018: Critically examine the Supreme Court's judgement on the 'National Judicial Appointments Commission Act, 2014'.
2021: Statements on the Indian judiciary — a retired SC judge can be called back by the CJI with the President's prior permission (correct); a High Court can review its own judgement like the SC (also correct in principle). Answer given: (a) 1 only.
2019: The Supreme Court struck down the 99th Amendment (NJAC) as violating judicial independence. Answer: (b) — only the NJAC statement is correct.
Key Takeaways
- Established in 1950, the Supreme Court (Articles 124–147) is the final court of appeal and guardian of the Constitution, with the power of judicial review.
- Latest (2026): sanctioned strength raised to 38 (CJI + 37); the current CJI is Justice Surya Kant (53rd, since Nov 2025).
- Judges are appointed by the President via the Collegium (CJI + 4 senior judges — from the 2nd & 3rd Judges Cases); they retire at 65.
- Removal needs proved misbehaviour/incapacity, an inquiry under the Judges (Inquiry) Act 1968, and a special majority — no judge has ever been removed.
- Jurisdiction spans Original (131), Appellate (132–136), Advisory (143), Writ (32), and Court of Record (129); Article 32 is the "heart and soul."
- India vs US: 38 judges retiring at 65 via a judge-led Collegium, versus 9 US justices with life tenure confirmed by the Senate; only India has the Basic Structure doctrine.
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