Which Articles deal with the Supreme Court of India?

Articles 124 to 147, in Part V, Chapter IV ('The Union Judiciary').

Article 124 — composition of the Supreme Court?

There shall be a Supreme Court of India consisting of a CHIEF JUSTICE OF INDIA and other judges. Original strength: 8 (CJI + 7). Parliament can increase the number by law.

What is the current sanctioned strength of the Supreme Court?

34 judges (CJI + 33 puisne judges) — per the Supreme Court (Number of Judges) Amendment Act, 2019.

Qualifications for SC judge appointment? (Article 124(3))

Citizen of India, AND ONE of: (a) Has been a JUDGE OF A HIGH COURT for at least 5 years; OR (b) Has been an ADVOCATE of a High Court for at least 10 years; OR (c) Is, in the opinion of the President, a DISTINGUISHED JURIST.

How are SC judges appointed? (Current process)

By the PRESIDENT, in consultation with such judges of the Supreme Court and High Courts as the President may deem necessary. CJI is APPOINTED by the President. Other SC judges are appointed by the President in CONSULTATION with the CJI.

What was the NJAC, and what happened to it?

National Judicial Appointments Commission — created by 99th Amendment + NJAC Act, 2014, to replace the collegium for appointing SC/HC judges. Commission: CJI + 2 senior-most SC judges + Union Law Minister + 2 'eminent persons' (selected by CJI + PM + Leader of Opposition). STRUCK DOWN by SC in Supreme Court Advocates-on-Record Association v. Union of India (2015) — held to violate the BASIC STRUCTURE (independence of judiciary). Citation: (2016) 5 SCC 1.

What is the term of office of SC judges?

Until the age of 65 YEARS. SC judges hold office till the President accepts their resignation OR until they are removed.

What is the procedure for the REMOVAL of a Supreme Court judge?

Article 124(4)–(5): Removal by President's order, after a JUDICIAL ENQUIRY, on grounds of PROVED MISBEHAVIOUR or INCAPACITY. (1) Motion signed by 100 LS members or 50 RS members. (2) Speaker/Chairman accepts the motion and forms a 3-MEMBER committee (one SC judge, one HC chief justice, one distinguished jurist) to investigate. (3) If committee finds judge guilty, motion debated in House. (4) Both Houses must pass resolution by SPECIAL MAJORITY — 2/3rd of present and voting AND a MAJORITY OF TOTAL MEMBERSHIP. (5) Same in OTHER House. (6) Address presented to President; President orders removal.

Salary of SC judges — how determined?

By PARLIAMENT (Article 125). Cannot be DIMINISHED during a judge's term — except during a Financial Emergency (Article 360). Charged on the Consolidated Fund of India.

Acting Chief Justice — Article 126?

When the office of CJI is vacant, OR CJI is unable to perform duties, OR is absent from India — the President can appoint an ACTING CJI from the existing SC judges.

Ad hoc judge of Supreme Court — Article 127?

If at any time there is no quorum of SC judges available to hold or continue any session, the CJI (with PRIOR consent of the President AND the concerned HC's Chief Justice) may request a HIGH COURT JUDGE to attend SC sittings as an AD HOC JUDGE.

Retired judge attending SC — Article 128?

The CJI, with prior consent of the President and the retired judge concerned, may request a RETIRED SC JUDGE (or qualified retired HC judge) to attend SC sittings as a judge for a temporary period.

Article 129 — what does it declare the Supreme Court to be?

A COURT OF RECORD with all the powers of such a court — including the POWER TO PUNISH FOR CONTEMPT of itself.

Where does the Supreme Court sit? (Article 130)

In DELHI, or in such other place(s) as the CJI may, with the approval of the President, appoint.

Article 131 — ORIGINAL JURISDICTION of the Supreme Court.

EXCLUSIVE original jurisdiction over disputes: (a) Between Government of India and one or more States. (b) Between GoI and any State(s) on one side and other State(s) on the other. (c) Between two or more States.

Article 32 — WRIT JURISDICTION of the Supreme Court.

Empowers SC to issue directions, orders, or WRITS — habeas corpus, mandamus, prohibition, certiorari, quo warranto — for the enforcement of FUNDAMENTAL RIGHTS. The right to move SC under Article 32 is itself a Fundamental Right.

Article 132–134A — APPELLATE JURISDICTION of the Supreme Court.

Three categories: (1) CONSTITUTIONAL (Art 132): Appeal from any HC judgment if HC certifies the case involves a substantial question of law of constitutional interpretation. (2) CIVIL (Art 133): Appeal from HC judgment in civil matters if HC certifies substantial question of law of general importance. (3) CRIMINAL (Art 134): (a) HC reverses acquittal and sentences to death/life/10+ years; (b) HC withdraws case from lower court and convicts; (c) HC certifies fit for SC appeal.

Article 136 — Special Leave to Appeal.

DISCRETIONARY power of SC to grant SPECIAL LEAVE TO APPEAL from any judgment, decree, determination, sentence, or order in any cause or matter passed/made by ANY court or tribunal in India — except military tribunals.

Article 137 — REVIEW jurisdiction.

SC has power to REVIEW any judgment pronounced or order made by it, subject to the law made by Parliament and any rules made under Article 145.

What is a 'CURATIVE PETITION'?

A petition filed AFTER review petition is dismissed — to prevent abuse of process and to cure gross miscarriage of justice. Established by SC in Rupa Ashok Hurra v. Ashok Hurra (2002), AIR 2002 SC 1771.

Article 143 — ADVISORY JURISDICTION of the Supreme Court.

PRESIDENT may seek SC's opinion on: (1) Any QUESTION OF LAW OR FACT of public importance that has arisen or is likely to arise. (2) Any dispute arising out of any pre-Constitutional treaty/agreement.

Article 141 — Law declared by Supreme Court.

The law declared by the Supreme Court shall be BINDING on all courts within the territory of India.

Article 142 — Enforcement of decrees and orders.

SC may pass any decree or order necessary for doing 'COMPLETE JUSTICE' in any cause or matter pending before it. Such decrees are enforceable throughout India.

Article 144 — what does it require?

All authorities, civil and judicial, in the territory of India shall act in AID of the Supreme Court.

Article 145 — Rules of Court.

SC may, with approval of the President, make rules for regulating its procedure and the practice of court. Includes: rules regarding bench composition, minimum 5 judges for substantial constitutional questions or for Article 143 references.

Constitution Bench — when is it required?

Article 145(3): A bench of MINIMUM 5 JUDGES is required for: (a) deciding any case involving a SUBSTANTIAL QUESTION OF LAW as to the INTERPRETATION OF THE CONSTITUTION, or (b) for the purpose of hearing any reference under Article 143.

Article 124A — what was it? (and current status)

Article 124A established the National Judicial Appointments Commission (NJAC). Inserted by the 99th Amendment, 2014. STRUCK DOWN by SC in 2015 — effectively rendering the article inoperative.

What is the Collegium System?

A judicially-evolved system for appointment and transfer of judges of the SC and HCs. Composition: CJI + 4 senior-most SC judges (for SC appointments); CJI + 2 senior-most SC judges (for HC appointments). Recommends names to the Government, which can return for reconsideration ONCE; if reiterated, Government MUST appoint.

Three Judges Cases — name and significance.

FIRST JUDGES CASE — S.P. Gupta v. Union of India (1981): Held that 'consultation' with CJI does not mean 'concurrence' — CJI's opinion is not binding. SECOND JUDGES CASE — SC Advocates-on-Record Association v. Union of India (1993): Reversed S.P. Gupta. Held 'consultation' means 'concurrence' — CJI has primacy. Established the COLLEGIUM (CJI + 2 seniormost). THIRD JUDGES CASE — Special Reference 1 of 1998 [under Article 143]: Expanded collegium — CJI + 4 seniormost SC judges (for SC appointments).

Independence of the Judiciary — what guarantees does the Constitution provide?

(1) APPOINTMENT through collegium (collegium era) / non-partisan process. (2) SECURITY OF TENURE — removal only by impeachment (Art 124(4)). (3) FIXED SALARY (Art 125) — charged on Consolidated Fund. (4) SALARY/PRIVILEGES NOT VARIABLE during tenure (except Financial Emergency). (5) CONDUCT OF JUDGES NOT DISCUSSED in Parliament/Legislatures (Art 121, 211). (6) BAR ON PRACTICE post-retirement before any Indian court (Art 124(7)). (7) Power to PUNISH for CONTEMPT (Art 129). (8) SEPARATION FROM EXECUTIVE (Art 50, DPSP).

Article 124(7) — Post-retirement restriction on SC judges.

NO person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority WITHIN INDIA after retirement.

Article 121 — Restriction on discussion in Parliament.

No discussion shall take place in Parliament with respect to the conduct of any Judge of the SC or of a HC in the discharge of his duties — EXCEPT upon a motion for presenting an address to the President for removal of the judge.

What is JUDICIAL REVIEW?

The power of higher courts to determine the constitutional validity of executive orders and legislative enactments. SC and HCs both have judicial review powers.

Doctrine of JUDICIAL ACTIVISM vs JUDICIAL OVERREACH?

JUDICIAL ACTIVISM: Active role of judiciary in protecting rights, expanding jurisprudence (e.g., reading right to privacy into Article 21). Generally accepted. JUDICIAL OVERREACH: Judiciary trespassing into the legislative or executive domain — going beyond its sanctioned role. Criticized.

Public Interest Litigation (PIL) — constitutional basis?

Articles 32 (SC) and 226 (HCs). PIL relaxes the rule of LOCUS STANDI — allows any public-spirited person/NGO to approach the court on behalf of those whose rights are violated but who cannot themselves access the court.

What is the procedure for transfer of SC judges?

SC judges are NOT transferred — they sit at the SC in Delhi. Transfer applies to HC judges (Article 222), where the President, after consultation with CJI, may transfer a judge from one HC to another.

Who is the present CJI's successor decided by? (i.e., the seniority convention)

By CONVENTION, the SENIOR-MOST JUDGE of the Supreme Court succeeds as CJI. Departed from only twice: Justice A.N. Ray (1973) and Justice M.H. Beg (1977) — both during the Indira Gandhi government's 'supersession' of senior judges.

Difference between SC's writ jurisdiction (Art 32) and HC's (Art 226)?

Art 32 (SC): Only for enforcement of FUNDAMENTAL RIGHTS. Geographic scope: ALL India. Cannot be denied (FR itself). Art 226 (HC): For enforcement of FRs AND any other LEGAL RIGHT. Geographic scope: within HC's territorial jurisdiction. Discretionary (not a FR).

Article 138 — Enlargement of SC's jurisdiction.

(1) SC shall have such further jurisdiction as Parliament may confer. (2) SC shall have such further jurisdiction with respect to any matter as the GoI and any State Government may by special agreement confer.

Article 139 — Conferment on SC of powers to issue certain writs.

Parliament may by law confer on SC the power to issue directions, orders, or writs (including those specified in Art 32) for any purpose other than enforcement of FRs.

Article 139A — Transfer of certain cases.

SC may withdraw any case pending before HCs involving the same/substantially the same questions of law and dispose them. SC may also transfer any case from one HC to another HC.

Court fees / Advocates appearing — Article 145.

SC has power to make rules regarding: practice and procedure, persons practising before it, court fees, and any other matter incidental to the court's functioning.

Cite three landmark SC judgments on the Basic Structure Doctrine.

(1) Kesavananda Bharati v. State of Kerala (1973) — established the doctrine. (2) Minerva Mills v. Union of India (1980) — held FR–DPSP balance is basic feature; struck down 42nd Amendment provisions. (3) I.R. Coelho v. State of Tamil Nadu (2007) — laws placed in 9th Schedule after 24 April 1973 are subject to basic structure test.

When was the Supreme Court of India inaugurated?

28 January 1950 — replaced the Federal Court of India (1937–1950) and the Privy Council (London) as the apex court.

First CJI of independent India?

Justice Harilal Jekisundas Kania (26 January 1950 – 6 November 1951).

First woman judge of the Supreme Court?

Justice M. Fathima Beevi — appointed in 1989.

Public deck

Supreme Court of India (Articles 124–147)

Composition, appointment, qualifications, tenure, removal, jurisdictions (original, writ, appellate, advisory), independence, and key collegium-related developments for the Supreme Court of India.

Author: by NeverCram Editorial
Cards: 46 cards
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Published: Published Apr 25, 2026

UPSCPolitySupreme CourtJudiciaryGS-IIPrelims

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All cards (46)

#1
Front
Which Articles deal with the Supreme Court of India?
Back
Articles 124 to 147, in Part V, Chapter IV ('The Union Judiciary').
#2
Front
Article 124 — composition of the Supreme Court?
Back
There shall be a Supreme Court of India consisting of a CHIEF JUSTICE OF INDIA and other judges. Original strength: 8 (CJI + 7). Parliament can increase the number by law.
Explanation
Current sanctioned strength: 34 (CJI + 33), per the Supreme Court (Number of Judges) Amendment Act, 2019. Earlier increases: 11 (1956), 14 (1960), 18 (1978), 26 (1986), 31 (2009).
#3
Front
What is the current sanctioned strength of the Supreme Court?
Back
34 judges (CJI + 33 puisne judges) — per the Supreme Court (Number of Judges) Amendment Act, 2019.
#4
Front
Qualifications for SC judge appointment? (Article 124(3))
Back
Citizen of India, AND ONE of: (a) Has been a JUDGE OF A HIGH COURT for at least 5 years; OR (b) Has been an ADVOCATE of a High Court for at least 10 years; OR (c) Is, in the opinion of the President, a DISTINGUISHED JURIST.
Explanation
No 'distinguished jurist' has been appointed to date — provision (c) has remained unused.
#5
Front
How are SC judges appointed? (Current process)
Back
By the PRESIDENT, in consultation with such judges of the Supreme Court and High Courts as the President may deem necessary. CJI is APPOINTED by the President. Other SC judges are appointed by the President in CONSULTATION with the CJI.
Explanation
In practice, the COLLEGIUM SYSTEM (since the Second Judges Case, 1993) recommends appointments — CJI + 4 senior-most SC judges. The Constitutional text says 'consultation' but Supreme Court has held this means 'concurrence' for SC appointments.
#6
Front
What was the NJAC, and what happened to it?
Back
National Judicial Appointments Commission — created by 99th Amendment + NJAC Act, 2014, to replace the collegium for appointing SC/HC judges. Commission: CJI + 2 senior-most SC judges + Union Law Minister + 2 'eminent persons' (selected by CJI + PM + Leader of Opposition). STRUCK DOWN by SC in Supreme Court Advocates-on-Record Association v. Union of India (2015) — held to violate the BASIC STRUCTURE (independence of judiciary). Citation: (2016) 5 SCC 1.
Explanation
Restored the Collegium System. The 2015 verdict was 4:1 (Justice Chelameswar dissenting).
#7
Front
What is the term of office of SC judges?
Back
Until the age of 65 YEARS. SC judges hold office till the President accepts their resignation OR until they are removed.
Explanation
Compare HC judges: until 62 years.
#8
Front
What is the procedure for the REMOVAL of a Supreme Court judge?
Back
Article 124(4)–(5): Removal by President's order, after a JUDICIAL ENQUIRY, on grounds of PROVED MISBEHAVIOUR or INCAPACITY. (1) Motion signed by 100 LS members or 50 RS members. (2) Speaker/Chairman accepts the motion and forms a 3-MEMBER committee (one SC judge, one HC chief justice, one distinguished jurist) to investigate. (3) If committee finds judge guilty, motion debated in House. (4) Both Houses must pass resolution by SPECIAL MAJORITY — 2/3rd of present and voting AND a MAJORITY OF TOTAL MEMBERSHIP. (5) Same in OTHER House. (6) Address presented to President; President orders removal.
Explanation
Procedure governed by Judges (Inquiry) Act, 1968. NO SC judge has been removed via this process. Justice V. Ramaswami (1993) — motion failed in LS as Congress abstained. Justice Soumitra Sen (2011) — RS passed motion; resigned before LS could.
#9
Front
Salary of SC judges — how determined?
Back
By PARLIAMENT (Article 125). Cannot be DIMINISHED during a judge's term — except during a Financial Emergency (Article 360). Charged on the Consolidated Fund of India.
Explanation
Current (per Supreme Court Judges Salaries and Conditions of Service (Amendment) Act, 2018): CJI ₹2,80,000/month; SC judge ₹2,50,000/month.
#10
Front
Acting Chief Justice — Article 126?
Back
When the office of CJI is vacant, OR CJI is unable to perform duties, OR is absent from India — the President can appoint an ACTING CJI from the existing SC judges.
#11
Front
Ad hoc judge of Supreme Court — Article 127?
Back
If at any time there is no quorum of SC judges available to hold or continue any session, the CJI (with PRIOR consent of the President AND the concerned HC's Chief Justice) may request a HIGH COURT JUDGE to attend SC sittings as an AD HOC JUDGE.
#12
Front
Retired judge attending SC — Article 128?
Back
The CJI, with prior consent of the President and the retired judge concerned, may request a RETIRED SC JUDGE (or qualified retired HC judge) to attend SC sittings as a judge for a temporary period.
Explanation
Has been used to address case pendency. Retired judges receive specified allowances and have full powers of a SC judge during such tenure.
#13
Front
Article 129 — what does it declare the Supreme Court to be?
Back
A COURT OF RECORD with all the powers of such a court — including the POWER TO PUNISH FOR CONTEMPT of itself.
Explanation
Court of Record means: (a) records are admitted as evidentiary value, not questionable, (b) it has power to punish for contempt. Source: Article 129. Contempt of Courts Act, 1971 governs the procedure.
#14
Front
Where does the Supreme Court sit? (Article 130)
Back
In DELHI, or in such other place(s) as the CJI may, with the approval of the President, appoint.
Explanation
Despite this, only Delhi has been used for SC sittings since inception.
#15
Front
Article 131 — ORIGINAL JURISDICTION of the Supreme Court.
Back
EXCLUSIVE original jurisdiction over disputes: (a) Between Government of India and one or more States. (b) Between GoI and any State(s) on one side and other State(s) on the other. (c) Between two or more States.
Explanation
Disputes must involve a question of law/fact on which a LEGAL RIGHT depends. Excludes: disputes from pre-Constitution treaties, agreements, sanads. Article 262 excludes inter-state water disputes.
#16
Front
Article 32 — WRIT JURISDICTION of the Supreme Court.
Back
Empowers SC to issue directions, orders, or WRITS — habeas corpus, mandamus, prohibition, certiorari, quo warranto — for the enforcement of FUNDAMENTAL RIGHTS. The right to move SC under Article 32 is itself a Fundamental Right.
Explanation
SC's writ jurisdiction is concurrent with HC's writ jurisdiction (Article 226). HC's is wider as it covers FRs AND any other legal right.
#17
Front
Article 132–134A — APPELLATE JURISDICTION of the Supreme Court.
Back
Three categories: (1) CONSTITUTIONAL (Art 132): Appeal from any HC judgment if HC certifies the case involves a substantial question of law of constitutional interpretation. (2) CIVIL (Art 133): Appeal from HC judgment in civil matters if HC certifies substantial question of law of general importance. (3) CRIMINAL (Art 134): (a) HC reverses acquittal and sentences to death/life/10+ years; (b) HC withdraws case from lower court and convicts; (c) HC certifies fit for SC appeal.
Explanation
Article 134A (added by 44th Amendment): HC can issue certificate either suo motu or on oral application immediately after delivering judgment.
#18
Front
Article 136 — Special Leave to Appeal.
Back
DISCRETIONARY power of SC to grant SPECIAL LEAVE TO APPEAL from any judgment, decree, determination, sentence, or order in any cause or matter passed/made by ANY court or tribunal in India — except military tribunals.
Explanation
The widest discretionary jurisdiction of SC. Used sparingly — SC has called it an 'extraordinary' jurisdiction. Pritam Singh v. State (1950) and Kunhayammed v. State of Kerala (2000) clarify the contours.
#19
Front
Article 137 — REVIEW jurisdiction.
Back
SC has power to REVIEW any judgment pronounced or order made by it, subject to the law made by Parliament and any rules made under Article 145.
Explanation
Review petitions are usually decided in chambers by circulation. Grounds: (a) discovery of new and important matter, (b) error apparent on face of record, (c) any other sufficient reason.
#20
Front
What is a 'CURATIVE PETITION'?
Back
A petition filed AFTER review petition is dismissed — to prevent abuse of process and to cure gross miscarriage of justice. Established by SC in Rupa Ashok Hurra v. Ashok Hurra (2002), AIR 2002 SC 1771.
Explanation
Heard usually by 3 senior-most judges + judges who passed the original order, in chambers. Considered a 'last resort' after review.
#21
Front
Article 143 — ADVISORY JURISDICTION of the Supreme Court.
Back
PRESIDENT may seek SC's opinion on: (1) Any QUESTION OF LAW OR FACT of public importance that has arisen or is likely to arise. (2) Any dispute arising out of any pre-Constitutional treaty/agreement.
Explanation
SC's opinion is NOT binding on the President. Notable references: Berubari Union (1960), Kerala Education Bill (1958), Keshav Singh case (1965), Special Reference No. 1 of 1998 (Third Judges case), 2G Spectrum Reference (2012). SC may DECLINE to answer (e.g., Ayodhya Reference, 1993).
#22
Front
Article 141 — Law declared by Supreme Court.
Back
The law declared by the Supreme Court shall be BINDING on all courts within the territory of India.
Explanation
Establishes the doctrine of STARE DECISIS / Judicial Precedent. SC's decision binds itself in subsequent matters but SC may overrule its own earlier decisions (typically by larger benches).
#23
Front
Article 142 — Enforcement of decrees and orders.
Back
SC may pass any decree or order necessary for doing 'COMPLETE JUSTICE' in any cause or matter pending before it. Such decrees are enforceable throughout India.
Explanation
Used in cases like Babri Masjid–Ram Janmabhoomi (Ayodhya) judgment (2019), Vishaka Guidelines (1997), Bhopal Gas tragedy. Power has been criticized for judicial overreach.
#24
Front
Article 144 — what does it require?
Back
All authorities, civil and judicial, in the territory of India shall act in AID of the Supreme Court.
Explanation
Mandates compliance with SC orders by all government authorities.
#25
Front
Article 145 — Rules of Court.
Back
SC may, with approval of the President, make rules for regulating its procedure and the practice of court. Includes: rules regarding bench composition, minimum 5 judges for substantial constitutional questions or for Article 143 references.
#26
Front
Constitution Bench — when is it required?
Back
Article 145(3): A bench of MINIMUM 5 JUDGES is required for: (a) deciding any case involving a SUBSTANTIAL QUESTION OF LAW as to the INTERPRETATION OF THE CONSTITUTION, or (b) for the purpose of hearing any reference under Article 143.
Explanation
Larger benches (7, 9, 11, 13 judges) are constituted by the CJI to overrule precedents or for highly significant matters.
#27
Front
Article 124A — what was it? (and current status)
Back
Article 124A established the National Judicial Appointments Commission (NJAC). Inserted by the 99th Amendment, 2014. STRUCK DOWN by SC in 2015 — effectively rendering the article inoperative.
#28
Front
What is the Collegium System?
Back
A judicially-evolved system for appointment and transfer of judges of the SC and HCs. Composition: CJI + 4 senior-most SC judges (for SC appointments); CJI + 2 senior-most SC judges (for HC appointments). Recommends names to the Government, which can return for reconsideration ONCE; if reiterated, Government MUST appoint.
Explanation
Evolved through three cases: First Judges Case (S.P. Gupta, 1981), Second Judges Case (1993), Third Judges Case (1998). Currently in force after NJAC was struck down in 2015.
#29
Front
Three Judges Cases — name and significance.
Back
FIRST JUDGES CASE — S.P. Gupta v. Union of India (1981): Held that 'consultation' with CJI does not mean 'concurrence' — CJI's opinion is not binding. SECOND JUDGES CASE — SC Advocates-on-Record Association v. Union of India (1993): Reversed S.P. Gupta. Held 'consultation' means 'concurrence' — CJI has primacy. Established the COLLEGIUM (CJI + 2 seniormost). THIRD JUDGES CASE — Special Reference 1 of 1998 [under Article 143]: Expanded collegium — CJI + 4 seniormost SC judges (for SC appointments).
#30
Front
Independence of the Judiciary — what guarantees does the Constitution provide?
Back
(1) APPOINTMENT through collegium (collegium era) / non-partisan process. (2) SECURITY OF TENURE — removal only by impeachment (Art 124(4)). (3) FIXED SALARY (Art 125) — charged on Consolidated Fund. (4) SALARY/PRIVILEGES NOT VARIABLE during tenure (except Financial Emergency). (5) CONDUCT OF JUDGES NOT DISCUSSED in Parliament/Legislatures (Art 121, 211). (6) BAR ON PRACTICE post-retirement before any Indian court (Art 124(7)). (7) Power to PUNISH for CONTEMPT (Art 129). (8) SEPARATION FROM EXECUTIVE (Art 50, DPSP).
#31
Front
Article 124(7) — Post-retirement restriction on SC judges.
Back
NO person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority WITHIN INDIA after retirement.
Explanation
Designed to safeguard judicial independence and prevent perceived conflicts of interest. Note: SC judges CAN take up other roles (governor, ambassadorial, tribunal heads, commissions) — this restriction is only on legal practice within India.
#32
Front
Article 121 — Restriction on discussion in Parliament.
Back
No discussion shall take place in Parliament with respect to the conduct of any Judge of the SC or of a HC in the discharge of his duties — EXCEPT upon a motion for presenting an address to the President for removal of the judge.
Explanation
Article 211 imposes the same restriction on State Legislatures.
#33
Front
What is JUDICIAL REVIEW?
Back
The power of higher courts to determine the constitutional validity of executive orders and legislative enactments. SC and HCs both have judicial review powers.
Explanation
Sources in the Constitution: Articles 13, 32, 131–136, 143, 226, 246, 251, 254, 372. Held to be a basic feature in Kesavananda Bharati (1973) and Minerva Mills (1980).
#34
Front
Doctrine of JUDICIAL ACTIVISM vs JUDICIAL OVERREACH?
Back
JUDICIAL ACTIVISM: Active role of judiciary in protecting rights, expanding jurisprudence (e.g., reading right to privacy into Article 21). Generally accepted. JUDICIAL OVERREACH: Judiciary trespassing into the legislative or executive domain — going beyond its sanctioned role. Criticized.
Explanation
Examples cited as 'overreach': directions on traffic management, sale of liquor on highways, allotment of funds. Examples cited as 'activism': Maneka Gandhi, Vishaka Guidelines.
#35
Front
Public Interest Litigation (PIL) — constitutional basis?
Back
Articles 32 (SC) and 226 (HCs). PIL relaxes the rule of LOCUS STANDI — allows any public-spirited person/NGO to approach the court on behalf of those whose rights are violated but who cannot themselves access the court.
Explanation
Pioneered by Justice P.N. Bhagwati and Justice V.R. Krishna Iyer. Hussainara Khatoon v. State of Bihar (1979) is widely cited as the first PIL.
#36
Front
What is the procedure for transfer of SC judges?
Back
SC judges are NOT transferred — they sit at the SC in Delhi. Transfer applies to HC judges (Article 222), where the President, after consultation with CJI, may transfer a judge from one HC to another.
#37
Front
Who is the present CJI's successor decided by? (i.e., the seniority convention)
Back
By CONVENTION, the SENIOR-MOST JUDGE of the Supreme Court succeeds as CJI. Departed from only twice: Justice A.N. Ray (1973) and Justice M.H. Beg (1977) — both during the Indira Gandhi government's 'supersession' of senior judges.
#38
Front
Difference between SC's writ jurisdiction (Art 32) and HC's (Art 226)?
Back
Art 32 (SC): Only for enforcement of FUNDAMENTAL RIGHTS. Geographic scope: ALL India. Cannot be denied (FR itself). Art 226 (HC): For enforcement of FRs AND any other LEGAL RIGHT. Geographic scope: within HC's territorial jurisdiction. Discretionary (not a FR).
Explanation
HC's writ jurisdiction is wider in scope; SC's is more fundamental.
#39
Front
Article 138 — Enlargement of SC's jurisdiction.
Back
(1) SC shall have such further jurisdiction as Parliament may confer. (2) SC shall have such further jurisdiction with respect to any matter as the GoI and any State Government may by special agreement confer.
Explanation
Source of expansion of SC's powers beyond original constitutional grant.
#40
Front
Article 139 — Conferment on SC of powers to issue certain writs.
Back
Parliament may by law confer on SC the power to issue directions, orders, or writs (including those specified in Art 32) for any purpose other than enforcement of FRs.
Explanation
Currently, beyond Article 32 (FRs), SC's general writ jurisdiction is via Article 142 ('complete justice') and Article 32(2A) [empowering Parliament — not yet activated].
#41
Front
Article 139A — Transfer of certain cases.
Back
SC may withdraw any case pending before HCs involving the same/substantially the same questions of law and dispose them. SC may also transfer any case from one HC to another HC.
Explanation
Inserted by the 42nd Amendment, 1976.
#42
Front
Court fees / Advocates appearing — Article 145.
Back
SC has power to make rules regarding: practice and procedure, persons practising before it, court fees, and any other matter incidental to the court's functioning.
#43
Front
Cite three landmark SC judgments on the Basic Structure Doctrine.
Back
(1) Kesavananda Bharati v. State of Kerala (1973) — established the doctrine. (2) Minerva Mills v. Union of India (1980) — held FR–DPSP balance is basic feature; struck down 42nd Amendment provisions. (3) I.R. Coelho v. State of Tamil Nadu (2007) — laws placed in 9th Schedule after 24 April 1973 are subject to basic structure test.
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When was the Supreme Court of India inaugurated?
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28 January 1950 — replaced the Federal Court of India (1937–1950) and the Privy Council (London) as the apex court.
Explanation
Supreme Court Rules, 1950 (now Supreme Court Rules, 2013).
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First CJI of independent India?
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Justice Harilal Jekisundas Kania (26 January 1950 – 6 November 1951).
#46
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First woman judge of the Supreme Court?
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Justice M. Fathima Beevi — appointed in 1989.