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The Supreme Court of India (Articles 124–147) ​

📊 High-Yield Data & Statistical Fact Sheet
  • Judicial Backlog (NJDG Data): India's massive backlog exceeds 50 million pending cases, with 87% concentrated in Subordinate Courts (44.5 million), followed by High Courts (6.1 million), and the Supreme Court (80,000 cases).
  • Rule of Law Rankings (WJP Index):
    • India ranks 79th out of 142 countries overall.
    • Criminal Justice Rank: 89/142.
    • Civil Justice Rank: 111/142 (reflecting severe structural trial delays).
  • Constitutional Anchor: Contained in Part V Chapter IV (Articles 124 to 147). Inaugurated on January 28, 1950 (replacing the Federal Court established under the GoI Act 1935). January 2025 marked the 75th anniversary of the Supreme Court of India.
  • Appointments & Tiers:
    • Current Strength: 34 judges (1 Chief Justice of India + 33 Judges). Power to increase judge seats is vested exclusively in Parliament.
    • 52nd CJI: Justice Sanjiv Khanna (appointed in November 2024).
    • Master of Roster: The CJI holds the exclusive administrative prerogative to constitute benches and allocate cases.
  • RTI Coverage: SC ruled in Subhash Chandra Agarwal (2019) that the Office of the CJI is a "public authority" under the RTI Act, subject to confidentiality and judicial independence.
  • Retirement Cap: Mandatory retirement age is 65 years.

Case Pendency Across Indian Courts (Millions of Cases)

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India's Ranks in WJP Rule of Law Index (Lower is Better)

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1. APPOINTMENT (COLLEGIUM SYSTEM) & REMOVAL MECHANICS ​

APPOINTMENT (COLLEGIUM SYSTEM) & REMOVAL MECHANICS ​

APPOINTMENT (COLLEGIUM SYSTEM) & REMOVAL MECHANICS
Detail the concepts and significance of I. The Collegium System.

I. The Collegium System

Judges of the Supreme Court are appointed by the President. The appointment process has evolved through the landmark Three Judges Cases:

- First Judges Case (1981): Held that "consultation" does not mean "concurrence", giving executive primacy in judicial appointments. - Second Judges Case (1993): Reversed the previous ruling; held that "consultation" means "concurrence". Established the Collegium system, consisting of the CJI and the 2 senior-most judges. - Third Judges Case (1998): Expanded the Collegium. Appointments to the Supreme Court now require consultation with a 5-member body (CJI + 4 senior-most SC judges). High Court appointments are reviewed by a 3-member body (CJI + 2 senior-most judges). - Binding Advice: The recommendation of the Collegium is binding on the President if sent back after reconsideration.
Detail the concepts and significance of II. Qualifications for Appointment:. -

II. Qualifications for Appointment:

  1. Must be a citizen of India.
  2. Must have served as a judge of a High Court for at least 5 years; OR
  3. Must have practiced as an advocate of a High Court for at least 10 years; OR
  4. Must be a distinguished jurist in the opinion of the President (this fourth ground is not available for High Court appointments).

Detail the concepts and significance of III. Removal Procedure (Article 124(4) & Judges Inquiry Act, 1968).

III. Removal Procedure (Article 124(4) & Judges Inquiry Act, 1968)

- Grounds: Only two: Proved Misbehaviour or Incapacity (neither phrase is defined in the Constitution). - Procedure:
    - A removal motion must be signed by 100 members of the Lok Sabha OR 50 members of the Rajya Sabha, and presented to the Speaker/Chairman. - The Presiding Officer can admit or reject the motion. If admitted, a 3-member committee is set up to investigate (comprising a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist). - If the committee finds the judge guilty, the House can consider the motion. It must be passed by each House of Parliament separately by a Special Majority (majority of the total membership + 2/3rd of members present and voting). - Once passed, the President issues a formal removal order. (No Supreme Court judge has ever been removed).

2. JURISDICTIONS OF THE SUPREME COURT ​

JURISDICTIONS OF THE SUPREME COURT ​

JURISDICTIONS OF THE SUPREME COURT
Detail the concepts and significance of I. Original Jurisdiction (Article 131).

I. Original Jurisdiction (Article 131)

- Resolves federal disputes between the Center and one or more States, or between two or more States. - Exclusions: Pre-constitutional treaties, inter-state water disputes (Article 262), Finance Commission references, and ordinary commercial disputes.
Detail the concepts and significance of II. Writ Jurisdiction (Article 32).

II. Writ Jurisdiction (Article 32)

- Power to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) for the enforcement of Fundamental Rights. - Writ Duality: - Supreme Court (Article 32): Mandatory jurisdiction. The SC cannot refuse to entertain a writ petition because it is a fundamental right itself. Limited only to the enforcement of FRs. - High Court (Article 226): Discretionary jurisdiction. Broad scope: can issue writs for the enforcement of FRs and any other legal right.
Detail the concepts and significance of III. Special Leave Petition (SLP - Article 136).

III. Special Leave Petition (SLP - Article 136)

- A highly discretionary plenary power. The SC can grant special leave to appeal against any judgment, decree, sentence, or order passed by any court or tribunal in India (except Military/Armed Forces Tribunals).
Detail the concepts and significance of IV. Advisory Jurisdiction (Article 143).

IV. Advisory Jurisdiction (Article 143)

- First Category (Question of Law or Fact): The President can refer a matter of public importance. The SC may or may not give advice, and its opinion is non-binding. - Second Category (Pre-Constitutional Dispute): The SC must give its opinion, though it remains non-binding on the President.

3. KEY CONSTITUTIONAL PROVISIONS & POWERS ​

KEY CONSTITUTIONAL PROVISIONS & POWERS ​

KEY CONSTITUTIONAL PROVISIONS & POWERS
Analyze key facts and concepts related to KEY CONSTITUTIONAL PROVISIONS & POWERS.
- Article 129 (Court of Record): The Supreme Court's judgments are recorded for perpetual memory and evidentiary value. It holds the power to punish for its own contempt (civil or criminal), governed by the Contempt of Courts Act, 1971. - Article 137 (Power of Review): The SC has the power to review any judgment pronounced or order made by it. A review petition must be filed within 30 days of the judgment. - Article 141 (Binding Law): The law declared by the Supreme Court is binding on all courts within the territory of India. - Article 142 (Complete Justice): The SC holds extraordinary powers to pass any decree or make any order necessary for doing "complete justice" in any cause or matter pending before it. - Curative Petitions: Developed under Article 142 in Rupa Hurra v. Ashok Hurra (2002) to prevent abuse of the court's process after a review petition is dismissed. Examined by a bench of the CJI, the 3 senior-most judges, and the judges who passed the original judgment.

4. RECENT DEVELOPMENTS & JURISPRUDENCE (2025) ​

RECENT DEVELOPMENTS & JURISPRUDENCE (2025) ​

RECENT DEVELOPMENTS & JURISPRUDENCE (2025)
Analyze key facts and concepts related to RECENT DEVELOPMENTS & JURISPRUDENCE (2025).
- Contempt Exemption Ruling (2025): The SC clarified that the enactment of a law by a legislature (using its plenary legislative powers) after a court decision does not constitute contempt unless the law itself is declared unconstitutional. - Narco-Analysis Restrictions: Reaffirmed that involuntary narco-analysis, polygraph, or brain-mapping tests violate Article 20(3) (Self-Incrimination) and Article 21 (Privacy), and are inadmissible as evidence (Selvi Case). - Preventive Detention Check: (Dhanya Case, 2025) Held that preventive detention cannot be used as an administrative tool to bypass regular bail orders or substitute criminal prosecution. - Judges Corruption Probe: Under K. Veeraswami (1991), judges are deemed "public servants". However, to protect judicial independence, the prior written approval of the CJI is mandatory before registering an FIR against a sitting judge. - Judicial AI Tools: Real-time analysis is aided by SUVAS (AI translation of judgments into 14 regional languages) and SUPACE 2.0 (AI-driven legal research).

QUICK REVISION BOX ​

  • Supreme Court Origin: Inaugurated January 28, 1950 (completed 75 years in 2025).
  • Judge Cap: Currently 34 judges (1 CJI + 33 Judges). Seat count is decided only by Parliament.
  • Qualifications: Citizen + HC Judge for 5 years OR HC Advocate for 10 years OR Distinguished Jurist.
  • Collegium Composition: 5 members (CJI + 4 senior-most judges) for SC appointments.
  • Article 124(4) Removal: Admitted by Speaker/Chairman (100 LS / 50 RS); investigated by a 3-member committee; passed by Special Majority in both Houses.
  • Article 131 Exclusions: Excludes pre-const treaties and inter-state water disputes (Article 262).
  • Mandatory Writs: Vested in Article 32; concurrent with Article 226 but discretionary for High Courts.
  • Article 141: Law declared by the Supreme Court is binding on all courts in India.
  • Article 142: Extraordinary power to do "complete justice"; source of Curative Petitions (Rupa Hurra).
  • Veeraswami Protection: Prior approval of the CJI is mandatory before filing an FIR against a sitting judge.
  • Zero-Vacation Proposal (2025): CJI proposal to move toward staggered vacations to keep Constitution benches running year-round.

Notes updated up to March 2026. Sources: NJDG Database, Supreme Court Rules 2013, WJP Rule of Law Index 2024.

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