- India has an integrated judiciary: the Supreme Court at the top, High Courts in the states and subordinate courts below them.
- The Supreme Court (Article 124) was inaugurated on January 28, 1950; its sanctioned strength is 34 judges including the Chief Justice (since 2019).
- Judges are appointed through the collegium system; Supreme Court judges retire at 65 and High Court judges at 62.
Jurisdiction of the Supreme Court
| Jurisdiction | Article | What it covers |
|---|---|---|
| Original | 131 | Disputes between the Centre and states, or between states |
| Writ | 32 | Enforcement of Fundamental Rights |
| Appellate | 132–134, 136 | Appeals in constitutional, civil and criminal cases; special leave to appeal (136) |
| Advisory | 143 | Opinion on questions referred by the President (not binding) |
| Court of record | 129 | Its records have evidentiary value; can punish for contempt |
| Review | 137 | Can review its own judgments |
The curative petition was evolved in Rupa Ashok Hurra (2002) as a last remedy after a review petition is dismissed.
Appointment & Removal
- Second Judges Case (1993) created the collegium; the Third Judges Case (1998) set it as the CJI plus the four senior-most judges.
- The 99th Amendment (2014) created the National Judicial Appointments Commission (NJAC); it was struck down in October 2015 (Fourth Judges Case).
- Removal under Article 124(4) requires a special majority in each House on grounds of proved misbehaviour or incapacity. No Supreme Court judge has been removed so far; the 1993 motion against Justice V. Ramaswami failed.
Supreme CourtArt 124
Strength34 incl. CJI
Retirement (SC)65 years
Retirement (HC)62 years
High Courts25
Basic structure1973
15 Landmark Cases
| Case | Year | Held |
|---|---|---|
| A.K. Gopalan | 1950 | Narrow reading of Article 21 — "procedure established by law" |
| Shankari Prasad | 1951 | Parliament can amend Fundamental Rights under Article 368 |
| Golaknath | 1967 | Parliament cannot amend Fundamental Rights (reversed by the 24th Amendment, 1971) |
| Kesavananda Bharati | 1973 | Basic structure doctrine — 13-judge bench, 7:6 majority |
| Indira Nehru Gandhi v. Raj Narain | 1975 | Free and fair elections are part of the basic structure |
| Maneka Gandhi | 1978 | Procedure under Article 21 must be just, fair and reasonable |
| Minerva Mills | 1980 | Limited amending power and FR–DPSP balance are basic features |
| Shah Bano | 1985 | Divorced Muslim women entitled to maintenance under Section 125 CrPC |
| Indra Sawhney | 1992 | 50% ceiling on reservation; creamy layer excluded from OBC quota |
| S.R. Bommai | 1994 | Limits on Article 356; floor test; secularism is a basic feature |
| Vishaka | 1997 | Guidelines against sexual harassment at the workplace (later the POSH Act, 2013) |
| I.R. Coelho | 2007 | Ninth Schedule laws after April 24, 1973 are open to basic-structure review |
| K.S. Puttaswamy | 2017 | Right to privacy is a fundamental right (9-judge bench) |
| Shayara Bano | 2017 | Instant triple talaq is unconstitutional |
| ADR v. Union of India | 2024 | Electoral Bonds Scheme struck down as violating voters' right to information (February 15, 2024) |
High Courts & PIL
Article 214 provides a High Court for each state; Parliament can set up a common High Court for two or more states (Article 231). There are 25 High Courts. Public Interest Litigation was pioneered in the late 1970s and early 1980s by Justices P.N. Bhagwati and V.R. Krishna Iyer, relaxing the rule of locus standi.
Q1. The basic structure doctrine was laid down in which case?
✅ Answer: (c) Kesavananda Bharati
💡 Explanation: Kesavananda Bharati (1973), decided 7:6 by a 13-judge bench.
Q2. Under which Article does the Supreme Court have original jurisdiction in Centre–state disputes?
✅ Answer: (a) Article 131
💡 Explanation: Article 131 gives the Supreme Court exclusive original jurisdiction in federal disputes.
Q3. The 50% ceiling on reservations was fixed in:
✅ Answer: (d) Indra Sawhney
💡 Explanation: Indra Sawhney (1992) set the 50% ceiling and excluded the creamy layer.
Q4. The NJAC, struck down in 2015, was created by which Amendment?
✅ Answer: (a) 99th Amendment
💡 Explanation: The 99th Amendment (2014) created the NJAC; the Supreme Court struck it down in October 2015.
Q5. Which case held the right to privacy to be a fundamental right?
✅ Answer: (b) K.S. Puttaswamy
💡 Explanation: A nine-judge bench in K.S. Puttaswamy (2017) held privacy to be part of Article 21.
🔁 Revise in 60 Seconds
- SC: Art 124; 34 judges incl. CJI; retire at 65 (HC at 62).
- Original Art 131; writ Art 32; advisory Art 143; court of record Art 129.
- Collegium: 2nd Judges (1993), 3rd Judges (1998); NJAC struck down 2015.
- Basic structure: Kesavananda Bharati (1973).
📌 Prelims Traps to Avoid
- ✘ Advisory opinions under Article 143 are not binding on the President.
- ✘ Writ jurisdiction of High Courts (226) is wider than the Supreme Court's (32).
- ✘ Golaknath (1967) said Parliament cannot amend FRs; Kesavananda (1973) said it can, but not the basic structure.
What is the strength of the Supreme Court of India?
The sanctioned strength is 34 judges, including the Chief Justice of India, under the Supreme Court (Number of Judges) Amendment Act, 2019.
Which case established the basic structure doctrine?
Kesavananda Bharati v. State of Kerala (1973), in which a 13-judge bench held 7:6 that Parliament cannot alter the basic structure of the Constitution.