Supreme Court: Composition, Jurisdiction & Powers

2.1 Composition and Appointment

The Supreme Court comprises a Chief Justice of India (CJI) and up to 33 other judges (total 34) under Article 124(1), as enhanced by the Supreme Court (Number of Judges) Amendment Act, 2019.

Appointment: Under Article 124(2), SC judges are appointed by the President "after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary." In practice, since the Three Judges Cases, the Collegium (CJI + 4 senior-most SC judges) recommends appointments.

Qualification (Article 124(3)):

• Must be a citizen of India, AND
• A High Court judge for 5+ years, OR an advocate of a High Court for 10+ years, OR
• A distinguished jurist (in the opinion of the President)

Tenure and Removal:

• Serve until age 65 (Article 124(2))
• Removal only through impeachment under Article 124(4) — address by each House with special majority
• No SC judge has ever been impeached

Salary: Charged to the Consolidated Fund of India (Article 112) — ensures financial independence from executive control.

2.2 Jurisdiction

Original Jurisdiction (Article 131):

• Exclusive jurisdiction in disputes between the Government of India and one or more States
• Also covers disputes between two or more States
• Makes the SC India's federal dispute resolver

Appellate Jurisdiction:

• Constitutional matters (Article 132): Appeals from HC on substantial questions of constitutional law, with HC certificate
• Civil matters (Article 133): Appeals from HC in civil proceedings, with HC certificate
• Criminal matters (Article 134): Appeals from HC where HC reversed acquittal and sentenced to death, or certified fitness
• Special Leave Petition (Article 136) — SLP: Most-used jurisdiction; discretionary appeal from any judgment or order of any court or tribunal in India; SLPs constitute over 70% of SC's workload

Advisory Jurisdiction (Article 143): President may refer questions of law or fact to SC for opinion; the opinion is not binding.

Review Jurisdiction (Article 137): SC can review its own judgments; review petition must be filed within 30 days of the judgment.

2.3 Role as Guardian of the Constitution

The Supreme Court's guardian role has three dimensions:

Fundamental Rights Enforcer:

• Article 32 makes the SC the "heart and soul" of the Constitution (per Dr. Ambedkar)
• Any citizen can approach the SC directly for enforcement of fundamental rights under Articles 12–35

Federal Umpire:

• Resolves Union-State disputes and inter-State disputes
• Ensures federalism operates as constitutionally intended

Constitutional Interpreter:

• Gives authoritative interpretation of all constitutional provisions
• SC judgments have force of law under Article 141 — binding on all courts in India

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