Judiciary — Supreme Court

The Parliament of India is empowered to increase the number of judges in the Supreme Court by law.

A Judge of the Supreme Court holds office until they attain the age of 65 years.

Under its Original Jurisdiction (Article 131), the Supreme Court settles federal disputes, including those between the Centre and States.

Article 32, described as the 'Heart and Soul of the Constitution' by Dr. B.R. Ambedkar, empowers the Supreme Court to issue writs.

The Chief Justice of India can appoint a judge of a High Court as an ad-hoc judge of the Supreme Court for a temporary period with the previous consent of the President.

The Supreme Court is the final interpreter and guardian of the Constitution of India.

Article 143 deals with the power of the President to consult the Supreme Court (Advisory Jurisdiction).

Judicial review is the power of the Supreme Court to examine the constitutionality of legislative enactments and executive orders.

Sir Harilal Jekisundas Kania was the first Chief Justice of India.

The 42nd Amendment (1976) made presidential action binding on the advice of the Council of Ministers.

According to Article 124(4), a judge of the Supreme Court can be removed only on the grounds of proven misbehaviour or incapacity.

Under Article 145(3), a minimum bench of five judges (Constitution Bench) is required for cases involving a substantial question of law as to the interpretation of the Constitution.

Article 141 provides that the law declared by the Supreme Court shall be binding on all courts within the territory of India.

Being a Court of Record (Article 129) means its proceedings are recorded for perpetual memory and its decisions have evidentiary value.

PIL is a product of judicial activism by the Supreme Court, pioneered by judges like Justice P.N. Bhagwati and Justice V.R. Krishna Iyer.

Mandamus literally means 'we command'. It is issued to a public official asking them to perform their official duties.

Under Article 130, the seat of the Supreme Court is in Delhi, but it can be changed by the Chief Justice of India with the prior approval of the President.

The salaries, allowances, and pensions of Supreme Court judges are determined by the Parliament of India by law.

Article 137 empowers the Supreme Court to review its own judgments or orders, subject to the provisions of any law made by Parliament or rules made under Article 145.

Article 13 provides that any law inconsistent with or in derogation of the fundamental rights shall be void, which forms the basis for judicial review.

The President of India has the power to transfer a judge from one High Court to another after consultation with the Chief Justice of India.

The Supreme Court (Number of Judges) Amendment Act, 2019, increased the strength from 31 to 34 judges.

The Collegium system was not established by the Constitution but was evolved through Supreme Court judgments in the 'Three Judges Cases'.

Article 136 confers the discretionary power upon the Supreme Court to grant special leave to appeal against any judgment, decree, or order from any court or tribunal.

The Attorney General for India is the highest law officer and the primary legal advisor to the Union Government, representing it in the Supreme Court.

The Constitution does not prescribe a minimum age for the appointment of a Supreme Court judge.

Though colloquially called impeachment, the Constitution refers to it as 'removal'. An order is passed by the President after an address by each House of Parliament.

Epistolary jurisdiction refers to the power of the SC to treat letters or postcards as petitions, largely associated with the rise of PILs.

As per Article 124, every judge of the Supreme Court, before entering upon their office, makes and subscribes an oath before the President of India.

Article 137 specifically provides the Supreme Court the power to review any judgment pronounced or order made by it.

The Basic Structure doctrine, established in the Kesavananda Bharati case (1973), prevents the Parliament from altering the fundamental features of the Constitution.

Article 139A provides for the transfer of certain cases from the High Courts to the Supreme Court for ensuring justice.

Article 131 deals with the original jurisdiction of the Supreme Court concerning federal disputes between units of the Indian federation.

Article 143 allows the President to consult the Supreme Court on questions of law or fact that are of public importance.

The salaries, allowances, and pensions of the judges and the administrative expenses are charged on the Consolidated Fund of India, making them non-votable by Parliament.

The Supreme Court of India is the highest judicial authority, and in judicial hierarchy, it is referred to as the 'Chief Justice's Court'.

Article 145(3) mandates that a minimum of five judges must sit to decide any case involving a substantial question of law as to the interpretation of the Constitution.

Under Article 146, the Chief Justice of India has the power to appoint officers and servants of the Supreme Court and regulate their conditions of service.

Article 129 declares the Supreme Court a Court of Record and confers upon it the power to punish for contempt of itself.

The concept of an independent judiciary and the power of judicial review were borrowed from the United States Constitution.

The Constitution does not prescribe a minimum age requirement for the appointment of a Supreme Court judge.

The Supreme Court cannot intervene in the internal proceedings or legislative process of Parliament; this is a matter of parliamentary procedure.

Article 142 provides the Supreme Court with the power to pass orders necessary for doing complete justice, often used for extraordinary situations.

Salaries, allowances, and pensions of Supreme Court judges are charged upon the Consolidated Fund of India to ensure their independence.

The Supreme Court has original jurisdiction in matters of enforcement of Fundamental Rights, though it is not exclusive as High Courts also have this power under Article 226.

Under Article 128, the Chief Justice of India, with the previous consent of the President, can request a retired Supreme Court or High Court judge to act as a judge of the Supreme Court.

Article 134 provides for appellate jurisdiction in criminal matters, specifically where the High Court has reversed an acquittal and imposed a death sentence.

A judge can be removed by an order of the President, but only after an address by each House of Parliament supported by a special majority.