Establishment and Constitution of the Supreme Court (Article 124)

At a Glance

• What it is The apex court of India, at the top of an integrated judicial system
• Article Article 124 (Articles 124 to 147 in Part V)
• Inaugurated 28 January 1950
• Strength 34 judges: the Chief Justice and 33 others (2019)
• Exam link UPSC Prelims, Polity: Higher Judiciary

Where Does It Fit?

This is the first topic of the category on the Higher Judiciary. Unlike the American Constitution, the Indian Constitution has established an integrated judicial system with the Supreme Court at the top and the high courts below it, with a hierarchy of subordinate courts under each high court.

An Integrated Judicial System

This single system of courts, adopted from the Government of India Act of 1935, enforces both Central and state laws. In the USA, federal laws are enforced by the federal judiciary and state laws by the state judiciary, so there is a double system of courts. India, though a federal country like the USA, has a unified judiciary and one system of fundamental law and justice.

The Supreme Court of India was inaugurated on 28 January 1950. It succeeded the Federal Court of India, established under the Government of India Act of 1935, but its jurisdiction is greater because it replaced the British Privy Council as the highest court of appeal. Articles 124 to 147 in Part V deal with its organisation, independence, jurisdiction, powers and procedures, and Parliament is authorised to regulate them.

Composition: Growth in Strength

Article 124(1) provides for a Chief Justice of India and, until Parliament by law prescribes a larger number, not more than seven other judges. Originally the strength was eight (one Chief Justice and seven others). Parliament has progressively increased the number of other judges to ten in 1956, thirteen in 1960, seventeen in 1977, twenty-five in 1986, thirty in 2008 and thirty-three in 2019. At present there are thirty-four judges, one Chief Justice and thirty-three others.

Seat, Procedure and Special Judges

The Constitution declares Delhi as the seat of the Supreme Court, but authorises the Chief Justice of India, with the approval of the President, to appoint other places as seats; this is optional and no court can direct otherwise. The Court can, with the President’s approval, make rules regulating its practice and procedure. Constitutional cases and presidential references under Article 143 are decided by a Bench of at least five judges; other cases are decided by single judges and division benches. Judgments are delivered in open court, by majority vote, with the right of dissent.

The President can appoint a judge as acting Chief Justice when the office is vacant, the Chief Justice is temporarily absent or unable to perform duties. When there is a lack of quorum of permanent judges, the Chief Justice of India can, after consulting the chief justice of the high court concerned and with the President’s consent, appoint a high court judge as an ad hoc judge for a temporary period. The Chief Justice may also request a retired judge of the Supreme Court or of a high court to sit temporarily, with the previous consent of the President and of the person.

Independence of the Supreme Court

1. Mode of appointment: By the President in consultation with members of the judiciary, which curtails the executive’s absolute discretion.
2. Security of tenure: Removal only in the manner and on the grounds mentioned in the Constitution; no judge has been removed so far.
3. Fixed service conditions: Cannot be varied to the disadvantage of a judge after appointment except during a financial emergency.
4. Expenses charged on the Consolidated Fund: Salaries, allowances, pensions and administrative expenses are non-votable.
5. Conduct cannot be discussed: No discussion in Parliament or a state legislature except on an impeachment motion.
6. Ban on practice after retirement: Retired judges cannot plead or act before any court or authority in India.
7. Power to punish for contempt.
8. Freedom to appoint its staff by the Chief Justice, without executive interference.
9. Jurisdiction cannot be curtailed by Parliament, though Parliament can extend it.

Why Is This Topic Important?

• Base topic Foundation for the whole category
• Strength table Years and numbers are asked often
• Independence list A standard Mains question

What Came Next?

The next topic covers appointment and conditions of office of Supreme Court judges.

Key People and Terms

• Integrated judiciary One hierarchy of courts for all laws
• Federal Court Predecessor of the Supreme Court
• Privy Council Former highest appellate court
• Ad hoc judge Temporary judge for lack of quorum
• Bench Group of judges hearing a case

Exam Corner

Mains Angle

Questions on this topic usually ask about independence. Use these points to add depth.

• Integrated system Unlike the USA
• Independence Nine safeguards
• Growth in strength Parliament increased the number seven times
• Seat Delhi with option for others