Comprehensive Guide to the Structure,

Jurisdiction, and Independence of the Indian

Supreme Court
1. Introduction to the Supreme Court
The Supreme Court of India stands as the apex judicial authority, entrusted with the interpretation
and enforcement of the Constitution, safeguarding Fundamental Rights, and maintaining the rule of
law. It is the nal arbiter in constitutional, civil, criminal, and other legal disputes, functioning as
both a court of record and a guardian of the Constitution’s supremacy.

2. Composition and Appointment of Supreme Court Judges

Composition

• Initial Strength: The Court was originally constituted with 1 Chief Justice and 7 Judges.

• Current Strength: The Parliament has progressively increased the number, and as of 2009,
it stands at 25 Judges, excluding the Chief Justice.

Appointment Process

• Who Appoints: The President of India appoints Judges.

• Consultation: The President consults with the Chief Justice of India and other Judges or
authorities as deemed necessary.

• Criteria: Judges must be citizens, with at least ve years as a Judge of a High Court or ten
years as an advocate, or be a distinguished jurist.

• Tenure: Judges serve until the age of 65 years, with a xed tenure designed to ensure
independence.

Removal of Judges

• Grounds: Proved misbehavior or incapacity.

• Procedure: An impeachment process involving a majority in both Houses of Parliament,

supported by at least two-thirds of members present and voting, after an independent inquiry
under the Judges (Inquiry) Act, 1968.

• Protection: Judges enjoy security of tenure to safeguard independence, with removal being
a rigorous and rare process.

3. Jurisdiction and Powers of the Supreme Court

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 A. Court of Record & Contempt Power

• Power to Punish for Contempt: The Court can punish acts undermining its authority or
disrupting justice, including scandalous, malicious, or wilful disobedience.

• Inherent Power: The Court’s jurisdiction to punish contempt is inherent and independent of
statutory law, essential for maintaining its dignity.

B. Original Jurisdiction

• Inter-Governmental Disputes: Under Art. 131, disputes between the Union and States, or
among States, concerning constitutional rights or powers, are decided exclusively by the
Court.

• Presidential Elections: The Court has authority over the election of the President and Vice-
President (Art. 131).

C. Appellate Jurisdiction

• Constitutional Cases: Appeals from High Courts in cases involving substantial questions of
constitutional law, if certi ed by the High Court (Arts. 132-134).

• Civil & Criminal Cases: Appeals from High Courts in civil and criminal matters, subject to
certi cates of importance.

• From Tribunals: Appeals from tribunals (e.g., Income-tax Appellate Tribunal) are
permissible under Art. 136, even if statutory provisions specify otherwise.

D. Advisory Jurisdiction (Art. 143)

• Reference by the President: The President can refer questions of law or fact of public
importance to the Court.

• Scope: The Court’s opinion is advisory, not binding, and can be refused if the question is
vague, hypothetical, or not of suf cient importance.

• Procedure: The Court considers the reference, delivers its opinion in open court, and the
opinion is expressed with reasons and majority consensus.

E. Power to Do Complete Justice (Art. 142)

• Wide Discretion: The Court can pass any order necessary to do complete justice, including
issuing directions, modifying judgments, or even passing orders outside statutory limits.

• Limitations: The power cannot override constitutional provisions or statutory law unless
necessary to prevent injustice.

• Application: Used to address extraordinary situations, correct errors, or ll legal gaps,

always within the bounds of justice and legality.

F. Power to Review (Art. 137)

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 • Scope: The Court can review its own judgments or orders on grounds such as errors
apparent on face of record, discovery of new evidence, or miscarriage of justice.

• Procedure: Review petitions must be led within 30 days, and grounds must be substantive.

• Limitations: Not a rehearing; review is con ned to correcting manifest errors or preventing
injustice.

4. Judicial Discretion and the Doctrine of Precedent

Doctrine of Stare Decisis (Art. 141)

• Binding Effect: Law declared by the Supreme Court is binding on all courts within India.

• Ratio Decidendi: The binding part of a judgment is the legal principle necessary for the
decision (ratio decidendi), while obiter dicta are non-binding observations.

• Hierarchy: Lower courts are bound to follow the decisions of higher courts, especially the
Supreme Court’s authoritative pronouncements.

• Development of Law: The Court may overrule or depart from its previous decisions in the
interest of justice or constitutional evolution, but such deviations are rare and justi ed only
in exceptional cases.

Flexibility in Doctrine

• The Court recognizes that the law must evolve; hence, it can revisit past decisions,
especially if they are per incuriam (given in ignorance of binding law), or if societal needs
change.

• Inconsistent Decisions: When con icting decisions exist, the Court prefers the latest or the
more elaborately reasoned judgment, or refers the issue to a larger bench.

5. Independence of the Supreme Court

Constitutional Safeguards

• Security of Tenure: Judges serve until 65 years, ensuring independence.

• Protection from Executive: Judges cannot be removed except through impeachment, based
on proved misbehavior or incapacity, with a rigorous process designed to prevent misuse.

• Financial Autonomy: Salaries, allowances, pensions, and other conditions are xed by
Parliament, but cannot be reduced during tenure.

• Non-Political Role: The Court’s proceedings and judgments are immune from legislative or
executive interference, and Judges are not government servants.

Judicial Independence & Its Signi cance

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 • The independence of the judiciary is a core feature and essential for the rule of law,
safeguarding Fundamental Rights, and checking the powers of the legislature and executive.

• Protection from External Pressures: The Court’s autonomy is reinforced through

constitutional provisions, including immunity from legislative debate on Judges’ conduct
and independent appointment processes.

Challenges and Safeguards

• Retirement & Re-employment: While Judges cannot plead or act after retirement, the
practice of re-employing retired Judges in various capacities raises concerns about
independence.

• Appointments & Transfers: The process is now largely managed by the collegium system,
emphasizing judicial primacy and minimizing political in uence.

• Judicial Discipline: The Court has the power to punish contempt, and disciplinary
proceedings are conducted with fairness, safeguarding judicial dignity.

6. Administrative Control & the Subordinate Judiciary

• Control & Discipline: The High Courts exercise disciplinary control over subordinate
courts and judges, including appointments, promotions, and transfers, to maintain
independence.

• Control & Superintendence: Under Art. 235, High Courts have supervisory and
administrative powers over subordinate courts, ensuring their functioning aligns with
judicial standards.

• Protection & Integrity: The judiciary at the grassroots level is protected from executive
interference, and the Courts are empowered to punish contempt and ensure proper
functioning.

7. Role, Functions, and Development of the Court System

• Guardian of the Constitution: The Court interprets constitutional provisions, safeguards
Fundamental Rights, and ensures government acts within constitutional limits.

• Final Interpreter: It settles disputes, develops law through precedents, and plays a vital
role in a democratic society.

• Evolving Role: The Court’s powers under Articles 142 and 136 enable it to address
extraordinary situations, correct errors, and ll legal gaps, often acting as a problem solver
in complex constitutional matters.

8. Conclusion
The Indian Supreme Court is a powerful, independent, and constitutionally safeguarded institution.
Its extensive jurisdiction, coupled with safeguards for judicial independence, ensures it functions as
the ultimate guardian of the Constitution, protector of Fundamental Rights, and arbiter of disputes
between the State and citizens or between different organs of the State. Its role in developing the
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 law, maintaining the rule of law, and ensuring justice is vital for India’s democratic fabric.
Continuous reforms—like collegium appointments, judicial review, and procedural safeguards—
aim to strengthen its independence and effectiveness in a rapidly changing socio-political
landscape.

This comprehensive overview captures the structure, appointment process, jurisdiction,

powers, and independence of the Supreme Court, re ecting its pivotal role in India’s
constitutional democracy.# Comprehensive Guide to the Structure, Jurisdiction, and Independence
of the Indian Supreme Court

## State Judiciary Composition and Appointment

The State Judiciary in India comprises High Courts at the apex of each state and subordinate
courts below them. The appointment of High Court Judges is a constitutionally sensitive process
designed to uphold judicial independence. Judges are appointed by the President of India after
consultation with:

• The Chief Justice of India,

• The Governor of the respective state,

• The Chief Justice of the concerned High Court.

This process emphasizes merit-based selection and aims to insulate judicial appointments from
political in uence. The appointment procedure involves a careful balance to ensure independence,
with the Chief Justice of India playing a pivotal role, and the President exercising formal
authority based on recommendations.

## High Court Powers and Jurisdiction

High Courts are courts of record, endowed with original, appellate, supervisory, and writ
jurisdiction. Their powers include:

• Original jurisdiction in certain matters like testamentary, matrimonial, company, and

guardianship issues.

• Appellate jurisdiction over decisions of subordinate courts.

• Supervisory jurisdiction under Article 227 to oversee subordinate courts and tribunals,
ensuring lawful and proper functioning.

• Review jurisdiction to prevent miscarriage of justice, allowing correction of errors in their

own decisions.

This broad spectrum ensures judicial control over the entire state judicial system, preserving the
rule of law and judicial independence.

## Writ Jurisdiction under Article 226

Article 226 confers on High Courts the power to issue writs—including:
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 • Habeas Corpus (for unlawful detention),

• Mandamus (for performance of public duties),

• Prohibition (to prevent inferior courts/tribunals from exceeding jurisdiction),

• Quo Warranto (to challenge unlawful occupation of of ce),

• Certiorari (to quash illegal or ultra vires decisions).

This jurisdiction is discretionary and supervisory, not appellate, aimed at controlling

administrative actions and protecting fundamental rights. The courts exercise this power to
correct unlawful acts and ensure legality and fairness in administrative and judicial proceedings.

## Appointment and Tenure of High Court Judges

Eligibility:

• Citizens of India,

• Minimum 10 years judicial experience or as an advocate in a High Court.

Tenure:

• Judges retire at 62 years,

• Appointment involves consultation with the Chief Justice of India and the High Court
Chief Justice,

• Periodic review of judge strength is mandated to address case backlog and judicial
ef ciency.

The appointment process is structured to preserve independence and merit, with a focus on
transparent, merit-based selection and preventing political interference.

## Transfer and Removal of High Court Judges

Transfer:

• Can be made by the President after consultation with the Chief Justice of India,

• Must be for public interest and not punitive,

• Initiated solely by the Chief Justice of India, with full and effective consultation.

Removal:

• Requires impeachment by Parliament,

• Based on proven misbehavior or incapacity,

• Resolves through resolutions in both Houses with special majority.

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This process ensures judicial independence and accountability, with safeguards against arbitrary
removal.

## Independence of the Judiciary

Judicial independence is a basic feature of the Constitution, essential for rule of law and
democratic governance. It is protected through:

• Secure tenure,

• Fixed salaries and pensions,

• Independent appointment procedures,

• Protection against executive or legislative interference,

• Immunity from arbitrary removal.

This independence fosters impartiality, fearless decision-making, and public con dence in the
judiciary.

## Subordinate Judiciary Control and Appointments

The subordinate judiciary includes district courts and lower courts. Their control lies with the
High Court, which oversees:

• Appointment and transfer,

• Disciplinary control,

• Promotions,

• Superintendence.

Recruitment involves consultation with the High Court, ensuring merit, integrity, and
independence. The Supreme Court has emphasized that judicial service is not mere
employment but a public trust, and judicial independencemust be upheld.

## Writs Explained: Habeas Corpus, Quo Warranto,

Mandamus, Certiorari, Prohibition
Habeas Corpus:

• Ensures liberty by challenging illegal detention,

• Can be invoked against private or public authority.

Quo Warranto:

• Challenges unauthorized occupation of public of ce,

• Ensures legal authority of of ceholders.

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 Mandamus:

• Commands public authorities or of cials to perform statutory or legal duties,

• Used to enforce compliance with law.

Certiorari:

• Quashes illegal or ultra vires decisions of judicial or quasi-judicial bodies,

• Corrects jurisdictional errors.

Prohibition:

• Prevents inferior courts or tribunals from exceeding jurisdiction or acting illegally.

These writs are protective tools to uphold legality, protect rights, and maintain the rule of law.

## Role and Regulation of Tribunals

Articles 323A and 323B enable Parliament and State Legislatures to establish tribunals for
speci c disputes:

• Service matters,

• Taxation,

• Labour disputes,

• Land reforms,

• Elections,

• Price regulation.

Tribunals are quasi-judicial bodies with limited jurisdiction, but decisions are subject to
judicial review by High Courts and Supreme Court. Their establishment aims to lighten the
burden on regular courts and ensure speedy justice, though delays and overlap with courts have
sometimes diminished their effectiveness.

## Judicial Review and Limits of Court Intervention

Courts exercise judicial review to:

• Ensure lawful, fair, and reasonable actions of authorities,

• Correct jurisdictional errors,

• Prevent arbitrariness, mala de acts, or violation of natural justice.

Limits:

• Courts avoid policy decisions,

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 • Questions of fact are generally beyond their scope,

• Error of law must be patent or manifest,

• Natural justice principles must be observed.

While judicial review is fundamental, courts respect the discretion of authorities unless there is
illegality or arbitrariness.

## Natural Justice
Natural justice principles include:

• Rule against bias: Adjudicator should be disinterested and impartial,

• Fair hearing: Parties must be given an opportunity to present their case,

• Reasoned decisions: Orders should state reasons,

• No bias or prejudice: Actual or apparent bias renders decisions vitiated.

Flexibility:

• Principles adapt to circumstances,

• Hearings can be written or oral,

• Bias can be real or perceived.

Violation of natural justice invalidates the decision, but technical violations may sometimes not.

## Rule against Bias

A decision-maker should not have personal interest or pecuniary interest in the matter. Actual
bias or likelihood of bias (perception of bias) disquali es a person from acting. Judicial
independence demands impartiality.

Examples:

• A judge involved personally in a matter,

• A decision in uenced by pecuniary interest,

• Hostility or personal animosity.

Supreme Court emphasizes "reasonable likelihood of bias" as the test.

## Fair Hearing
Parties must be given a fair opportunity:

• To know the case against them,

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 • To present their defense,

• To cross-examine witnesses (where applicable),

• To be heard before a decision.

Exceptions:

• Written representations may suf ce,

• Urgent or special circumstances may limit the hearing.

Natural justice requires that no one should be condemned unheard.

## Interplay of Articles 32 and 226

Articles 32 and 226 both protect fundamental and legal rights:

• Article 32: Supreme Court's power to issue writs for enforcement of Fundamental
Rights,

• Article 226: High Courts' power to issue writs for fundamental and other legal rights.

Scope:

• Article 226 is broader, covering any legal right,

• Article 32 is speci c to Fundamental Rights.

Hierarchy:

• Both are independent, but overlap exists,

• Courts prefer Article 226 for public law issues not involving Fundamental Rights.

## Inter-relationship of Articles 226 and 136

Article 136 grants the Supreme Court the power of appeal from all courts and tribunals. It
complements Article 226:

• Article 226: Original jurisdiction for judicial review,

• Article 136: Appellate jurisdiction.

Differences:

• Article 136: Appeals based on merits,

• Article 226: Supervisory control over administrative acts.

In practice:
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 • Cases initially led under Article 226 can later be appealed to Supreme Court under
Article 136.

## Limits of Court Intervention in Administrative Actions

Courts exercise restraint:

• Policy decisions not to be interfered with,

• Errors of fact not to be reappraised,

• Error of law must be patent or manifest,

• Natural justice must be observed.

Exceptions:

• Illegality, mala de, arbitrariness,

• Jurisdictional errors,

• Violation of fundamental rights.

## Conclusion
The Indian judiciary, anchored in Constitutional safeguards, strives to balance independence,
accountability, and effective justice delivery. The judicial system is designed with checks and
balances—through appointment procedures, judicial review, writs, and tribunals—to uphold
the rule of law and protect fundamental rights. The principles of natural justice, judicial
independence, and judicial review form the cornerstones of this system, ensuring that
administrative and judicial acts remain lawful, fair, and transparent.

Note: This guide synthesizes core concepts from the detailed constitutional and procedural
provisions governing the Indian judiciary, emphasizing structure, powers, independence, and
judicial remedies to uphold rule of law.# Comprehensive Guide to the Indian Judiciary:
Composition, Jurisdiction, and Judicial Independence
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