Polity · X-Factor Notes
The Supreme Court revision notes for UPPCS Prelims.
High-Yield Revision| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Establishment | 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, 1935). | |
| Constitutional Provision | Articles 124 to 147 in Part V of the Indian Constitution deal with the Supreme Court. It was established by the Indian Constitution. | |
| Composition (Current Sanctioned Strength) | Consists of the Chief Justice of India (CJI) and 33 other judges (Total 34). This number was increased from 31 by the Supreme Court (Number of Judges) Amendment Act, 2019. | UPPCS (Mains) 2015, U.P. Lower Sub. (Pre) 2004 |
| Parliamentary Power | Parliament has the power to increase the number of Judges in the Supreme Court. | |
| Court of Record (Art 129) | The Supreme Court is a Court of Record. It has the power to punish for its contempt. Its decisions have evidentiary value and cannot be questioned in any court. | UPPCS (Pre) 2008, UPPCS RO-ARO 2023 Prelims |
| Language (Art 348) | All proceedings in the Supreme Court shall be in the English language. | UPPCS (Mains) 2013 |
| Historical Predecessor (Federal Court) | The Federal Court in India was established by the Government of India Act, 1935 (on October 1, 1937). | UPPCS (Pre) 2014, UPPCS (Mains) 2015 |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Appointing Authority | Judges are appointed by the President of India. | |
| Qualifications | Must be a citizen of India and either: 5 years a Judge of a High Court, OR 10 years an Advocate of a High Court (or courts in succession), OR a distinguished jurist in the opinion of the President. No minimum age is prescribed. | UPPCS (Pre) 2000 |
| Retirement Age |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Jurisdictions | The SC has Original, Appellate, as well as Advisory Jurisdiction. The High Court does not have Advisory Jurisdiction. | UPPCS (Mains) 2010, 2013 |
| Original Jurisdiction (Art 131) | Jurisdiction to decide disputes between the Centre and State(s) or between two or more States. | |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Guardian of Fundamental Rights (Art 32) | The Supreme Court is the Guardian of Fundamental Rights. It can issue writs only for the enforcement of Fundamental Rights. | UPPCS (Pre) 1997, 1992, 2016, U.P. Lower Sub. (Pre) 2004, U.P.P.S.C. (GIC) 2010, U.P. P.C.S. (Mains) 2012, 2015 |
| Guardian of the Constitution | The Supreme Court is the Custodian or Guardian of the Constitution of India. It is the last authority to interpret the Constitution. | |
| Judges of the Supreme Court retire at the age of 65 years. |
| Resignation | A Judge may resign his office by writing to the President. |
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| Removal Process (Art 124(4)) | Removed by the President after an address by each House of Parliament (supported by special majority) on the grounds of proved misbehaviour or incapacity. The Constitution provides the grounds but does not define "proved misbehaviour or incapacity". |
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| Ad hoc Judges (Art 127) | The Chief Justice of India can appoint a High Court Judge as an Ad hoc Judge of the Supreme Court for a temporary period to complete the quorum. | UPPCS (Mains) 2004, U.P.P.S.C. (GIC) 2010 |
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| Collegium System | Adopted by the Supreme Court in 1993. The Collegium comprises the CJI and 4 Senior Judges. | U.P.P.S.C. (GIC) 2010 |
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| Salaries | Salaries and allowances are charged on the Consolidated Fund of India. |
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| Appellate Jurisdiction |
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| Includes appeals from High Courts in civil, criminal, or other proceedings, particularly those involving constitutional interpretation (Art 132) or special leave to appeal (Art 136). |
| UPPCS RO-ARO 2023 Prelims, UPPCS (Mains) 2004 |
| Advisory Jurisdiction (Art 143) | The President has the right to seek the opinion of the Supreme Court on any question of law or fact of public importance. In certain pre-constitutional matters, the SC is bound to tender its opinion, but the advice is not binding on the government. | U. P. P. S.C. (GIC) 2010, U.P. Lower Sub. (Pre) 1998, UPPCS Mains 2016 |
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| Judicial Review | The system exists in both India and the USA. In India, the concept of Judicial Review is based on the Procedure established by Law. It enables the court to declare any law or order invalid if it conflicts with the Constitution. The power is enjoyed by both the Supreme Court and High Courts. | UPPCS (Pre) 1994, U.P. P.C.S. (Mains) 2017 |
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| Review of Judgement (Art 137) | The Supreme Court has the power to review its own judgement or order. | UPPCS (Mains) 2009 |
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| Basic Structure Doctrine | Propounded in the Keshavananda Bharti vs. State of Kerala (1973) case. It places a substantive non-legislative check upon Parliament’s amending power (Art 368). The source of this doctrine is Judicial interpretation. | UPPCS (Pre) 2022, 2014, 2016, 2020, U.P. Lower Sub. (Pre) 2013, UPPCS (Mains) 2012 |
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| Constitutional Bench | The minimum number of Judges required for hearing any case involving interpretation of the Constitution is five. | UPPCS (Pre) 2012, UPPCS (Mains) 2012 |
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| Judicial Decisions are Binding |
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| Decisions of the Supreme Court (Art 141) are binding upon other courts of India. |
| Parliamentary Limits | The sovereignty of the Indian Parliament is restricted by Judicial review (among other factors). | UPPCS (Mains) 2004 |
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