SUPREME COURT OF INDIA (Syllabus: GS Paper 2 – Polity)

News-CRUX-10     29th January 2024        

Context: The Prime Minister of India recently inaugurated the Diamond Jubilee celebration of the Supreme Court.

Supreme Court of India

  • About: The Supreme Court of India is the Apex Court and is the final interpreter of the Constitution and the laws.
  • Articles: 124 to 147 in Part V of the Constitution deal with the organisation, independence, jurisdiction, powers and procedures.
  • Structure: 31 judges (one chief justice and thirty other judges)
  • Appointment by: President
  • Other judges are appointed by: President after consultation with the CJI
  • Tenure: Age of 65 years
  • Collegium System: In this system, decisions about choosing judges or promoting lawyers to the Supreme Court and moving judges between High Courts and the Supreme Court are made by a group consisting of the Chief Justice of India and the four most experienced judges of the SC.

Power and Functions

  • Writ Jurisdiction: The Supreme Court has the authority to issue directives, orders, or writs, such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari, for their enforcement.
  • Appellate jurisdiction: It seems to handle appeals against the decisions of lower courts and possesses extensive appellate authority.
  • Advisory jurisdiction: The advisory jurisdiction, as outlined in Article 143 of the Constitution, empowers the President to request the Supreme Court's opinion in two specific categories:

oRegarding any question of law or fact of public significance that has emerged or is likely to arise.

oConcerning disputes arising from pre-constitutional treaties, agreements, covenants, engagements, sanads, or similar instruments.