How many judges are there in the Supreme Court of India currently?

The Supreme Court of India currently has a sanctioned strength of 34 judges, including one Chief Justice of India and 33 other judges. This number has evolved significantly since independence when the Court started with just 8 judges (1 Chief Justice and 7 other judges). The strength has been increased through various parliamentary acts: 14 judges in 1956, 17 in 1960, 18 in 1977, 26 in 1986, and finally 34 in 2008. However, the actual working strength often remains below the sanctioned strength due to vacancies arising from retirements, resignations, or delays in appointments through the collegium system.

What is the collegium system and how does it work for Supreme Court appointments?

The collegium system is the current mechanism for appointing judges to the Supreme Court, established through the Second Judges Case (1993). For Supreme Court appointments, the collegium consists of the Chief Justice of India and the four senior-most judges of the Supreme Court. The system works through consensus-based recommendations to the President, who is bound to accept them. The collegium considers factors like merit, integrity, regional representation, and diversity while making recommendations. Despite criticism for lack of transparency, the system was reaffirmed when the Supreme Court struck down the National Judicial Appointments Commission (NJAC) in 2015, though the Court called for reforms to make it more transparent and accountable.

What are the different types of jurisdiction of the Supreme Court?

The Supreme Court exercises three main types of jurisdiction: Original Jurisdiction (Article 131) allows the Court to hear certain cases directly, primarily disputes between the Union and States or between States. This is exclusive jurisdiction that cannot be exercised by any other court. Appellate Jurisdiction (Articles 132-136) enables the Court to hear appeals from High Courts in constitutional, civil, and criminal matters, including the broad power under Article 136 to grant special leave to appeal in any matter. Advisory Jurisdiction (Article 143) empowers the President to seek the Court's opinion on questions of law or fact of public importance, though such opinions are not binding. Additionally, the Court has writ jurisdiction under Article 32 for enforcing fundamental rights.

What is the difference between original and appellate jurisdiction of the Supreme Court?

Original jurisdiction means the Supreme Court can hear certain cases directly as the first court, without them going through lower courts first. This is limited to specific types of disputes mentioned in Article 131, primarily inter-governmental disputes between the Union and States or between States themselves. This jurisdiction is exclusive, meaning no other court can hear these cases. Appellate jurisdiction, on the other hand, allows the Supreme Court to hear appeals from decisions of High Courts and other lower courts. Cases reach the Supreme Court through appeals in constitutional matters (Article 132), civil matters (Article 133), criminal matters (Article 134), and through special leave petitions (Article 136). While original jurisdiction is limited and specific, appellate jurisdiction is much broader and forms the majority of the Court's workload.

Who can become a judge of the Supreme Court and what are the qualifications?

According to Article 124(3), a person can be appointed as a Supreme Court judge if they are: (1) a citizen of India, and (2) have been a judge of a High Court for at least five years, or (3) have been an advocate of a High Court for at least ten years, or (4) are, in the President's opinion, a distinguished jurist. The appointment is made by the President after consultation with the collegium. There is no specific age limit for appointment, but judges must retire at 65 years. The qualifications ensure that only experienced legal professionals with substantial judicial or advocacy experience, or recognized legal scholars, can be appointed to the apex court.

What is Article 32 and why is it called the 'heart and soul' of the Constitution?

Article 32 is the 'Right to Constitutional Remedies' that empowers citizens to directly approach the Supreme Court for the enforcement of their fundamental rights. Dr. B.R. Ambedkar called it the 'heart and soul' of the Constitution because it provides the mechanism to enforce fundamental rights, making them meaningful rather than mere paper declarations. Under Article 32, the Supreme Court can issue writs including habeas corpus, mandamus, prohibition, certiorari, and quo-warranto. This jurisdiction is original, meaning citizens can directly approach the Supreme Court without going through lower courts. The provision has been instrumental in developing India's human rights jurisprudence and public interest litigation, making the Supreme Court the protector and guarantor of fundamental rights.

How does the Supreme Court exercise its advisory jurisdiction under Article 143?

Article 143 empowers the President to seek the Supreme Court's advisory opinion on questions of law or fact of public importance that are likely to arise. The President may also refer disputes arising from pre-Constitution treaties, agreements, or instruments. The Court's opinion under this provision is advisory and not binding, but it carries significant moral and legal weight. The jurisdiction has been used sparingly to maintain separation of powers and avoid the Court becoming a mere advisory body to the executive. Notable advisory opinions include the Berubari Union case (1960) regarding territory transfer to Pakistan and the Special Courts Bill case (1978). The provision reflects the Court's role as a constitutional counselor while preserving its primary judicial function.

What is the role of the Chief Justice of India in the Supreme Court's composition and functioning?

The Chief Justice of India (CJI) is the head of the Indian judiciary and holds the position of 'first among equals' (primus inter pares) in the Supreme Court. The CJI's role includes: administrative functions like allocating cases to different benches, constituting benches for specific matters, and overall court administration; leading the collegium for judicial appointments and transfers; representing the judiciary in interactions with the executive and legislature; and ceremonial functions as the head of the judicial branch. The CJI is appointed by the President and typically follows the convention of appointing the senior-most judge. The position carries immense responsibility for maintaining judicial independence, efficient court administration, and upholding constitutional values. The CJI's decisions on case allocation and bench constitution significantly impact how the Court exercises its various jurisdictions.

Can Supreme Court judges be removed from office and what is the process?

Yes, Supreme Court judges can be removed from office through impeachment, but only on grounds of 'proved misbehaviour or incapacity' as specified in Article 124(4). The process requires: (1) a motion signed by at least 100 members of Lok Sabha or 50 members of Rajya Sabha, (2) investigation by a three-member committee if the motion is admitted, (3) passage of the impeachment motion by a special majority (majority of total membership and two-thirds of members present and voting) in both Houses of Parliament, and (4) presentation to the President for removal. This is an extremely difficult process, reflecting the constitutional intention to ensure judicial independence while providing accountability. Only one impeachment attempt has been made in Indian history (Justice V. Ramaswami in 1993), which failed to get the required majority in Lok Sabha.

What is special leave petition (SLP) and how does Article 136 empower the Supreme Court?

Special Leave Petition (SLP) under Article 136 is a unique provision that grants the Supreme Court discretionary power to hear appeals from any judgment, decree, determination, sentence, or order of any court or tribunal in India. This is the broadest provision for accessing the Supreme Court and allows it to intervene in matters of substantial public importance, legal significance, or where grave injustice has occurred. The Court's power under Article 136 is discretionary, meaning it can refuse to hear cases that don't meet its criteria for intervention. This provision has enabled the Court to develop important legal principles, address systemic issues, and ensure justice in cases where normal appeal avenues are inadequate. SLPs form a significant portion of the Court's workload and demonstrate its role as the final guardian of justice in the Indian legal system.

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Composition and Jurisdiction

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Article 124 of the Indian Constitution establishes the Supreme Court of India and provides for its composition. It states: 'There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.' This has been amended multiple times, with the current strength being 34 judges including the Chief Ju…

Quick Summary

The Supreme Court of India, established under Article 124, is the apex judicial institution with 34 judges including the Chief Justice of India. Judges are appointed through the collegium system (CJI + 4 senior judges) and retire at 65.

The Court exercises three types of jurisdiction: Original (Article 131) for inter-governmental disputes, Appellate (Articles 132-136) for appeals from High Courts with Article 136 providing special leave petition powers, and Advisory (Article 143) for Presidential consultations.

Article 32 grants writ jurisdiction for fundamental rights enforcement. Key qualifications for judges include Indian citizenship and either 5 years as High Court judge, 10 years as High Court advocate, or being a distinguished jurist.

The collegium system emerged from the Second Judges Case (1993) and survived the NJAC challenge (2015). The Court's composition has grown from 8 judges in 1950 to 34 in 2008, reflecting India's expanding legal needs.

The Chief Justice leads administration, case allocation, and the collegium. Impeachment requires special majority in both Houses of Parliament for 'proved misbehaviour or incapacity.' The Court serves as the Constitution's guardian, federal umpire, and protector of fundamental rights.

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Supreme Court: 34 judges (1 CJI + 33 others), retire at 65

Collegium: CJI + 4 senior judges for appointments

Original jurisdiction: Article 131 (inter-governmental disputes)

Appellate jurisdiction: Articles 132-136 (SLP under 136)

Advisory jurisdiction: Article 143 (Presidential reference)

Writ jurisdiction: Article 32 (fundamental rights only)

Evolution: 8 judges (1950) → 34 judges (2008)

Key cases: S.P. Gupta (1981), Second Judges Case (1993), NJAC (2015)

Qualifications: Citizen + (5 years HC judge OR 10 years HC advocate OR distinguished jurist)

Vyyuha Quick Recall - 'SCAJ-34': S(upreme) C(ourt) A(rticles) J(urisdiction) - 34 judges. Composition Memory: '1-4-65' = 1 CJI, 4 senior judges in collegium, 65 retirement age. Jurisdiction Mnemonic: 'OAAW' = Original (131), Appellate (132-136), Advisory (143), Writ (32).

Article Sequence: '124-Start, 131-Original, 136-SLP, 143-Advisory' - covers key provisions. Case Timeline: 'SPN' = S.P. Gupta (1981), P(Second Judges) (1993), NJAC (2015). Evolution Numbers: '8-14-17-18-26-34' = composition growth timeline.

Qualifications: '5-10-DJ' = 5 years HC judge, 10 years HC advocate, Distinguished Jurist.

Composition and Jurisdiction

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