Supreme Court of India: Powers, Jurisdiction, and Judicial Activism
TOPIC CLASSIFICATION
Subject: Polity | Topic: Judiciary Sub-topic: Supreme Court — Jurisdiction (Original, Appellate, Advisory), Judicial Review, Judicial Activism Prelims Focus: Article 124–147, writ jurisdiction, types of jurisdiction, contempt power Mains Focus: Judicial activism vs judicial restraint, collegium system, appointment of judges (NJAC controversy), PIL
EXAMINER REASONING
The Supreme Court is the highest judicial forum and guardian of the Constitution. UPSC Prelims tests specific articles on jurisdiction (Art. 131, 132–136, 143) and contempt powers. Mains questions critically analyse the role of judicial activism, the collegium vs NJAC debate, and the limits of judicial review under the basic structure doctrine.
Core Concept
The Supreme Court of India was established on January 28, 1950, under Article 124. It is the apex constitutional court with original, appellate, and advisory jurisdiction.
Composition and Appointment
| Aspect | Detail |
|---|---|
| Strength | Chief Justice of India (CJI) + 34 judges (total 35 including CJI) |
| Appointment | By President — CJI and judges appointed on recommendation of Collegium (CJI + 4 senior-most SC judges) |
| Eligibility (Art. 124(3)) | 5 years as HC judge, or 10 years as advocate in HC, or distinguished jurist |
| Tenure | Up to 65 years of age |
| Removal | Impeachment under Art. 124(4) — by each House with 2/3rd majority (proved misbehaviour/incapacity) |