The Supreme Court & Judicial Review
The apex court of India — its composition, the collegium system, jurisdiction, judicial review, and Public Interest Litigation (PIL). Includes the appointment flowchart.
Key Takeaways
- The Supreme Court (Articles 124–147) is the guardian of the Constitution and the final court of appeal.
- Judges are appointed by the President through the collegium system, evolved via the Three Judges Cases.
- Judicial review — the power to test the constitutionality of laws — flows from Articles 13, 32 and 226.
Core concept
The Supreme Court is the highest judicial forum and the final interpreter of the Constitution. It is the guardian of Fundamental Rights (Article 32) and enforces the rule of law through judicial review — the power to strike down laws and executive actions that violate the Constitution.
Static foundation
- Composition: the Chief Justice of India and up to 33 other judges (sanctioned strength 34).
- Qualifications (Art 124): a citizen who has been a High Court judge for 5 years, or a High Court advocate for 10 years, or is, in the President's opinion, a distinguished jurist.
- Tenure: holds office until 65 years. Removal is by the process under Article 124(4) — 'proved misbehaviour or incapacity'.
- Jurisdiction: original (Art 131), writ (Art 32), appellate (Art 132–134), advisory (Art 143); it is a court of record (Art 129).
Appointment of Supreme Court Judges (Collegium System)
Collegium recommends
The collegium — the CJI plus the four senior-most SC judges — recommends names for appointment or elevation.
Sent to the Government
The recommendation goes to the Union Law Ministry and then to the President.
Government may return once
The government can seek reconsideration, but if the collegium REITERATES the name, the government is bound to appoint.
President appoints
The President formally issues the warrant of appointment.
The collegium is not mentioned in the Constitution — it evolved through the Three Judges Cases (1981, 1993, 1998).
Evolution of Judicial Appointments
- 1981
First Judges Case
Gave primacy to the executive in appointments ('consultation' ≠ 'concurrence').
- 1993
Second Judges Case
Introduced the collegium; gave primacy to the CJI's opinion.
- 1998
Third Judges Case
Expanded the collegium to the CJI + four senior-most judges.
- 2014
99th Amendment (NJAC)
Sought to replace the collegium with a National Judicial Appointments Commission.
- 2015
Fourth Judges Case
SC struck down the NJAC as violating the independence of the judiciary (basic structure).
Jurisdictions of the Supreme Court
Tap each card to reveal what the jurisdiction covers.
Public Interest Litigation (PIL)
PIL relaxed the rule of locus standi — any public-spirited person can approach the court for those unable to do so themselves. Pioneered by Justices P. N. Bhagwati and V. R. Krishna Iyer. It democratised access to justice but also raised concerns of 'frivolous' litigation and judicial overreach.
Current affairs linkage
The collegium vs government friction over appointments and delays in clearing names is a recurring theme, as are debates on judicial vacancies, pendency, and transparency. (Add the latest data on pendency/vacancies or any recent standoff over collegium recommendations.)
Mains answer skeleton
Intro: Independent judiciary as a pillar of the basic structure.
Body: (a) Judicial review as a check on the other organs; (b) collegium — merits (independence) vs criticism (opacity, nepotism); (c) NJAC verdict and the accountability gap; (d) judicial overreach vs restraint.
Way forward / Conclusion: A transparent Memorandum of Procedure + self-restraint + filling vacancies.
Prelims trap zones
- Advisory jurisdiction (Art 143) opinions are NOT binding on the President.
- The collegium finds no mention in the Constitution — it is judge-made.
- Judges are removed by a process under Article 124(4); the Constitution uses the term 'removal', not 'impeachment' (which applies to the President).
Prelims Pointers
- The SC collegium = the Chief Justice of India + the four senior-most judges.
- The NJAC (99th Amendment, 2014) was struck down in 2015 for violating the independence of the judiciary.
- A judge can be removed only for 'proved misbehaviour or incapacity' by a special majority in each House.
- Advisory jurisdiction is under Article 143; the SC is a 'court of record' under Article 129.
Mains Angle
- 'Judicial review is a basic feature, but judicial overreach threatens the separation of powers.' Discuss.
- Evaluate the collegium system versus the NJAC in ensuring judicial independence and accountability.
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