HomeEducational ResourcesThe Supreme Court Notes with PDF

The Supreme Court Notes with PDF

By October 4, 2025 Educational Resources 0 Comments

These notes are your ultimate revision weapon to revise The Supreme Court. We’ve distilled years of previous exam questions (PYQs) into one powerful, concise resource. Everything you need to know, nothing you don’t.

  • PYQs, Decoded: All key concepts from past exams, organized and simplified.
  • Revise in Record Time: Short, precise, and designed for last-minute review.
  • Focus on What Matters: Master high-probability topics and boost your confidence.
  • Free PDF to download.

The Supreme Court of India: A Comprehensive Overview

I. Foundation & History

  • Founded by: The Constitution of India.
  • Inauguration Date: 28th January 1950.
  • Predecessor: Replaced the Federal Court of India, established under the Government of India Act, 1935.

II. Composition & Strength

  • Composition: Consists of the Chief Justice of India (CJI) and other Judges.
  • Initial Strength (1950): 1 Chief Justice + 7 other Judges (Total 8).
  • Current Sanctioned Strength (as of 2019): 1 Chief Justice + 33 other Judges (Total 34).
  • Authority to Change Strength: The Parliament holds the power to increase or decrease the number of Judges.

III. Appointment, Qualifications & Tenure of Judges

  • Appointing Authority: The President of India by warrant under his hand and seal.
  • Consultation Process: The President must consult the Chief Justice of India.
  • Collegium System:
    • Adopted by the Supreme Court in 1993.
    • The Collegium for Supreme Court appointments consists of the CJI and four other senior-most judges.
  • Qualifications: A person must have been:
    • A judge of a High Court for at least 5 years, OR
    • An advocate in a High Court for at least 10 years, OR
    • A distinguished jurist in the opinion of the President.
  • Retirement Age: 65 years.
  • Resignation Process: A Judge may resign by writing a letter addressed to the President.
  • Age Determination: The manner for determining a Judge’s age is provided by Parliament by law (via the 15th Constitutional Amendment).
  • Oath of Office: The form of the oath (to bear true faith to the Constitution, uphold sovereignty, etc.) is detailed in the Third Schedule of the Constitution.

IV. Removal of Judges

  • Process: A Judge can only be removed from office by an order of the President.
  • Condition for Removal: The President’s order must be passed after an address by each House of Parliament.
  • Parliamentary Vote Requirement: The address must be supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members present and voting.
  • Grounds for Removal: Proven misbehaviour or incapacity.
  • Governing Law: The detailed process is outlined in the Judges (Inquiry) Act, 1968.
  • Note: The term “impeachment” is used for the President; the term “removal” is used for Judges.

V. Types of Judges

  • Ad hoc Judge (Article 127):
    • Appointed when there is no quorum of judges available.
    • The CJI appoints a qualified High Court judge with the prior permission of the President and after consulting the concerned High Court’s Chief Justice.
  • Acting Chief Justice (Article 126): Appointed by the President when the office of the CJI is vacant or the CJI is unable to perform their duties.
  • Retired Judges (Article 128): A retired judge of the Supreme Court or Federal Court can be called back by the CJI (with the President’s permission) to sit and act as a judge.
  • Fact: The statement “Additional Judge can be appointed in the Supreme Court” is false.

VI. Salaries, Administration & Post-Retirement

  • Salaries and Allowances: Determined by Parliament by law and charged on the Consolidated Fund of India (not subject to parliamentary vote).
  • Court Administration: The Chief Justice of India appoints the officers and staff of the Supreme Court.
  • Expenses: All administrative expenses are charged to the Consolidated Fund of India.
  • Post-Retirement Practice: A retired Judge is prohibited from practicing law in any court or before any authority in India.

VII. Jurisdiction & Powers

  • Role: The highest court of appeal and the guardian and custodian of the Indian Constitution.
  • Court of Record (Article 129):
    • Its decisions have evidentiary value and cannot be questioned.
    • Has the power to punish for its own contempt.
  • Original and Exclusive Jurisdiction (Article 131):
    • Decides disputes:
      • Between the Government of India and one or more States.
      • Between the Government of India and any State or States on one side and one or more States on the other.
      • Between two or more States.
    • Exclusion: Does not apply to disputes arising from pre-constitutional treaties and agreements.
  • Appellate Jurisdiction:
    • Can hear appeals from any High Court or Tribunal, including Court-martial (Armed Forces Tribunal Act, 2007).
    • Constitutional Cases (Article 132): Appeals against any High Court judgment involving a substantial question of law regarding the interpretation of the Constitution.
  • Advisory Jurisdiction (Article 143):
    • The President can seek the Court’s opinion on questions of law or fact of public importance.
    • The Court is not bound to give its opinion (discretionary), except on matters related to pre-constitution treaties & agreements (mandatory).
    • Heard by a full bench.
    • The opinion given is not binding on the government.
  • Power of Review (Article 137): Permits the Supreme Court to review its own judgments or orders.
  • Power to do Complete Justice (Article 142): The Court can pass any order necessary for doing “complete justice,” and is not constrained by ordinary laws made by Parliament.
  • Power to Transfer Cases (Article 139A): Can transfer any case from one High Court to another or withdraw cases involving the same question of law to itself.
  • Enlargement of Jurisdiction (Article 138): Parliament can by law enlarge the Court’s jurisdiction concerning any matter in the Union List.
  • Writ Jurisdiction (Article 32): Power to issue writs to enforce Fundamental Rights (power shared with High Courts under Article 226).
  • Language: All proceedings must be conducted in English (Article 348(1)(a)).

VIII. Important Doctrines & Concepts

  • Judicial Review:
    • Power: The power of the judiciary to examine and pronounce upon the constitutionality of legislative acts and executive orders.
    • Purpose: To safeguard citizens’ liberties and preserve the ideals of the Constitution.
    • Constitutional Basis: Derived from Articles 13, 32, 136, 226, and 227.
    • Scope: Vested in both the Supreme Court and the High Courts.
    • Basis: Based on the “Procedure Established by Law”.
    • Limitation: Courts cannot inquire into the proceedings of Parliament (Article 122).
  • Doctrine of Basic Structure:
    • Origin: Propounded in the Keshavananda Bharati case (1973).
    • Principle: Parliament cannot use its amending power to alter the basic structure of the Constitution (e.g., federalism, secularism, democracy, judicial review, Fundamental Rights).
    • Nature: A judicial doctrine, not explicitly defined in the Constitution.
    • Reaffirmed: In the Minerva Mills Case (1980).
    • Key Elements: Articles 32, 226, and 227 are part of the inviolable basic structure.
  • Constitution Benches: A minimum of five judges is required to hear a case involving a substantial question of law as to the interpretation of the Constitution.
  • Curative Petition: A concept evolved by the Court (in the Rupa Ashok Hurra case, 2002) to prevent misuse of its process, filed under Article 142.

IX. Public Interest Litigation (PIL)

  • Origin: Concept originated in the United States in the 19th century. Introduced in India by judicial initiative post-Emergency.
  • Progenitors: Justice P.N. Bhagwati and Justice V.R. Krishna Iyer.
  • First PIL Case: *Hussainara Khatoon v/s State of Bihar (1979)*, filed by Kapila Hingorani (CJI at the time was Y.V. Chandrachud).
  • Purpose: Allows any person or NGO to approach the court for matters of public interest and social justice, based on Article 39A (equal justice and free legal aid).
  • Venue: Can be filed in both the High Courts and the Supreme Court.
  • Note: Judicial Activism should not become “Judicial Adventurism” (as cautioned by former CJI A.S. Anand).

X. Notable Facts & Cases

  • Largest Benches:
    • 13 Judges: Keshavananda Bharati case (1973) (Basic Structure Doctrine).
    • 11 Judges: Golaknath Case (1967) (held that Parliament cannot amend Fundamental Rights).
  • Other Key Cases:
    • Maneka Gandhi Case: Established that Articles 14, 19, and 21 are not mutually exclusive; established the right to travel abroad.
  • Female Judges:
    • Justice Gyan Sudha Misra was the fourth female judge (appointed 2010).
    • The first three were Justice Fathima Beevi, Justice Sujata Manohar, and Justice Ruma Pal.
  • Chief Justices of India:
    • Justice P.N. Bhagwati was the 17th CJI (1985-1986).
    • Justice R.C. Lahoti was the 35th CJI (2004-2005).
    • Sequence: H.L. Dattu -> T.S. Thakur -> Jagdish Singh Khehar.
  • Criticism: In the Coal Gate Scam Case, the Supreme Court criticized the CBI, calling it a “Caged Parrot”.
  • Tribunals: Judgments from the TDSAT (established under the TRAI Act, 2000) can be challenged:
    • In the Supreme Court for telecom, broadcasting, and airport tariff matters.
    • In the High Court for cyber matters.

Know More About The Supreme Court:

Related Posts