Composition and Jurisdiction — Basic Structure

Basic Structure

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.

Important Differences

vs High Courts

Aspect	This Topic	High Courts
Constitutional Basis	Articles 124-147 establish Supreme Court	Articles 214-231 establish High Courts
Territorial Jurisdiction	Nationwide jurisdiction over entire country	Limited to specific state(s) or union territories
Original Jurisdiction	Inter-governmental disputes (Article 131)	Writ jurisdiction, company law, matrimonial cases
Appellate Jurisdiction	Appeals from High Courts, final court of appeal	Appeals from subordinate courts within state
Appointment Authority	President after collegium consultation	President after consultation with CJI and Governor
Number of Judges	Fixed at 34 judges including CJI	Varies by High Court, determined by President
Retirement Age	65 years for all judges	62 years for all judges

The Supreme Court stands at the apex of India's judicial hierarchy with nationwide jurisdiction and final appellate authority, while High Courts serve as the highest judicial authority within their respective states. The Supreme Court's original jurisdiction focuses on federal disputes, whereas High Courts have broader original jurisdiction including writ petitions, company matters, and matrimonial cases within their territorial limits. The appointment process is similar but involves different consultation mechanisms, and the retirement age differs by three years, reflecting the Supreme Court's senior position in the judicial hierarchy.

vs Federal Court (1937-1950)

Aspect	This Topic	Federal Court (1937-1950)
Constitutional Status	Established under sovereign Constitution of India	Created under Government of India Act, 1935
Composition	34 judges including CJI (expanded over time)	1 Chief Justice and 6 puisne judges (fixed)
Jurisdiction Scope	Original, appellate, advisory, and writ jurisdiction	Limited appellate and federal dispute jurisdiction
Fundamental Rights	Guardian of fundamental rights under Article 32	No fundamental rights enforcement role
Advisory Powers	Advisory jurisdiction under Article 143	No advisory jurisdiction
Independence	Complete judicial independence with collegium system	Limited independence under colonial framework
Constitutional Review	Power of judicial review and constitutional interpretation	Limited power to interpret Government of India Act

The transformation from Federal Court to Supreme Court represents a fundamental shift from a colonial judicial institution with limited powers to a sovereign constitutional court with comprehensive jurisdiction. The Supreme Court's expanded composition, broader jurisdiction including fundamental rights protection, and complete judicial independence mark the evolution from a colonial administrative court to the guardian of India's democratic Constitution. The Supreme Court's role as the final interpreter of the Constitution and protector of fundamental rights was entirely absent in the Federal Court's limited mandate.

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