Supreme Court of India: Jurisdiction, PIL, Judicial Review & Landmark Cases (Complete Guide)

SUPREME COURT OF INDIA: JURISDICTION, PUBLIC INTEREST LITIGATION (PIL), JUDICIAL REVIEW & LANDMARK JUDGMENTS (COMPLETE GUIDANCE FOR COMPETITIVE EXAMS)

Chapter 1

INTRODUCTION

The Supreme Court of India is the apex judicial tribunal, the highest constitutional court, the final court of appeal, and the ultimate guarantor of Fundamental Rights and constitutional democracy in India. Inaugurated on 28th January 1950 (two days after India became a Sovereign Democratic Republic), the Supreme Court replaced both the Federal Court of India (established under the Government of India Act 1935) and the Judicial Committee of the Privy Council in London.

Under Part V (Chapter IV - The Union Judiciary) of the Constitution of India, Article 124(1) establishes: "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." Today, through successive Parliamentary enactments, the sanctioned strength of the Supreme Court stands at 34 Judges (1 Chief Justice of India + 33 Supreme Court Judges).

Functioning under the motto “Yato Dharmastato Jayaḥ” ("Where there is righteousness, there is victory"), the Supreme Court exercises extraordinary constitutional authority. Through its original, appellate, advisory, and writ jurisdictions, as well as its powers of Judicial Review and Public Interest Litigation (PIL), the Indian judiciary has emerged as one of the most powerful and activist judicial institutions in the world.

For aspirants preparing for UPSC Civil Services, State Judicial Services, State PSCs (UPPSC, BPSC, MPPSC, RAS), SSC CGL, and law entrance exams (CLAT PG), mastering the legal provisions, Collegium system, writ procedures, landmark judgments, and recent judicial reforms is essential.

This comprehensive master career guide provides an exhaustive breakdown of the Supreme Court of India. We cover every legal detail—from constitutional articles and Collegium appointment rules to Article 32 writs, Article 142 'Complete Justice' powers, PIL origins, judicial review principles, 20 landmark judgments, comparative jurisdiction tables, 12 exam-focused FAQs, and essential memory tools.

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Chapter 2

HISTORICAL EVOLUTION OF THE INDIAN JUDICIARY

HISTORICAL EVOLUTION OF THE INDIAN JUDICIARY

HISTORICAL EVOLUTION OF THE INDIAN JUDICIARY - Illustrative Reference

Supreme Court of Judicature at Fort William (Calcutta) (Regulating Act 1773)
       │
       ▼ (High Courts Act 1861)
High Courts of Calcutta, Bombay, and Madras Established
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       ▼ (Government of India Act 1935)
Federal Court of India Established at New Delhi (1937)
       │
       ▼ (28th January 1950 - Post-Independence)
Supreme Court of India Inaugurated (Replaced Federal Court & Privy Council Appeals)

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Chapter 3

CONSTITUTIONAL ARTICLES AT A GLANCE (ARTICLES 124 TO 147)

Part V (Chapter IV) of the Indian Constitution outlines the structural, procedural, and jurisdictional provisions governing the Apex Court from Article 124 to Article 147.

Constitutional ArticleSubject Matter / Provisions
Article 124Establishment and composition of the Supreme Court, appointment & removal of judges.
Article 125Salaries, allowances, and pensions of Supreme Court Judges.
Article 126Appointment of Acting Chief Justice of India by the President.
Article 127Appointment of Ad-Hoc Judges in Supreme Court (by CJI with President's consent).
Article 128Attendance of retired Judges at sittings of the Supreme Court.
Article 129Supreme Court to be a Court of Record (Power to punish for contempt of itself).
Article 130Seat of Supreme Court (New Delhi, or other places appointed by CJI with President's approval).
Article 131Original Jurisdiction of Supreme Court (Centre-State & Inter-State disputes).
Article 132Appellate Jurisdiction in constitutional matters.
Article 133Appellate Jurisdiction in civil matters.
Article 134Appellate Jurisdiction in criminal matters.
Article 134ACertificate for appeal to the Supreme Court issued by High Courts.
Article 136Special Leave Petition (SLP) (Extraordinary discretionary power to grant leave to appeal).
Article 137Review of judgments or orders by the Supreme Court.
Article 138Enlargement of the jurisdiction of the Supreme Court by Parliament.
Article 139Conferment on Supreme Court of powers to issue certain writs (beyond Art 32).
Article 139ATransfer of certain cases from High Courts to Supreme Court.
Article 140Ancillary powers of Supreme Court conferred by Parliament.
Article 141Law declared by Supreme Court to be binding on all courts within India.
Article 142Enforcement of decrees/orders of SC and orders as to discovery ("Complete Justice").
Article 143Advisory Jurisdiction of Supreme Court (Presidential reference).
Article 144Civil and judicial authorities to act in aid of the Supreme Court.
Article 145Rules of Court, Bench sizes (Minimum 5 Judges for Constitutional Benches).
Article 146Officers, servants, and expenses of the Supreme Court.

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Qualifications for Appointment as a Supreme Court Judge (Article 124(3)):

  • 1. Has been a Judge of a High Court (or of two or more such courts in succession) for at least 5 years; OR
  • 2. Has been an Advocate of a High Court (or of two or more such courts in succession) for at least 10 years; OR
  • 3. Is, in the opinion of the President, a Distinguished Jurist. (Note: No person has been appointed directly under the 'distinguished jurist' category to date).
1st Judges Case (1981 - SP Gupta Case)
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2nd Judges Case (1993 - Supreme Court Advocates-on-Record Association)
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3rd Judges Case (1998 - Presidential Reference)
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4th Judges Case (2015 - NJAC Unconstitutional)

Chapter 9

# 4. Procedure for Removal of a Judge (Article 124(4) & Judges Inquiry Act 1968):

A Supreme Court Judge can be removed from office ONLY by an order of the President passed after an address by Parliament in the same session.

Chapter 10

1. Removal motion must be signed by 100 members of Lok Sabha OR 50 members of Rajya Sabha and presented to the Speaker/Chairman.

Chapter 11

2. Speaker/Chairman may admit or reject the motion.

Chapter 12

3. If admitted, a 3-Member Committee is constituted to investigate charges:

Chapter 13

4. If the Committee finds the judge guilty, the motion is taken up for voting in both Houses of Parliament.

Chapter 14

6. President signs the removal order. (No Supreme Court Judge has been impeached and removed to date).

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Chapter 15

COMPREHENSIVE JURISDICTION AND POWERS OF THE SUPREME COURT

Jurisdictions & Powers of Supreme Court of India
├── 1. Original Jurisdiction (Article 131 - Inter-Governmental Disputes)
├── 2. Writ Jurisdiction (Article 32 - Enforcement of Fundamental Rights)
├── 3. Appellate Jurisdiction (Articles 132-134A - Constitutional, Civil, Criminal)
├── 4. Special Leave Petition / SLP (Article 136 - Discretionary Appeals)
├── 5. Advisory Jurisdiction (Article 143 - Presidential Consultation)
├── 6. Court of Record & Contempt Powers (Article 129)
├── 7. Power of Judicial Review (Articles 13, 32, 136, 141, 142)
└── 8. Complete Justice Power (Article 142)

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Article 32 confers original and mandatory writ jurisdiction on the Supreme Court for enforcing Fundamental Rights. Dr. B.R. Ambedkar called Article 32 "the very heart and soul of the Constitution."

Writ NameLiteral Latin MeaningPurpose & Grounds for IssuanceAgainst Whom Issued
Habeas Corpus"You shall have the body"Protects personal liberty against illegal detention. Directs authority to produce detained person in court.Public Authorities & Private Individuals.
Mandamus"We Command"Commands a public official or body to perform a mandatory statutory duty that they failed/refused to perform.Public Authorities & Judicial Bodies. (NOT against President/Governor).
Prohibition"To forbid"Issued by higher court to lower court/tribunal to prevent it from exceeding its jurisdiction.Judicial & Quasi-Judicial Authorities ONLY.
Certiorari"To be certified"Quashes an order already passed by a lower court/tribunal acting without jurisdiction or violating natural justice.Judicial, Quasi-Judicial & Administrative Authorities.
Quo-Warranto"By what authority?"Inquires into legality of a person's claim to a public office, preventing illegal usurpation.Public Offices of Substantive Character.

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1. Constitutional Matters (Article 132): Appeal lies if the High Court certifies (under Article 134A) that the case involves a substantial question of law as to the interpretation of the Constitution.

2. Civil Matters (Article 133): Appeal lies if the High Court certifies that the case involves a substantial question of law of general importance.

3. Criminal Matters (Article 134): Appeal lies if High Court has on appeal reversed an acquittal order and sentenced accused to death, or withdrawn a case from lower court and sentenced accused to death.

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Article 136 confers an extraordinary, discretionary constitutional power on the Supreme Court to grant special leave to appeal from any judgment, decree, determination, sentence, or order in any cause or matter passed by any court or tribunal in India.

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1. Question of Law/Fact of Public Importance: President may seek opinion. The Supreme Court MAY or MAY NOT give its opinion.

2. Pre-Constitution Treaties/Agreements: President seeks opinion. The Supreme Court MUST give its opinion.

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Court of Record Powers (Article 129):

  • 1. All judgments, records, and proceedings are preserved as permanent evidentiary records and possess binding precedent value (Article 141).
  • 2. Has the power to punish for Contempt of Court (both Civil Contempt for willful disobedience, and Criminal Contempt for scandalizing the court), under the Contempt of Courts Act, 1971.

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Chapter 18

# 7. POWER OF JUDICIAL REVIEW

Judicial Review is the power of the Supreme Court to examine the constitutional validity of legislative enactments and executive orders passed by both Central and State Governments.

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1. Live Streaming of Constitution Bench Proceedings: Following the Swapnil Tripathi v. Supreme Court of India (2018) judgment, the Supreme Court officially commenced live-streaming of all Constitution Bench hearings on YouTube, allowing millions of citizens and law students to observe constitutional arguments in real time.

2. FASTER & SUVAS AI Portals:

3. e-Courts Project & Paperless Benches: Digitization of case records, e-filing portals, and paperless electronic display boards across Supreme Court courtrooms.

Article 142(1) empowers the Supreme Court to pass any decree or order necessary for doing "Complete Justice" in any cause or matter pending before it.

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Chapter 19

PUBLIC INTEREST LITIGATION (PIL) IN INDIA

Public Interest Litigation (PIL) is a revolutionary judicial tool created by the Indian Supreme Court to democratize access to justice for the poor, marginalized, and disadvantaged sections of society.

Traditional Litigation vs Public Interest Litigation (PIL)
└── PIL Relaxation of Locus Standi: ANY public-spirited citizen or NGO can file a petition 

Chapter 20

1. Bonded labor and child labor rescue.

Chapter 21

2. Undertrial prisoner rights and custodial violence.

Chapter 22

3. Environmental protection and pollution control.

Chapter 23

4. Sexual harassment at workplace (Vishaka Guidelines 1997).

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Chapter 24

20 LANDMARK SUPREME COURT JUDGMENTS (MUST-KNOW FOR EXAMS)

#Landmark Case NameYearSupreme Court Ruling & Constitutional Impact
:-::---:---:---
1AK Gopalan v. State of Madras1950Narrow interpretation of Art 21; held 'Procedure established by law' requires only statutory procedure.
2Shankari Prasad v. Union of India1951Upheld 1st Amendment; held Parliament can amend any part of Constitution including Fundamental Rights.
3Golaknath v. State of Punjab1967Reversed earlier view; held Fundamental Rights are transcendental and Parliament CANNOT amend Part III.
4Kesavananda Bharati v. State of Kerala197313-Judge Bench established Basic Structure Doctrine. Parliament can amend Constitution but cannot alter Basic Structure.
5ADM Jabalpur v. Shivkant Shukla1976(Habeas Corpus Case) Notorious ruling suspending Art 21 during 1975 Emergency. (Overruled in Puttaswamy 2017).
6Maneka Gandhi v. Union of India1978Expanded Art 21; read 'Procedure established by law' as 'Due Process of Law' (Fair, Just & Reasonable).
7Hussainara Khatoon v. State of Bihar1979First PIL in India; declared Right to Speedy Trial a Fundamental Right under Article 21.
8Minerva Mills v. Union of India1980Reaffirmed Basic Structure; held harmony between Fundamental Rights and DPSPs is a basic feature.
9SP Gupta v. Union of India1981(First Judges Case) Formally codified PIL principles and relaxed traditional locus standi.
10MC Mehta v. Union of India1987(Oleum Gas Leak Case) Formulated the Principle of Absolute Liability for hazardous industries.
11Indra Sawhney v. Union of India1992(Mandal Case) Upheld 27% OBC quota; capped total reservations at 50%; introduced 'Creamy Layer'.
12S.R. Bommai v. Union of India1994Subjected Article 356 (President's Rule) to Judicial Review; declared Secularism a Basic Feature.
13Vishaka v. State of Rajasthan1997Laid down guidelines against workplace sexual harassment (led to POSH Act 2013).
14L. Chandra Kumar v. Union of India1997Declared Judicial Review under Art 226/32 an inviolable part of Basic Structure.
15NALSA v. Union of India2014Recognized Transgender persons as 'Third Gender' with fundamental rights.
16Shreya Singhal v. Union of India2015Struck down Section 66A of IT Act 2000 for violating free speech under Art 19(1)(a).
17KS Puttaswamy v. Union of India20179-Judge Bench unanimously declared Right to Privacy a Fundamental Right under Article 21.
18Navtej Singh Johar v. Union of India2018Decriminalized Section 377 IPC (consensual adult homosexual relationships).
19Joseph Shine v. Union of India2018Struck down Section 497 IPC (Adultery law) as unconstitutional and discriminatory against women.
20Janhit Abhiyan v. Union of India2022Upheld 103rd Constitutional Amendment providing 10% EWS Reservation in jobs and admissions.

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Chapter 25

IMPORTANCE FOR COMPETITIVE EXAMS & QUICK REVISION

1. Core Articles: Art 124 (Establishment & Appointment), Art 129 (Court of Record), Art 131 (Original Jurisdiction), Art 132-134 (Appellate), Art 136 (SLP), Art 137 (Review), Art 141 (Binding Precedent), Art 142 (Complete Justice), Art 143 (Advisory).

2. Writs (Art 32): Habeas Corpus (Detention), Mandamus (Command duty), Prohibition (Stop lower court), Certiorari (Quash order), Quo-Warranto (Public office legality).

3. Collegium Composition: CJI + 4 Senior-most Supreme Court Judges.

4. Key Doctrines: Basic Structure (Kesavananda 1973), Due Process of Law (Maneka Gandhi 1978), Absolute Liability (MC Mehta 1987), Creamy Layer (Indra Sawhney 1992).

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Chapter 26

FREQUENTLY ASKED QUESTIONS (FAQS)

Chapter 27

# Q1: What is the current sanctioned strength of Judges in the Supreme Court of India?

Answer: The current sanctioned strength is 34 Judges (1 Chief Justice of India + 33 Supreme Court Judges), fixed by Parliament in 2019.

Answer: Supreme Court Judges are appointed by the President of India on the binding recommendation of the Supreme Court Collegium (CJI + 4 senior-most SC Judges).

Chapter 28

# Q3: What is the retirement age of a Supreme Court Judge?

Answer: A Supreme Court Judge holds office until attaining the age of 65 years (Article 124(2)).

Chapter 29

# Q4: What is the difference between Writ Jurisdiction under Article 32 and Article 226?

Answer: Article 32 is a Fundamental Right itself and empowers ONLY the Supreme Court to issue writs for enforcing Fundamental Rights. Article 226 empowers High Courts to issue writs for enforcing Fundamental Rights AND for any other ordinary legal right (broader scope than SC).

Chapter 30

# Q5: What is a Special Leave Petition (SLP) under Article 136?

Answer: An SLP is an extraordinary discretionary constitutional power of the Supreme Court to grant leave to appeal against any judgment, order, or decree of any court or tribunal in India (except military courts).

Answer: Article 142 empowers the Supreme Court to pass any order or decree necessary for doing "Complete Justice" in any cause or matter pending before it.

Chapter 31

# Q7: What is the significance of the Kesavananda Bharati case (1973)?

Answer: A 13-Judge Constitution Bench established the Basic Structure Doctrine, holding that Parliament can amend any part of the Constitution under Article 368, but cannot alter or destroy its Basic Structure.

Answer: PIL was pioneered in the late 1970s and 1980s primarily by Justice V.R. Krishna Iyer and Justice P.N. Bhagwati (Hussainara Khatoon case 1979, SP Gupta case 1981).

Chapter 32

# Q9: Is the Advisory Opinion of the Supreme Court under Article 143 binding on the President?

Answer: No. The advisory opinion rendered by the Supreme Court under Article 143 is purely advisory and is NOT binding on the President.

Chapter 33

# Q10: What is meant by the Supreme Court being a "Court of Record" under Article 129?

Answer: It means: (1) All its judgments and proceedings are preserved as permanent evidentiary records having binding precedent value (Art 141), and (2) It has the power to punish for contempt of itself.

Chapter 34

# Q11: What majority is required in Parliament to remove a Supreme Court Judge?

Answer: A Special Majority in EACH House: Majority of total membership of the House AND a majority of not less than two-thirds (2/3rd) of members present and voting.

Chapter 35

# Q12: Which Supreme Court judgment recognized the 'Right to Privacy' as a Fundamental Right?

Answer: The landmark 9-Judge Constitution Bench judgment in K.S. Puttaswamy v. Union of India (2017) unanimously held that Right to Privacy is an intrinsic part of Article 21.

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Chapter 36

# Q13: What is the concept of a Curative Petition in the Supreme Court?

Answer: Evolved in Rupa Ashok Hurra v. Ashok Hurra (2002), a Curative Petition is the last judicial remedy available after a Review Petition is dismissed, to cure gross miscarriage of justice or violation of natural justice.

Answer: Justice Harilal Jekisundas Kania (H.J. Kania) was the first Chief Justice of Independent India (1950–1951).

Chapter 37

# Q15: Who was the first female Judge of the Supreme Court of India?

Answer: Justice M. Fathima Beevi was appointed as the first female Judge of the Supreme Court of India in 1989.

Chapter 38

COURT OF RECORD AND CONTEMPT POWERS (ARTICLE 129 & 142)

Chapter 39

# 1. Court of Record (Article 129):

Chapter 40

# 2. Power to Punish for Contempt:

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Chapter 41

# Advisory Jurisdiction under Article 143:

The President can seek the opinion of the Supreme Court on two categories of matters:

Chapter 42

1. On any question of law or fact of public importance which has arisen or is likely to arise (Court may or may not provide opinion).

Chapter 43

2. On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, or sanad (Court MUST provide opinion).

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Chapter 44

# Curative Petition — Origin and Legal Basis:

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Chapter 45

CONCLUSION

The Supreme Court of India stands as the premier citadel of justice, liberty, and constitutional supremacy. From safeguarding Fundamental Rights through Article 32 writs to establishing the inviolable Basic Structure Doctrine and expanding socio-economic justice via Public Interest Litigation, the Apex Court has continually adapted constitutional law to meet the evolving aspirations of Indian society.

For competitive exam aspirants, mastering Article 124 through Article 147, the Collegium system, writ procedures, Article 142 powers, and landmark judicial cases ensures thorough preparation for scoring top marks in Indian Polity.

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Chapter 46

SUPREME COURT — SEAT, BENCHES & VACATION SCHEDULE

FeatureDetail
Permanent SeatNew Delhi
Benches outside DelhiChief Justice of India (with President's approval) can establish Benches anywhere in India (has never been done)
Working DaysApproximately 190-193 days per year (3 vacation periods: Summer, Dussehra, Winter)
Constitution BenchMinimum 5 judges; for cases involving substantial questions of constitutional law
Sanctioned Strength34 (Chief Justice + 33 Judges) — increased from 31 by Supreme Court (Number of Judges) Amendment Act 2019
CJI AppointmentSenior-most Supreme Court Judge is appointed CJI by President (Convention since 1950, except 1973 supersession)

Chapter 47

Key Landmark Judgments — Quick Fact Table

CaseYearSignificance
Kesavananda Bharati v. Kerala1973Basic Structure Doctrine — 13-judge bench, 7:6 majority
Maneka Gandhi v. UoI1978Article 21 expanded — Right to live with dignity; procedure must be fair, just, reasonable
Vishaka v. State of Rajasthan1997Laid down Vishaka Guidelines on sexual harassment at workplace (before POSH Act 2013)
Olga Tellis v. Bombay Municipal Corporation1985Right to livelihood is part of Right to Life under Article 21
Indra Sawhney v. UoI199250% cap on reservations; creamy layer exclusion; no reservation in promotions
Shreya Singhal v. UoI2015Section 66A of IT Act struck down — protected free speech online
Navtej Johar v. UoI2018Section 377 IPC decriminalized — consensual same-sex relations legal
KS Puttaswamy v. UoI2017Right to Privacy declared Fundamental Right (9-judge bench, unanimous)

Chapter 48

IMAGE GENERATION PROMPTS

`A high-resolution, realistic digital photograph of the Supreme Court of India building in New Delhi under clear blue skies, showing the historic central dome, grand entrance pillars, and the bronze statue of Mahatma Gandhi in deep thought. Professional architectural lighting, 8k resolution, photorealistic quality.`

`A detailed realistic photo illustration of a formal Constitution Bench courtroom inside the Supreme Court of India, with five Supreme Court judges in black robes listening to oral arguments presented by senior advocates. Warm courtroom interior lighting, high detail, photorealistic.`

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