Supreme Court of India

The Supreme Court derives its authority from Part V of the Constitution (Articles 124–147). It has original jurisdiction in disputes between the Union and states or among states, appellate jurisdiction over High Court judgments, and advisory jurisdiction under Article 143, where the President may seek its opinion on legal questions.¹ Its power of judicial review allows it to strike down laws and executive actions that violate fundamental rights or the constitutional scheme. Article 141 makes its law binding on all courts, though the Court itself may overrule its precedents. The Court also entertains public interest litigation (PIL), a mechanism that has expanded access to justice for marginalized groups.

The Court consists of the Chief Justice of India and up to 34 judges, appointed by the President. Since 1993, appointments follow the collegium system, where the Chief Justice and senior judges recommend candidates, a process that has sparked debates over executive influence and judicial independence.² Judges retire at age 65, and removal requires a parliamentary process on grounds of proved misbehavior or incapacity. The Court also administers its own registry and has a library with over 50,000 volumes. Notable chief justices have shaped its legacy, including H. J. Kania (first CJI) and Y. V. Chandrachud, the longest-serving CJI (1978–1985).

The Court has delivered transformative rulings, including Kesavananda Bharati (1973), which established the basic structure doctrine, limiting Parliament's power to amend the Constitution.³ In Maneka Gandhi (1978), it expanded Article 21's right to life and personal liberty. It decriminalized homosexuality in Navtej Singh Johar (2018) and recognized privacy as a fundamental right in Puttaswamy (2017).⁴ These decisions have shaped social policy, from environmental protections to affirmative action. However, the Court has also faced criticism for judicial overreach and delays, with a large backlog of cases.

Beyond headline cases, the Court has handled niche matters: it once ruled on the legality of a cricket match's no-ball (in a 2002 PIL), and it has addressed the rights of transgender persons (NALSA, 2014). The Court's first woman judge, Fathima Beevi, was appointed in 1989, and as of 2024 only 11 women have served as judges. The Court's proceedings are now live-streamed for cases of constitutional importance, a practice started in 2022. Its building, designed by Ganesh Bhikaji Deolalikar, incorporates Indo-Islamic architecture. The Court also has a museum and an art gallery, and it administers the National Legal Services Authority (NALSA) to provide free legal aid.

Judicial review

The power of courts to examine laws and executive actions and declare them unconstitutional if they violate the Constitution.

Public interest litigation (PIL)

A legal action initiated in a court for the enforcement of public interest, allowing any citizen to seek judicial remedy for collective grievances.

Basic structure doctrine

A principle that certain fundamental features of the Constitution cannot be altered by Parliament through amendments.

Collegium system

A process of judicial appointments in India where the Chief Justice and senior judges recommend candidates to the President.