Supreme Court of India — Jurisdiction, Collegium, Article 142, 2024-26 Updates (UPSC Polity)

The Supreme Court of India is the apex court of the Indian judicial system, the guardian of the Constitution, the protector of fundamental rights, and a federal court for Union-State disputes. Established on 28 January 1950 — two days after the Constitution came into force — it replaced the Federal Court of India and is constituted under Part V, Chapter IV of the Constitution (Articles 124-147). For UPSC, the Supreme Court is a central GS-II topic: structure, jurisdiction, appointment of judges, collegium system, Article 142, judicial review, and landmark cases.

Constitutional framework

Judicial review is additionally anchored in Articles 13(2), 32, 226, 245.

Composition and appointment

• Strength: 1 CJI + 33 other judges (increased to 34 in 2019 by the SC (Number of Judges) Amendment Act, 2019).
• Qualifications (Article 124(3)) — Indian citizen; five years as a High Court judge, or ten years as a High Court advocate, or a distinguished jurist.
• Tenure: Until age 65.
• Appointment: By the President after consultation (Article 124(2)). Since the Second Judges Case (1993) and Third Judges Case (1998), appointments are made via the Collegium — a body of the CJI and four senior-most SC judges.
• Removal: By impeachment under Article 124(4) — proved misbehaviour or incapacity; requires special majority in both Houses.

The collegium and the NJAC

The collegium system emerged from three judgments:

• First Judges Case (1981) — "consultation" with CJI not binding.
• Second Judges Case (1993) — "consultation" means concurrence; CJI's opinion has primacy.
• Third Judges Case (1998) — collegium of CJI + 4 senior-most judges.

The 99th Amendment and NJAC Act, 2014 sought to replace the collegium with a commission. The Fourth Judges Case (2015) struck them down as violating judicial independence — part of the basic structure.

Jurisdiction

Original jurisdiction (Article 131)

Union-State and inter-State disputes — exclusive and original. Examples: State of West Bengal v. UoI (1964); State of Karnataka v. UoI (1977).

Writ jurisdiction (Article 32)

Dr. Ambedkar called Article 32 the "heart and soul of the Constitution". The Court can issue writs — habeas corpus, mandamus, prohibition, certiorari, quo warranto — for enforcement of Fundamental Rights.

Appellate jurisdiction

• Constitutional (Article 132) — interpretation of the Constitution.
• Civil (Article 133) — substantial question of law of general importance.
• Criminal (Article 134) — death sentence, trial transfer, certificate cases.

Special Leave Petition — Article 136

Discretionary power to grant leave to appeal from any judgment of any court or tribunal (except military). Widely used; subject of reform discussions.

Review and Curative

• Article 137 — review of own judgment.
• Curative petition — post-review, recognised in Rupa Ashok Hurra (2002).

Advisory jurisdiction — Article 143

President may refer questions of law or fact of public importance. Opinion is not binding but carries immense persuasive value (e.g., Berubari, Kesavananda reference, Special Reference on Presidential election, In re Article 370 reference).

Article 142 — complete justice

Allows the Court to pass any order "necessary for doing complete justice." Invoked in Union Carbide-Bhopal, Ayodhya, Cauvery, and most recently in the Tamil Nadu Governor (2025) case deeming bills assented.

Landmark judgments (quick map)

Judicial review and basic structure

• Article 13 makes laws inconsistent with Fundamental Rights void.
• Kesavananda (1973) — constituent power under Article 368 cannot alter the basic structure.
• Basic-structure elements recognised over time: supremacy of Constitution, rule of law, separation of powers, federalism, secularism, democracy, judicial review, independence of judiciary, free and fair elections.

Public Interest Litigation

Developed in the late 1970s by Justices P.N. Bhagwati and V.R. Krishna Iyer, PIL relaxed the locus standi rule. Landmark PILs: Bandhua Mukti Morcha (bonded labour), Vishaka, M.C. Mehta (environment), Hussainara Khatoon (undertrials). PIL is both celebrated (access to justice) and criticised (overreach, frivolous petitions).

Latest developments (2024-26)

Updated context: The Supreme Court continues to occupy a central place in Indian constitutional life; recent cases have reignited debates on judicial overreach, collegium transparency, and caseload.

• Electoral Bonds verdict (15 February 2024) — a 5-judge Constitution Bench unanimously struck down the scheme as violating the right to information under Article 19(1)(a); directed SBI to disclose donor data.
• Tamil Nadu Governor v. State (2025) — the Court invoked Article 142 to "deem" bills assented that the Governor had withheld; sparked debates on judicial overreach.
• Article 370 reference (Supreme Court, 2023; review proceedings 2024-25) — upheld the abrogation with constitutional guidance on statehood restoration.
• Same-sex marriage reference (Supriyo, 2023; follow-up 2024) — denied marriage equality; Constitution Bench held the matter for Parliament.
• Collegium transparency — the CJI-led collegium has started publishing resolutions with reasoning online since 2022; a private members' bill for a statutory commission remains pending.
• Judge strength and pendency — SC has over 80,000 pending cases as of late 2024; sanctioned strength is 34.
• Supreme Court Vacation Bench, National Judicial Data Grid integration, and e-courts phase-III continue under Chief Justice-led initiatives.

Issues and reform

• Pendency — chronic backlog at SC and HC levels.
• Judicial appointments — collegium opacity vs. NJAC concerns; a balanced middle path remains elusive.
• Overreach debates — Article 142's expansive use; PIL admissions.
• Regional benches — Law Commission recommendations to set up regional benches of the SC remain unimplemented; V. Vasanthakumar v. H.C. Bhatia (2016) referred the question to a Constitution Bench.
• Master of the Roster controversy — internal concerns about bench allocation.

UPSC Relevance

GS-II mapping: Structure, organisation and functioning of the Executive and Judiciary; Appointment to Constitutional posts; Important aspects of governance.

Prelims pointers:

• SC established on 28 January 1950.
• Sanctioned strength: 34 (1 CJI + 33) post-2019 amendment.
• Article 32 = heart and soul of the Constitution (Ambedkar).
• Article 141 — law declared by SC binding on all courts.
• Article 142 — complete justice.
• Article 143 — advisory jurisdiction.
• Second Judges Case (1993) and Third Judges Case (1998) institutionalised the collegium.
• NJAC struck down in 2015.
• Electoral Bonds struck down (15 Feb 2024).

Mains angles:

• "The Supreme Court of India has been both a guardian of the Constitution and a participant in constitutional politics." Discuss with reference to recent verdicts.
• Critically examine the collegium system for appointing judges. Is a reformed NJAC the way forward?

Related: Judicial Activism, Public Interest Litigation, Basic Structure Doctrine.

PDF