C.2. Supreme Court of India: Historical Background & Constitutional Provisions

UPSC Sample Notes [English]

i. Supreme Court – Historical Background

The Regulating Act of 1773 marked the beginning of judicial reforms in India. It established a Supreme Court in Calcutta, primarily to oversee the administration of justice in the Bengal Presidency.
The India High Courts Act of 1861 established High Courts in different provinces and eliminated the Supreme Courts in Calcutta, Madras, and Bombay, as well as the Sadar Adalats in Presidency towns.
Federal Court of India was established in India in 1937 under the provisions of the Government of India Act 1935, with original, appellate and advisory jurisdiction.
Supreme Court of India succeeded the Federal Court under the Government of India Act 1935.
After its inauguration on January 28, 1950, the Supreme Court commenced its sittings in a part of the Parliament House. The Court moved into the present building in 1958.

ii. Supreme Court – Constitutional Provisions

Article 124	Establishes the Supreme Court of India consisting of a Chief Justice of India (CJI) and other judges appointed by the President.
Article 125	Determines the salaries of Supreme Court judges, including the CJI, to be charged on the Consolidated Fund of India.
Article 126	Empower the President to appoint the most senior judge of the Supreme Court as acting Chief Justice in the CJI’s absence.
Article 127	Allows the CJI to appoint qualified persons as ad hoc judges in case of vacancies or lack of quorum.
Article 128	Permits the CJI to request retired judges to sit and act as judges of the Supreme Court.
Article 129	Declares the Supreme Court a court of record and empowers it to punish for contempt of itself.
Article 130	States that the Supreme Court shall sit in Delhi or other places appointed by the CJI with the President’s approval.
Article 131	Grants the Supreme Court original jurisdiction in disputes between the Government of India and one or more States, or between States.
Article 132	Deals with Appellate Jurisdiction of the Supreme Court in appeals from high courts in certain cases.
Article 133	Deals with Appellate Jurisdiction of the Supreme Court from High Court in Civil Cases.
Article 134	Deals with Appellate Jurisdiction of the Supreme Court from High Court in Criminal Cases.
Article 135	Jurisdiction and powers of the federal court under existing laws to be exercisable by the Supreme Court.
Article 136	Jurisdiction of Supreme Court to entertain by special leave to appeal.
Article 137	Review of judgments or orders by the Supreme Court
Article 138	Enlargement of the jurisdiction of the Supreme Court.
Article 139	Conferment on the Supreme Court of powers to issue certain writs.
Article 140	Deals with the Ancillary powers of the Supreme Court.
Article 141	Law declared by the Supreme Court shall be binding on all courts within the territory of India.
Article 142	Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
Article 143	Power of President to consult the Supreme Court.
Article 144	Civil and judicial authorities to act in aid of the Supreme Court
Article 145	Rules of Court.
Article 146	Officers and servants and the expenses of the Supreme Court.
Article 147	Provision for the interpretation of the Constitution

iii. Composition and Appointment

The Supreme Court consists of 34 judges (one chief justice and thirty-three other judges). In 2019, the centre notified an increase in the number of Supreme Court judges from 31 to 34, including the Chief Justice of India as per the Supreme Court ( number of Judges) Amendment Act, 2019.
The judges of the Supreme Court are appointed by the president. The chief justice is appointed by the President after consultation with such judges of the Supreme Court and the high courts as deems necessary.
The consultation with the chief justice is obligatory in the case of the appointment of a judge other than the Chief Justice.