1. Establishment of Supreme Court

The Supreme Court of India is established under Article 124 of the Constitution. It is the apex court of India — the highest court in the land. The Supreme Court is located in New Delhi.

2. Composition

The Supreme Court consists of:

• The Chief Justice of India (CJI)
• Not more than 33 other judges
• Total: 34 judges (CJI + 33)

3. Qualifications

To be appointed as a judge of the Supreme Court, a person must be:

• A citizen of India
• A judge of a High Court (or two or more High Courts in succession) for at least 5 years, OR
• An advocate of a High Court (or two or more High Courts in succession) for at least 10 years, OR
• A distinguished jurist in the opinion of the President

4. Appointment — Collegium System

SC judges are appointed by the President. The appointment process has evolved through judicial interpretation:

First Judges Case (1981)

The Supreme Court held that the President has the final say in appointment of judges — the CJI’s opinion is not binding.

Second Judges Case (1993)

The Supreme Court reversed the First Judges Case and held that the CJI’s opinion is binding. The collegium system was established — the CJI consults the 2 senior-most judges of the SC.

Third Judges Case (1998)

The collegium was expanded — the CJI must consult the 4 senior-most judges of the SC (total collegium of 5 including CJI).

5. Tenure and Removal

• SC judges hold office until the age of 65 years
• They can resign by writing to the President
• They can be removed by impeachment — an address by each House of Parliament supported by a majority of total membership AND 2/3 of members present and voting
• No SC judge has been removed by impeachment in India
• A retired SC judge cannot practice in any court in India (Article 124(7))

6. Independence of Judiciary

The Constitution provides several safeguards for judicial independence:

• Security of tenure: Judges hold office until 65 years; difficult removal process
• Fixed salaries: Charged to Consolidated Fund of India — not subject to vote in Parliament
• No practice after retirement: Retired SC judges cannot practice in any court
• Power to punish for contempt: Protects judicial authority
• Separation from executive: Article 50 (DPSP) directs separation of judiciary from executive
• Collegium system: Judges appoint judges — executive has limited role

7. Key Points for Exam