GS-II · Polity · The Judiciary

The Supreme Court — guardian of the Constitution.

An integrated judiciary with the Supreme Court at its apex — the final interpreter of the Constitution and the ultimate protector of Fundamental Rights. This is the whole institution: its four jurisdictions, the Article 32-vs-226 writ distinction, the collegium fight, and how PIL turned the Court into an instrument of social change.

The direct answer

The Supreme Court (Art 124) is the apex court and the guardian of the Constitution. It has original, appellate, advisory and writ jurisdiction, is a court of record (Art 129), and its core weapon is judicial review. Its law is binding on all courts (Art 141), and the right to approach it under Art 32 is itself a Fundamental Right.

Article 124

Composition & independence.

StrengthThe Chief Justice of India + up to 33 other judges — a sanctioned strength of 34 (raised in 2019).
AppointmentAppointed by the President through the collegium. A judge must have been a High Court judge (5 years), an advocate (10 years), or a distinguished jurist.
TenureJudges hold office until 65 years of age. Removed only by impeachment (Art 124(4)) for proved misbehaviour or incapacity, by special majority of both Houses.
IndependenceSecured by security of tenure, fixed service conditions, salaries charged on the Consolidated Fund, a ban on practice after retirement, and contempt powers.
The reach of the Court

Four jurisdictions.

Know which article powers each — a common Prelims match-up.

Original

Art 131 & 32

Exclusive power over disputes between the Centre and states, or among states (Art 131); and writ petitions for Fundamental Rights (Art 32).

Appellate

Art 132–136

Appeals in constitutional, civil and criminal matters, plus the sweeping Special Leave Petition (Art 136) against any judgment of any court or tribunal.

Advisory

Art 143

The President can refer a question of law or public importance for the Court's opinion — which is advisory, not binding.

Court of Record

Art 129

Its judgments are recorded as precedents and evidence, and it can punish for contempt of itself.

The writ distinction UPSC tests

Article 32 vs Article 226.

Both issue writs — but their scope and nature differ sharply.

AspectArticle 32 — Supreme CourtArticle 226 — High Courts
PurposeOnly to enforce Fundamental RightsFundamental Rights AND any other legal right
NatureA Fundamental Right itself — cannot be refusedA discretionary constitutional power — not a guaranteed right
ScopeNarrower (FRs only)Wider (FRs + other rights)
SuspensionCan be suspended during a National Emergency (except Arts 20 & 21)Not automatically suspended
The five writs — issued by both

Habeas Corpus (produce the body), Mandamus (command a public duty), Prohibition (stop a lower court exceeding jurisdiction), Certiorari (quash an order), and Quo Warranto (by what authority do you hold this office).

The Court's ultimate power

Judicial review & PIL.

Judicial review — part of the basic structure

The power to test the constitutionality of laws and executive action, and to strike down what violates the Constitution. It flows from Articles 13, 32 and 226, and was declared part of the basic structure in Kesavananda Bharati (1973) and Minerva Mills (1980) — which is why even the NJAC could not remove it.

PIL1980s onwardPublic Interest Litigation relaxed locus standi — any public-spirited person can approach the Court for those unable to. Pioneered by Justices P.N. Bhagwati and V.R. Krishna Iyer.
Epistolary jurisdictionAccess to justiceThe Court can treat even a letter or postcard as a writ petition — widening access for the poor and marginalised.
Judicial activismThe debateAn assertive judiciary filling governance gaps — praised as protecting rights, criticised as "judicial overreach" into executive turf.
Who appoints judges

The collegium — and the NJAC that failed.

First Judges Case (1981)Gave the executive primacy in judicial appointments — the word "consultation" with the CJI did not mean "concurrence".
Second Judges Case (1993)Reversed it — "consultation" means "concurrence"; the collegium system was born, giving the judiciary primacy.
Third Judges Case (1998)Expanded the collegium to the CJI plus the four senior-most judges of the Supreme Court.
NJAC struck down (2015)The Supreme Court struck down the 99th Amendment and the National Judicial Appointments Commission Act as violating the independence of the judiciary — a basic feature.
Current affairs · the Court in the news

Recent from the Supreme Court.

2025Speaker as tribunalIn the anti-defection matter (Padi Kaushik Reddy), the Court held the Speaker acts as a tribunal under the Tenth Schedule and must decide disqualification petitions within a reasonable time.
2025Governor & President assentThe Presidential Reference clarified the Articles 200–201 timeline debate — courts cannot set rigid deadlines, but "reasonable time" and reviewable inaction stand.
OngoingCollegium vs governmentThe tussle over the Memorandum of Procedure and delayed appointments keeps judicial independence a live Mains theme.
AccessDigital courtsLive-streaming of Constitution-Bench hearings, e-filing and virtual courts are reshaping access to justice.

Every landmark judgment lands mapped to this topic on the daily current-affairs feed.

Prelims · test yourself

Practice the exact trap-style.

Which statement correctly distinguishes Article 32 from Article 226?
  • A. Article 32 is wider than Article 226
  • B. Article 226 can be invoked only for Fundamental Rights
  • C. Article 32 is a Fundamental Right; Article 226 is a discretionary High Court power
  • D. Both can be suspended during any emergency
Answer: C

Article 32 (Supreme Court) is itself a Fundamental Right and only for FRs; Article 226 (High Courts) is wider — for FRs and other legal rights — but discretionary.

The advisory opinion given by the Supreme Court under Article 143 is:
  • A. Binding on the President
  • B. Binding on all courts
  • C. Advisory and not binding on the President
  • D. Subject to ratification by Parliament
Answer: C

An Article 143 opinion is advisory only — it does not bind the President, and the Court may even decline to answer certain references.

The collegium system of judicial appointments:
  • A. Is expressly provided in Article 124
  • B. Evolved through judicial interpretation and is not in the Constitution
  • C. Was created by the 99th Amendment
  • D. Gives the executive final say
Answer: B

The collegium is a product of the Three Judges Cases, not the text of the Constitution. The 99th Amendment tried to replace it with the NJAC, which was struck down in 2015.

RelatedFundamental RightsThe rights the Court enforces through Article 32 and the five writs. RelatedAmendment & Basic StructureJudicial review as a basic feature — the doctrine that saved the collegium. ExploreAll Polity notesAll the polity notes — every core Constitution topic in one place.
Questions

The Supreme Court, answered straight.

Why did Ambedkar call Article 32 the "heart and soul"?

Because a right without a remedy is meaningless. Article 32 guarantees the right to move the Supreme Court directly to enforce Fundamental Rights, making the rights genuinely enforceable rather than merely declared.

What is a Special Leave Petition (SLP)?

Under Article 136, the Supreme Court can grant special leave to appeal against any judgment or order of any court or tribunal (except military tribunals). It is a discretionary, extraordinary power.

Can a retired Supreme Court judge practise law?

No. A retired judge of the Supreme Court is barred from pleading or acting before any court or authority in India — a safeguard for judicial independence.

Is judicial review expressly mentioned in the Constitution?

The term is not used, but the power flows from Articles 13, 32, 131–136, 143, 226 and 246. The Supreme Court has held it to be part of the basic structure.

What was the NJAC?

National Judicial Appointments Commission (99th Amendment, 2014) — collegium ki jagah lene ke liye banaya gaya tha, par 2015 me SC ne ise judicial independence ke khilaf maan ke rad kar diya.

The final word
on the Constitution.

Static jurisdiction + har landmark verdict — ek system me mapped.

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