Supreme Court of India: Jurisdiction, Powers, Functions, Constitutional Articles & Landmark Judgments (2026 Guide) -

Supreme Court of India: Jurisdiction, Powers, Functions, Constitutional Articles & Landmark Judgments (2026 Guide)

Reviewed by Lawsection.in Editorial Team | July 17, 2026

The Supreme Court of India is the apex judicial authority established under Article 124 of the Constitution of India. It safeguards the Constitution, protects Fundamental Rights, settles disputes between the Union and States, interprets constitutional provisions, exercises judicial review, and serves as the final court of appeal. Its major jurisdictions include Original, Writ, Appellate, Advisory, Review and Curative Jurisdiction, while its constitutional powers extend to judicial review, complete justice under Article 142, and contempt jurisdiction.

Introduction to the Supreme Court of India

Whether you are preparing for the Judiciary Examination, CLAT PG, AIBE, UGC NET Law, UPSC, State PCS, or law school examinations, understanding the Supreme Court is essential. Questions relating to its jurisdiction, constitutional powers, important Articles, landmark judgments, and role in Indian democracy appear repeatedly in competitive examinations and legal practice.

This comprehensive guide explains every important aspect of the Supreme Court in a simple, structured, and examination-oriented manner while remaining equally valuable for legal professionals, researchers, and anyone interested in India’s constitutional framework.

Why is the Supreme Court of India Called the Guardian of the Constitution?

The Supreme Court is called the Guardian of the Constitution because it ensures that every law, executive action, and constitutional amendment complies with the Constitution of India. Whenever Parliament, State Legislatures, or executive authorities exceed their constitutional limits, the Supreme Court has the authority to review and invalidate such actions through the doctrine of Judicial Review.

The Court also safeguards Fundamental Rights guaranteed under Part III of the Constitution and acts as the final constitutional authority in resolving disputes between different organs of the government.

Its constitutional role includes:

Protecting Fundamental Rights
Preserving constitutional supremacy
Maintaining federal balance
Ensuring rule of law
Interpreting constitutional provisions
Protecting judicial independence
Acting as the final court of appeal

For these reasons, the Supreme Court occupies a unique position in India’s constitutional democracy.

Constitutional Basis of the Supreme Court

The Supreme Court derives its authority from Part V, Chapter IV (Articles 124–147) of the Constitution of India.

These provisions collectively regulate:

Establishment of the Supreme Court
Composition of the Court
Appointment of judges
Qualifications of judges
Jurisdiction and powers
Administrative functions
Court procedures
Independence of the judiciary

Unlike ordinary courts established through legislation, the Supreme Court is a constitutional institution whose existence and authority flow directly from the Constitution itself.

Constitutional Articles You Must Memorize

Article	Subject
124	Establishment and constitution of Supreme Court
129	Court of Record
130	Seat of Supreme Court
131	Original jurisdiction
132	Constitutional appeals
133	Civil appeals
134	Criminal appeals
136	Special Leave Petition
137	Review jurisdiction
138	Enlargement of jurisdiction
139	Additional writ powers
141	Law declared by Supreme Court binding on all courts
142	Complete justice
143	Advisory jurisdiction
144	Civil and judicial authorities to act in aid
145	Rules of Court
146	Officers and servants

Historical Evolution of the Supreme Court of India

The present Supreme Court did not exist before the Constitution came into force. India’s judicial system has evolved over several centuries through colonial and constitutional developments.

1. Federal Court of India (1937)

The Government of India Act, 1935 established the Federal Court in 1937. It resolved disputes between provinces and interpreted constitutional provisions under the Act.

However, appeals from the Federal Court could still be taken to the Judicial Committee of the Privy Council in London, making it not the final judicial authority.

2. Establishment of the Supreme Court (1950)

After India became a Republic on 26 January 1950, the Constitution abolished the Federal Court and created the Supreme Court of India under Article 124.

The Supreme Court became the highest constitutional court with final authority over constitutional interpretation and judicial review.

The inaugural sitting of the Supreme Court was held on 28 January 1950.

Since then, the Court has played a central role in shaping India’s constitutional democracy through landmark judgments on Fundamental Rights, federalism, judicial independence, electoral reforms, privacy, and constitutional amendments.

Position of the Supreme Court in India’s Judicial System

India follows an integrated judicial system, unlike some federal countries where separate federal and state court systems exist.

The hierarchy of courts is:

Supreme Court of India
High Courts
District Courts
Subordinate Courts

Under Article 141, the law declared by the Supreme Court is binding on all courts within India, ensuring uniform interpretation and application of law throughout the country.

This principle promotes legal certainty, consistency, and equality before the law.

Composition of the Supreme Court

The Supreme Court consists of the Chief Justice of India (CJI) and such number of other judges as Parliament may prescribe by law. Over time, Parliament has increased the sanctioned strength of judges to address the growing pendency of cases. As of July 2026, the sanctioned strength remains 34 judges, including the Chief Justice of India.

The Court functions through Division Benches, larger Constitutional Benches, and occasionally larger benches for matters involving substantial questions of constitutional interpretation or reconsideration of earlier decisions. Constitution Benches comprising at least five judges hear cases involving significant constitutional issues under Article 145(3).

Appointment of Supreme Court Judges

Judges of the Supreme Court are appointed by the President of India under Article 124.

In practice, appointments are made through the Collegium System, which has evolved through judicial decisions known as the Three Judges Cases.

The Collegium generally consists of:

Chief Justice of India
Four senior-most judges of the Supreme Court

The Collegium recommends appointments and transfers of judges, while the President formally appoints them after following the constitutional process. Although the Constitution originally envisaged consultation between the President and judges, the Collegium System has become the established mechanism to preserve judicial independence and reduce executive influence in judicial appointments.

Qualifications, Tenure and Removal of Supreme Court Judges

The Constitution prescribes specific qualifications for appointment as a Judge of the Supreme Court under Article 124(3). These requirements ensure that only individuals with significant legal knowledge and judicial experience occupy the highest constitutional office.

Qualifications of a Supreme Court Judge

A person is eligible for appointment as a Judge of the Supreme Court if he or she:

Is a citizen of India.
Has served as a Judge of one or more High Courts for at least five years, continuously or otherwise.
Has practiced as an Advocate of one or more High Courts for at least ten years.
Is, in the opinion of the President, a distinguished jurist.

Although the Constitution recognizes the appointment of a distinguished jurist, no person has been appointed to the Supreme Court under this category so far

Oath of Office

Before assuming office, every Judge of the Supreme Court takes an oath before the President of India or a person appointed by the President.

The oath requires the judge to:

Uphold the Constitution of India.
Protect the sovereignty and integrity of India.
Perform duties without fear or favour, affection or ill will.
Faithfully discharge judicial responsibilities.

The oath reflects the constitutional expectation that judges remain completely impartial and independent while deciding disputes.

Tenure and Retirement

Unlike elected representatives, Supreme Court Judges do not serve for a fixed number of years.

A Judge of the Supreme Court continues in office until attaining the age of 65 years, unless:

the judge resigns voluntarily by addressing a resignation to the President of India; or
the judge is removed through the constitutional process of impeachment.

The retirement age of Supreme Court Judges is higher than that of High Court Judges, who retire at the age of 62 years.

Removal of Supreme Court Judges (Impeachment)

Judicial independence requires that judges cannot be removed arbitrarily.

Accordingly, Article 124(4) provides that a Judge of the Supreme Court may be removed only on the grounds of:

Proved misbehaviour; or
Incapacity.

The removal process involves several constitutional safeguards.

Removal Procedure

A motion for removal is introduced in either House of Parliament.
The motion must satisfy the minimum signature requirement prescribed by law.
An inquiry committee investigates the allegations.
If the committee finds the charges proved, each House of Parliament must pass the motion separately.
The motion must be passed by:
- a majority of the total membership of the House; and
- a two-thirds majority of members present and voting.
After Parliament passes the motion, the President issues the order removing the judge.

This rigorous process ensures that judicial independence is protected from political pressure.

Independence of the Supreme Court

An independent judiciary is one of the fundamental features of the Indian Constitution and has been recognised as part of the Basic Structure Doctrine.

Judicial independence enables judges to decide cases impartially without interference from the Legislature, Executive or private interests.

Constitutional Safeguards Ensuring Judicial Independence

1. Security of Tenure

Judges cannot be removed except through the constitutional process of impeachment.

2. Fixed Salaries

The salaries, pensions and service conditions of Supreme Court Judges are protected by law and are generally not subject to executive discretion in a manner that compromises judicial independence.

3. Independent Appointment Process

Appointments are made through the constitutional process, with the Collegium System playing a central role in judicial recommendations.

4. Security of Service Conditions

The service conditions of judges cannot be altered to their disadvantage after appointment, except as constitutionally permissible.

5. Power to Punish for Contempt

As a Court of Record under Article 129, the Supreme Court can punish for contempt to protect the authority and dignity of the judiciary.

6. Financial Independence

Administrative expenses of the Supreme Court are charged upon the Consolidated Fund of India, reducing dependence on annual legislative approval.

These constitutional safeguards collectively preserve public confidence in the administration of justice.

Jurisdiction of the Supreme Court of India

What is Jurisdiction?

Jurisdiction refers to the legal authority of a court to hear, decide and adjudicate disputes.

The Supreme Court exercises multiple jurisdictions under different constitutional provisions, making it one of the most powerful constitutional courts in the world.

Its principal jurisdictions include:

Original Jurisdiction
Writ Jurisdiction
Appellate Jurisdiction
Advisory Jurisdiction
Review Jurisdiction
Curative Jurisdiction

Each serves a distinct constitutional purpose.

1. Original Jurisdiction (Article 131)

Original jurisdiction means that certain disputes can be filed directly before the Supreme Court without first approaching any lower court.

Article 131 confers exclusive original jurisdiction upon the Supreme Court in disputes involving the federal structure.

Cases Covered

The Court hears disputes between:

Union Government and one or more States.
Union Government and one or more States on one side versus one or more States on the other.
Two or more States.

However, the dispute must involve an enforceable legal right.

Political disagreements alone do not attract Article 131.

Examples

Original jurisdiction commonly applies to disputes concerning:

Constitutional powers.
Taxation issues between governments.
Administrative authority.
Legislative competence.
Federal conflicts.

Article 131 generally does not apply to:

Exceptions

Purely political disputes.
Certain pre-Constitution agreements.
Inter-State River Water Disputes governed under Article 262 and relevant legislation.

2. Writ Jurisdiction (Article 32)

Article 32 empowers the Supreme Court to enforce Fundamental Rights.

Dr. B.R. Ambedkar famously described Article 32 as the “Heart and Soul of the Constitution.”

Whenever a person’s Fundamental Rights are violated, they may directly approach the Supreme Court.

Five Constitutional Writs

A. Habeas Corpus

Meaning: “Produce the body.”

Purpose:

Protects individuals from unlawful or illegal detention.

B. Mandamus

Meaning: “We command.”

Purpose:

Directs a public authority to perform a statutory or public duty that it has failed to perform.

C. Prohibition

Meaning: “To forbid.”

Purpose:

Issued to prevent subordinate courts or tribunals from acting beyond their jurisdiction.

D. Certiorari

Meaning: “To be informed.”

Purpose:

Quashes orders passed without jurisdiction or in violation of law.

E. Quo Warranto

Meaning: “By what authority?”

Purpose:

Challenges the unlawful occupation of a public office.

Supreme Court vs High Court Writ Jurisdiction

Basis	Supreme Court	High Court
Constitutional Article	Article 32	Article 226
Scope	Fundamental Rights only	Fundamental Rights and other legal rights
Nature	Guaranteed constitutional remedy	Wider discretionary jurisdiction

Exam Tip: Article 226 is wider than Article 32, even though Article 32 itself is a Fundamental Right.

3. Appellate Jurisdiction

The Supreme Court is India’s highest appellate court and hears appeals from judgments of High Courts and, in certain cases, tribunals.

Its appellate jurisdiction is divided into four major categories.

A. Constitutional Appeals (Article 132)

An appeal lies to the Supreme Court when:

the case involves a substantial question relating to the interpretation of the Constitution; and
the High Court certifies that the matter deserves consideration by the Supreme Court.

B. Civil Appeals (Article 133)

Civil appeals are maintainable where the High Court certifies that:

the case involves a substantial question of law of general importance; and
the question requires determination by the Supreme Court.

C. Criminal Appeals (Article 134)

Criminal appeals may lie where:

the High Court reverses an acquittal and imposes a death sentence;
the High Court withdraws a case for trial and awards a death sentence; or
the High Court certifies the case for appeal.

D. Special Leave Petition (SLP) – Article 136

Article 136 confers one of the widest discretionary appellate powers upon the Supreme Court.

The Court may grant special leave to appeal against judgments or orders passed by:

Courts.
Tribunals.

The power is extraordinary and exercised sparingly in cases involving substantial injustice or significant legal questions.

Exception: Article 136 generally does not extend to decisions of courts or tribunals constituted under laws relating to the Armed Forces.

4. Advisory Jurisdiction (Article 143)

Under Article 143, the President of India may refer questions of law or matters of public importance to the Supreme Court for its advisory opinion. The Court examines the issue and may provide its opinion to assist the President.

Generally, such opinions are advisory rather than binding, although they carry considerable constitutional weight.

Important Examples

In re Berubari Union (1960) – Concerning the transfer of territory to Pakistan.
Special Reference No. 1 of 1993 (Ayodhya Reference) – The Court declined to answer the reference in the circumstances of that case.

5. Review Jurisdiction (Article 137)

The Supreme Court has the power to review its own judgments.

A review petition may be entertained where there is:

an error apparent on the face of the record;
discovery of new and important evidence; or
another sufficient reason recognised in law.

Review jurisdiction is exercised sparingly to maintain the finality of judicial decisions while correcting manifest errors.

6. Curative Jurisdiction

Curative Jurisdiction is a judicial innovation evolved by the Supreme Court to prevent a gross miscarriage of justice.

It was recognised in Rupa Ashok Hurra v. Ashok Hurra (2002). A curative petition is maintainable only after the dismissal of a review petition and only in exceptional circumstances.

Because it is an extraordinary remedy, the Court entertains curative petitions very rarely.

Major Powers of the Supreme Court of India

Apart from exercising various jurisdictions, the Supreme Court enjoys several constitutional powers that enable it to uphold the rule of law, maintain constitutional supremacy, and protect citizens’ rights. These powers distinguish the Court as one of the strongest constitutional courts in the world.

1. Power of Judicial Review

Judicial Review is the power of the Supreme Court to examine whether laws enacted by Parliament or State Legislatures, as well as executive actions, comply with the Constitution. If a law or action violates constitutional provisions, the Court may declare it unconstitutional and void.

Although the Constitution does not define Judicial Review in a single Article, the power flows from Articles 13, 32, 131–136, 141 and 142, along with the Court’s role as the final interpreter of the Constitution.

Judicial Review enables the Supreme Court to:

Strike down unconstitutional laws.
Invalidate arbitrary executive actions.
Protect Fundamental Rights.
Preserve the Basic Structure of the Constitution.
Maintain constitutional supremacy.

This power has played a decisive role in protecting democracy, federalism, judicial independence, secularism, and the rule of law.

2. Power to Do Complete Justice (Article 142)

Article 142 empowers the Supreme Court to pass any decree or order necessary for doing “complete justice” in any matter before it. This extraordinary constitutional power allows the Court to fill legal gaps where existing laws are inadequate to achieve justice.

Article 142 has been invoked in several important situations, including:

Protecting constitutional morality.
Issuing guidelines where legislation was absent.
Resolving complex disputes.
Ensuring effective enforcement of judgments.

However, the Court has consistently held that Article 142 cannot be exercised contrary to an express statutory provision or the Constitution.

3. Supreme Court as a Court of Record (Article 129)

Under Article 129, the Supreme Court is a Court of Record.

This status has two important consequences:

Its judgments and proceedings are permanently recorded and possess evidentiary value.
The Court has the power to punish for civil contempt and criminal contempt to protect the administration of justice and uphold the dignity of the judiciary.

4. Binding Nature of Supreme Court Judgments (Article 141)

Article 141 provides that the law declared by the Supreme Court is binding on all courts within the territory of India.

This doctrine of precedent ensures:

Uniform interpretation of laws.
Consistency in judicial decisions.
Legal certainty across the country.

High Courts and subordinate courts are required to follow the legal principles laid down by the Supreme Court unless they are subsequently modified by a larger Bench or by constitutional amendment, where permissible.

5. Administrative Powers

In addition to judicial functions, the Supreme Court exercises important administrative powers. These include:

Framing Rules of Court under Article 145.
Constituting different Benches.
Managing case allocation.
Supervising internal administration.
Regulating court procedures.
Appointing officers and staff under Article 146.

These powers ensure the efficient functioning of India’s highest court.

Functions of the Supreme Court

1. Constitutional Function

Protects constitutional supremacy.

2. Rights Protection Function

Protects Fundamental Rights.

3. Federal Function

Maintains Centre-State balance.

4. Judicial Function

Acts as final appellate authority.

5. Democratic Function

Checks abuse of governmental power.

6. Governance Function

Guides constitutional institutions.

Landmark Judgments Every Law Student Must Know (Updated 2026)

Kesavananda Bharati v. State of Kerala (1973): Established the Basic Structure Doctrine and limited Parliament’s amending power under Article 368.
Maneka Gandhi v. Union of India (1978): Expanded Article 21 by holding that laws affecting life and personal liberty must be fair, just and reasonable.
Minerva Mills v. Union of India (1980): Reaffirmed the Basic Structure Doctrine and balanced Fundamental Rights and Directive Principles.
S.R. Bommai v. Union of India (1994): Strengthened federalism and made the imposition of President’s Rule under Article 356 subject to judicial review.
I.R. Coelho v. State of Tamil Nadu (2007): Held that Ninth Schedule laws are subject to Basic Structure review.
Justice K.S. Puttaswamy v. Union of India (2017): Recognised Right to Privacy as a Fundamental Right under Article 21.
Shayara Bano v. Union of India (2017): Declared instant Triple Talaq (Talaq-e-Biddat) unconstitutional.
Navtej Singh Johar v. Union of India (2018): Decriminalised consensual same-sex relations.
Government of NCT of Delhi v. Union of India (2023): Clarified administrative powers between Delhi Government and the Union.
Association for Democratic Reforms v. Union of India (2024): Struck down the Electoral Bonds Scheme as unconstitutional.

Judiciary Exam & CLAT PG Memory Trick

To quickly remember the major jurisdictions of the Supreme Court, use the mnemonic:

OWARC

O – Original Jurisdiction

W – Writ Jurisdiction

A – Appellate Jurisdiction

R – Review Jurisdiction

C – Curative Jurisdiction

Authoritative Sources & References

Supreme Court of India Official Website: https://www.sci.gov.in/
India Code (Official Laws Database): https://www.indiacode.nic.in/
Constitution of India (Official PDF): https://legislative.gov.in/constitution-of-india/
Department of Justice: https://doj.gov.in/
eCourts Services: https://ecourts.gov.in/

Conclusion

The Supreme Court of India is not merely another court; it is the constitutional guardian that protects democracy, federalism, separation of powers, Fundamental Rights and the rule of law.

Understanding its jurisdictions, powers and functions is indispensable for:

Law students
Young legal professionals
Judiciary aspirants
CLAT PG aspirants
AIBE candidates
UGC NET Law candidates

Mastering this chapter automatically strengthens multiple Constitutional Law topics simultaneously.

Article Authority

Author: Dinesh Kumar — Lawyer | Legal Compliance Reviewer | Founder, Lawsection.in
Law graduate (Panjab University) and AIBE qualifier; ensures statutory and regulatory accuracy across Lawsection.in content.

Academic Review: Rajni Bala — Assistant Professor of Law | Academic Reviewer, Lawsection.in
UGC NET qualified (twice) and AIBE qualifier; reviews exam and regulatory content for academic and legal consistency.

Last Updated: July 2026

This content is for informational purposes and does not constitute legal advice.