How the Supreme Court of India Works (Educational) | LitigationLawyer.in

The Supreme Court of India is the country’s highest court — the final court of appeal and the guardian of the Constitution. This guide explains how it is composed, what jurisdiction it exercises, and how a matter reaches it, as general educational background. It is not legal advice.

Constitutional foundation

The Supreme Court is established under Part V, Chapter IV of the Constitution of India (Articles 124 to 147). It began functioning in 1950, succeeding the Federal Court of India, and sits in New Delhi. Its judgments bind all other courts in India under Article 141.

Composition and appointment

The Court is headed by the Chief Justice of India and includes a number of other judges; the sanctioned strength has been raised over the years by Parliament (it currently stands at 34 judges including the Chief Justice). Judges are appointed by the President, and appointments and elevations are made through the “collegium” system that has developed through the Court’s own judgments. Judges hold office until the age of 65.

How the Court sits: benches

The Supreme Court usually sits in benches rather than as a full court. A Division Bench of two or three judges hears most matters. Cases involving a substantial question of law as to the interpretation of the Constitution are heard by a Constitution Bench of five or more judges (Article 145(3)); particularly significant questions may go to a seven- or nine-judge bench, or larger. Larger benches can reconsider and overrule the decisions of smaller ones, which is why bench strength matters when reading a judgment.

The Court’s jurisdiction

The Supreme Court exercises several kinds of jurisdiction:

• Original jurisdiction (Article 131) — disputes between the Union and states, or between states.
• Writ jurisdiction (Article 32) — the enforcement of fundamental rights, which Dr B. R. Ambedkar called the “heart and soul” of the Constitution.
• Appellate jurisdiction (Articles 132–134) — appeals from High Courts in constitutional, civil, and criminal matters.
• Special leave (Article 136) — the discretionary power to grant special leave to appeal from almost any court or tribunal, the route by which a very large share of matters reaches the Court.
• Advisory jurisdiction (Article 143) — the President may refer questions of law or fact for the Court’s opinion.

Public Interest Litigation

From the late 1970s, the Court relaxed the traditional rule that only an aggrieved person can approach it, allowing Public Interest Litigation (PIL) — petitions brought in the public interest, sometimes on the basis of a letter or a news report. PIL has become a major feature of the Court’s constitutional work. See our PIL coverage.

How a matter reaches the Court

Most cases arrive as appeals from High Courts, very often through a Special Leave Petition under Article 136. Fundamental-rights matters can be filed directly under Article 32. Once admitted, a matter is listed before an appropriate bench, heard, and decided by a reasoned judgment, which is then reported and becomes precedent.

Reading a Supreme Court judgment

When following the Court’s work, three things matter: the bench (how many judges, and who), the ratio decidendi (the binding legal reasoning, as distinct from passing observations or obiter dicta), and the citation and date. Our judgment coverage leads with a Case Facts box capturing exactly these details. Follow our Supreme Court coverage for current matters.

Remember: this is general educational information, not legal advice. For a specific legal question, consult a qualified advocate.

The collegium and judicial independence

Judges of the Supreme Court and High Courts are appointed through the “collegium” system, under which a group of senior judges, headed by the Chief Justice of India, recommends candidates for appointment and elevation. The system evolved through the Court’s own decisions and is central to debates about judicial independence and accountability. Judicial independence — security of tenure, protected conditions of service, and insulation from executive pressure — is treated as an essential feature of the constitutional scheme.

The Court’s constitutional role

Beyond deciding appeals, the Supreme Court is the ultimate interpreter of the Constitution and the protector of fundamental rights. Through judicial review, it can test legislation and executive action against constitutional limits and strike down what is unconstitutional. Its Constitution Benches settle the most significant questions of constitutional interpretation, and their decisions shape the legal landscape for decades.

How to follow the Court’s work

Judgments, orders, cause lists, and case status are published on the Supreme Court’s official website, and significant judgments are reported in law reports and covered by legal publications. When following a judgment, note the bench strength, the date, the citation, and — most importantly — the ratio decidendi, the binding legal principle, as distinct from passing observations. Our Supreme Court coverage is built around exactly these details.

Frequently asked questions

How many judges are there in the Supreme Court of India?

The sanctioned strength is 34 judges, including the Chief Justice of India. This number is fixed by Parliament and has been increased over time.

What is a Constitution Bench?

A bench of five or more judges that hears cases involving a substantial question of law as to the interpretation of the Constitution, under Article 145(3).

What is a Special Leave Petition?

Under Article 136, the Supreme Court has discretion to grant special leave to appeal from almost any court or tribunal in India — the route by which a large share of matters reaches the Court.

At what age do Supreme Court judges retire?

Judges of the Supreme Court hold office until the age of 65.