Last reviewed 30 Sept 2026 · 10 min read
Structure of the judiciary
India has a single integrated judicial system with a three-tier hierarchy:
Supreme Court (apex) → High Courts (state level) → Subordinate courts (district courts and below).
The Constitution makes the judiciary independent to protect the rights of citizens and enforce the Constitution: security of tenure and salary, appointment by the executive in consultation with judges (the collegium), separation of the judiciary from the executive (Article 50), the power of contempt, and expenditure of the Supreme Court charged on the Consolidated Fund of India (not voted on by Parliament).
The Supreme Court (Part V, Chapter IV, Articles 124–147)
- Established on 28 January 1950 (two days after the Constitution came into force); it replaced the Federal Court of India (1937) and the Privy Council's jurisdiction (abolished in 1949). It sat first in the Chamber of Princes in the old Parliament building; the present building on Tilak Marg, New Delhi was inaugurated in 1958.
- Strength: the Constitution originally provided for 8 judges (a Chief Justice and 7 others); Parliament increased it: 11 (1956), 14 (1960), 18 (1977), 26 (1986), 31 (2008) — and now 34 judges (including the Chief Justice), fixed by the Supreme Court (Number of Judges) Amendment Act 2019.
- Seat: Delhi, and other places as decided by the Chief Justice with the President's approval.
Appointment and qualifications
- Chief Justice of India (CJI) and other judges are appointed by the President (Article 124). By convention, the seniormost judge is appointed CJI. The Collegium system, evolved through the Three Judges Cases (S. P. Gupta 1981, Second Judges Case 1993, Third Judges Case 1998), means that the CJI and the four seniormost judges recommend the appointments; the executive's role is to act on the recommendation. The 99th Amendment (2014) created the National Judicial Appointments Commission (NJAC), but the Supreme Court struck it down in 2015 (the Fourth Judges Case) as violating judicial independence and the basic structure.
- Qualifications: a citizen of India and (a) a High Court judge for at least 5 years, or (b) an advocate of a High Court for at least 10 years, or (c) a distinguished jurist in the President's opinion.
- Oath: by the President (or a person appointed by him).
- Retirement age: 65 years. Removal: by the President on an address by both Houses of Parliament, supported by a special majority (two-thirds of those present and voting and a majority of the total membership) on the ground of proved misbehaviour or incapacity (Judges Inquiry Act 1968); no judge has been removed yet (the proceedings against Justice V. Ramaswami in 1993 failed in the Lok Sabha).
- Post-retirement practice: a retired judge cannot practise before any court in India (Article 124(7)), but ad hoc and retired judges may be asked to sit; ad hoc judges (Article 127) and acting Chief Justice (Article 126).
- Salary: fixed by Parliament; the CJI ₹2.80 lakh and other judges ₹2.50 lakh per month (as revised in 2018; check the latest).
- Chief Justices of India: H. J. Kania (first, 1950); M. Patanjali Sastri; M. Hidayatullah (the first Muslim CJI); Y. V. Chandrachud (the longest-serving, about 7½ years, 1978–85); Fathima Beevi (the first woman judge of the Supreme Court, 1989); K. G. Balakrishnan (the first Dalit CJI); D. Y. Chandrachud (2022–24); Sanjiv Khanna (2024–25); B. R. Gavai (2025), followed by Surya Kant (from late 2025) (check the current CJI).
Jurisdiction and powers
| Jurisdiction | Article | Notes |
|---|---|---|
| Original | 131 | exclusive for disputes between the Centre and a state, or between states, or between the Centre and states on one side and states on the other; not for disputes involving private citizens or pre-constitution treaties |
| Writ | 32 | enforcement of fundamental rights (the Supreme Court is the "guarantor and defender" of fundamental rights) |
| Appellate | 132–136 | constitutional, civil and criminal cases from High Courts; Article 136 — special leave to appeal (SLP) from any court or tribunal (except military) |
| Advisory | 143 | the President can seek the Court's opinion on a question of law or fact of public importance; the opinion is not binding |
| Court of Record | 129 | its judgments and proceedings are recorded and are precedents; it has the power to punish for contempt of itself |
| Review | 137 | can review its own judgments; curative petition (Rupa Ashok Hurra case, 2002) is the last remedy |
| Judicial review | 13, 32, 226, 246, 254 | the power to declare laws and executive orders void if inconsistent with the Constitution — the Court's duty as guardian of the Constitution |
| Transfer of cases | 139A | |
| Complete justice | 142 | the Court can pass any order necessary for "complete justice" |
| Binding law | 141 | the law declared by the Supreme Court is binding on all courts in India |
| Election disputes | of the President and Vice-President (Article 71) |
Judicial activism — the Court's proactive role (PILs on environment, prisoners' rights, corruption). Judicial restraint — deference to the legislature. Judicial overreach is a criticism.
Public Interest Litigation (PIL)
PIL is a legal action for the public good, by anyone (even by a letter or postcard — epistolary jurisdiction), relaxing the rule of locus standi. It was pioneered by Justices P. N. Bhagwati and V. R. Krishna Iyer in the 1980s (Hussainara Khatoon case 1979 on undertrials; S. P. Gupta 1981). Areas: environment (M. C. Mehta), bonded labour (Bandhua Mukti Morcha), custodial violence, sexual harassment (Vishaka), Right to Food. Frivolous PILs attract costs.