Omar Bennett
The Supreme Court of India is the highest court in the country and has extensive powers in the form of original, appellate, and advisory jurisdictions. The court consists of a Chief Justice and a maximum of 33 judges. The number of judges has increased over the years, starting from 7 in 1950 to 34 in 2019. The Supreme Court of India is widely acknowledged as one of the most powerful supreme courts in the world due to its authority to initiate actions and wield appellate jurisdiction over all courts, as well as its ability to invalidate amendments to the constitution.
| Characteristics | Values |
|---|---|
| Highest court in the country | Supreme Court of India |
| Number of judges | 33 (including the Chief Justice) |
| Maximum number of judges | 34 |
| Minimum number of judges | 8 |
| Year of establishment | 28 January 1950 |
| Building inauguration | 4 August 1958 |
| Chief Justice's Court | Largest of the courts located in the centre of the Central Wing |
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What You'll Learn
The Supreme Court of India's history and evolution
The Supreme Court of India is the highest court in the country and has jurisdiction over all Indian courts and the union and state governments. The Court consists of a maximum of 34 judges, including the Chief Justice of India. The Court's powers include original, appellate, and advisory jurisdictions, as well as the power of judicial review.
The Supreme Court of India was established on 28 January 1950, two days after India was declared a republic. It replaced the Federal Court of India and the Judicial Committee of the Privy Council, which were previously at the apex of the Indian court system. The Federal Court, established in 1937, was impartial, independent, and served as a guardian of individual liberties against the executive. The Supreme Court's establishment was preceded by the Indian High Courts Act 1861, which created high courts for various provinces and abolished Supreme Courts in Calcutta, Madras, and Bombay.
In its early years, the Supreme Court met for four hours in the morning and afternoon for 28 days per month. The original Supreme Court consisted of a Chief Justice and seven judges, with the power to increase this number delegated to Parliament. Over time, as the Court's workload increased, Parliament raised the number of judges several times: from eight in 1950 to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2009, and finally, 34 in 2019.
The Supreme Court initially held sessions in the Chamber of Princes in the parliament building, where the Federal Court had previously sat. In 1958, the Court moved to its current premises, which were inaugurated by India's first President, Dr Rajendra Prasad. The building is shaped like scales of justice and features a 27.6-metre-high dome and a spacious colonnaded verandah. The Central Wing houses the Chief Justice's Court, the largest of the 19 courtrooms located in the various wings of the building. The courtyard opposite the Chief Justice's Court features a life-size statue of Mahatma Gandhi.
The Supreme Court of India has undergone several extensions and additions. The first extension was in 1979, with the addition of the East and West Wings. In 1994, a second extension connected the East and West Wings, and in 2015, the New Extension Block was inaugurated near the Supreme Court Museum. On 1 September 2024, the Court unveiled its official flag, featuring the Ashoka Chakra set above the rotunda of the Court and elements of the Court's architecture and the Constitution of India.
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The Chief Justice of India and their role
The Supreme Court of India is the highest court in the country and has the final say in all civil and criminal cases. It also has the power of judicial review, allowing it to invalidate both normal laws and constitutional amendments. The court consists of the Chief Justice of India and a maximum of 33 fellow judges. The Chief Justice of India (CJI) is the highest-ranking officer of the Indian judiciary. They are responsible for allocating cases and appointing constitutional benches to deal with them. The CJI also has administrative duties, such as maintaining the roster, appointing court officials, and supervising the functioning of the Supreme Court.
The President of India appoints the CJI, as recommended by the outgoing chief justice in consultation with other judges. The CJI holds office until they reach the age of 65 or are removed by impeachment. The current CJI, Justice Sanjiv Khanna, was sworn in on 11 November 2024 and is due to retire on 13 May 2025. He has had a long career in law, practising in the District Courts of Delhi and serving as Senior Standing Counsel for the Income Tax Department. He has also held several important positions, including Chairman of the Delhi Judicial Academy and Judge-in-Charge of the Delhi International Arbitration Centre.
The CJI is also the de facto chancellor of the National Law School of India University and Visitor of the National Law University, Delhi. The remuneration and conditions of service of the CJI are decided by the Parliament of India. The CJI is a very powerful position, and the Supreme Court of India is widely acknowledged as one of the most powerful supreme courts in the world. The CJI also acts as the president of India in the event that both the president and vice president's offices are vacant.
The role of the CJI is crucial in maintaining the independence and integrity of the Indian judiciary. They are responsible for upholding the Constitution and ensuring that the Supreme Court functions effectively and impartially. The CJI also plays an important role in advising the government on legal matters and interpreting the law. They are expected to be impartial and unbiased in their decisions and to act in the best interests of justice and the country.
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The number of judges over time
The Supreme Court of India, the highest court in the country, was established on 28 January 1950. The original constitution of 1950, envisaged a Supreme Court with a chief justice and 7 puisne judges, leaving it to Parliament to increase this number.
The number of judges has indeed been increased several times since then, due to the increasing workload of the court. In 1950, there were 8 judges, including the chief justice. This number was increased to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2009, and finally to 34 in 2019. The current strength of the court is 33 judges, including the Chief Justice, which is one short of the maximum possible strength.
The judges sit in benches of two or three and come together in larger benches of five or more, known as a Constitution Bench, when required to settle fundamental questions of law. The largest-ever bench at the Supreme Court of India was constituted in 1973 in Kesavananda Bharati v.
The Supreme Court building, inaugurated in 1958, is shaped like scales of justice, with a 27.6-metre-high dome and a spacious colonnaded verandah. The Central Wing of the building is the centre beam of the scales, and the Chief Justice's Court is located in the centre of this wing.
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The court's jurisdiction and powers
The Supreme Court of India is the highest court in the country and has extensive powers in the form of original, appellate, and advisory jurisdictions. The court consists of a maximum of 34 judges, including the Chief Justice of India.
The Supreme Court is the final court of appeal for all civil and criminal cases in India. It has the power of judicial review, allowing it to invalidate both normal laws and constitutional amendments. This power is subject to any laws created by Parliament or rules established under Article 145. The Supreme Court can review any of its own judgments or orders and can overturn the impeachment process of the President and Judges based on constitutional validity.
In criminal cases, an appeal can be made to the Supreme Court if certain conditions are met, such as when the High Court has reversed an order of acquittal and sentenced the accused to death or life imprisonment. The Supreme Court also has a wide appellate jurisdiction over all Courts and Tribunals in India and may grant special leave to appeal under Article 136 of the Constitution.
The Supreme Court holds the power to punish for contempt of court, including contempt of itself, under Articles 129 and 142 of the Constitution. It has the authority to initiate actions and wield appellate jurisdiction over all courts, widely acknowledged as one of the most powerful supreme courts in the world.
The Supreme Court has advisory jurisdiction in matters specifically referred to it by the President of India under Article 143 of the Constitution. Election Petitions under the Presidential and Vice Presidential Elections Act, 1952, are also filed directly with the Supreme Court.
The Supreme Court's powers and jurisdiction can only be added by Parliament and cannot be curtailed. The law declared by the Supreme Court is binding on all courts in the country, and it is required to safeguard the fundamental rights of citizens and settle legal disputes between the central government and state governments.
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The court's building and inauguration
The Supreme Court of India is the country's highest court and the final court of appeal for all civil and criminal cases. It came into existence on 28 January 1950, replacing the Federal Court of India and the Judicial Committee of the Privy Council, which were previously at the apex of the Indian court system. The first proceedings and inauguration took place on the same day at 9:45 am when the judges took their seats, marking the official date of establishment.
The Supreme Court initially held sessions in the Chamber of Princes in the parliament building, where the Federal Court of India had previously convened from 1937 to 1950. In 1954, the foundation stone for a new Supreme Court building was laid on a triangular 17-acre plot by India's first President, Rajendra Prasad. The building was designed in an Indo-British style by chief architect Ganesh Bhikaji Deolalikar, the first Indian to lead the Central Public Works Department. The design symbolises scales of justice, with the Central Wing serving as the centre beam and housing the Chief Justice's Court, the largest courtroom in the building. The Right Wing contains the Bar, with rooms and offices for legal professionals, while the Left Wing houses the court offices.
In 1958, the Supreme Court relocated to its current location. Over time, the building has undergone several extensions to accommodate the growing needs of the court. In 1979, the East and West Wings were added, followed by another extension in 1994 to connect the two wings. The most recent extension, completed in 2015, included the construction of the New Extension Block near the Supreme Court Museum.
The Supreme Court building is not just functional but also holds symbolic significance. The design, inspired by the scales of justice, reflects the Indian conception of justice. The building features a 27.6-metre-high dome and a spacious colonnaded verandah. The lawn in front of the building showcases several notable sculptures, including a black bronze statue depicting "Mother India sheltering the young Republic" and a statue of Mahatma Gandhi, the apostle of truth and non-violence.
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Frequently asked questions
The Supreme Court of India can have a maximum of 34 judges, including the Chief Justice. As of 2021, there were 33 judges in the Supreme Court.
The Supreme Court of India was established on 28 January 1950 with 8 judges, including the Chief Justice.
The number of judges in the Supreme Court of India has gradually increased over the years to keep up with the increasing workload. The number of judges has changed from 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2009, and 34 in 2019.
The President of India appoints the judges of the Supreme Court. The most recent example of this was in August 2021 when President Ram Nath Kovind signed the warrant of appointments of nine new judges.
