The Supreme Court of India is the highest judicial authority in the country, playing a critical role in the interpretation of the Constitution and the protection of fundamental rights. However, for UPSC Civil Services Examination (CSE) aspirants, understanding the vast and nuanced functions of the Supreme Court can be challenging. From its composition and jurisdiction to its power of judicial review and the intricacies of appointments, there are numerous details that often confuse candidates.
In this blog post, we will discuss the Top 30 Confusing Facts about the Supreme Court of India that frequently puzzle UPSC aspirants. Whether it’s the method of appointing judges, the significance of public interest litigations (PILs), or the court’s role in constitutional matters, we’ll break down the complexities and provide clarity. These facts will help you understand the Supreme Court’s functioning at a deeper level, ensuring that you’re well-prepared to tackle any questions related to it in the UPSC CSE exam. Let’s dive in and simplify these often-confusing aspects of the Supreme Court!
Facts About the Supreme Court (SC)
- Constitutional Status: The Supreme Court (SC) is established under Article 124, but its precise functioning and powers are detailed across multiple articles, leading to fragmented understanding.
- Guardian of the Constitution: While the SC is the final interpreter of the Constitution, its decisions are sometimes challenged as overstepping into legislative or executive domains.
- Composition: The Constitution initially provided for a Chief Justice and 7 other judges, but the current strength (34 judges) has been determined by Parliament, showing flexibility.
- Appointment of Judges: The appointment process involves the collegium system, which is a judicially created mechanism, not explicitly mentioned in the Constitution, leading to debates on its legality.
- Tenure and Retirement Age: Supreme Court judges retire at 65 years (Article 124(2)), unlike High Court judges who retire at 62, raising questions about uniformity.
- Removal of Judges: Judges can only be removed by impeachment under Article 124(4), which has been so rare that no SC judge has ever been successfully impeached.
- Original Jurisdiction: Under Article 131, the SC resolves disputes between the Centre and states or among states, but its applicability in cases involving individuals is often misunderstood.
- Appellate Jurisdiction: The SC hears appeals from High Courts under Articles 132-136, but confusion arises about its scope compared to special leave petitions (SLP).
- Advisory Jurisdiction: Under Article 143, the President can seek the SC’s advice on constitutional questions, but this advice is not binding, which reduces its enforceability.
- Judicial Review: The SC has the power to strike down laws and executive actions that violate the Constitution, but judicial review does not explicitly extend to certain constitutional amendments (e.g., Kesavananda Bharati case).
- Basic Structure Doctrine: The SC introduced the basic structure doctrine in 1973 to safeguard constitutional principles, but there is no clear list of what constitutes the “basic structure.”
- Writ Jurisdiction: The SC can issue writs under Article 32 for enforcing fundamental rights, but it cannot issue writs for other legal rights, unlike High Courts (Article 226).
- Public Interest Litigation (PIL): PILs have democratized access to the SC, but they are often criticized for judicial overreach or misuse by vested interests.
- Special Leave Petition (SLP): Article 136 allows the SC to hear appeals on any judgment, making it a powerful tool, but its overuse has burdened the Court with a massive caseload.
- Contempt of Court: The SC has the power to punish for contempt, but this authority has been criticized for curbing dissent and free speech.
- Binding Precedent: The SC’s decisions are binding on all courts in India (Article 141), but the principle of stare decisis is not always uniformly applied.
- Judicial Pendency: With over 70,000 cases pending in 2025, the SC struggles with delays, despite its role as the apex court.
- Expansion of Fundamental Rights: Through landmark cases like Kesavananda Bharati and Puttaswamy, the SC has expanded fundamental rights, but critics argue it sometimes encroaches on legislative powers.
- Judicial Activism vs. Overreach: The SC has played a proactive role in environmental protection, social justice, and human rights, but it is often accused of overreach in governance.
- National Court of Appeal: There have been calls to establish a National Court of Appeal to reduce the SC’s burden, but the idea remains unimplemented.
- Live Streaming of Proceedings: The SC has begun live streaming its hearings to promote transparency, but concerns about privacy and misuse of visuals persist.
- Tribunal Oversight: Tribunals established under Article 323-A and 323-B are under the SC’s appellate jurisdiction, but their functioning sometimes overlaps with regular courts.
- International Comparisons: Unlike the US Supreme Court, the Indian SC has advisory and appellate functions, making it both unique and more overburdened.
- Judicial Accountability: The SC has no external accountability mechanism beyond impeachment, raising questions about checks on its power.
- Judicial Appointments Commission (NJAC): The SC struck down the NJAC Act in 2015, reaffirming the collegium system but drawing criticism for resisting reform.
- Emergency Provisions: During a national emergency, the SC’s power to enforce fundamental rights can be curtailed (Article 359), though this has been limited after the 44th Amendment.
- Role in Federalism: The SC resolves Centre-state disputes but has been accused of favoring the Centre in some landmark cases.
- Judicial Discretion: The SC has wide discretionary powers, such as deciding whether to entertain SLPs, but this discretion is criticized for lacking clear guidelines.
- Role in Socio-Economic Justice: Through innovative interpretations of Article 21, the SC has included rights to education, health, and environment, but its enforceability remains a challenge.
- Limited Enforcement Powers: Despite its authority, the SC relies on the executive for implementing its judgments, often creating friction and delays in enforcement.
These facts underline the complexities of the Supreme Court’s role, powers, and limitations, offering crucial insights for UPSC aspirants into India’s judicial system and its constitutional significance.