12 min readConcept sheetSection A MCQ (1 mark) and objective (2 marks, two parts); Section B very short answer (2 marks), short answer (3 marks) or long answer (6 marks)

The Supreme Court, judicial review and public interest litigation

The Supreme Court tops India's unified judiciary. It has original, appellate and advisory jurisdiction, guards the Constitution through judicial review, and widens justice through PIL.

JudgesA Chief Justice and other judges, their number fixed by Parliament by law (in 1950: the Chief Justice and 7 judges)

Appointment and tenureAppointed by the President; serve until 65; removed only by impeachment for proved misbehaviour or incapacity

Three jurisdictionsOriginal, appellate and advisory

Judicial reviewThe power to examine whether a law or executive order agrees with the Constitution, and to declare it null and void if it does not

Composition and appointment

India has a unified judiciary: subordinate courts at the base, High Courts in the States, and the Supreme Court at the top.
The Supreme Court has a Chief Justice and other judges. Parliament fixes their number by law. In 1950 there were 7 judges besides the Chief Justice. Your NIOS lesson gives 30; Parliament later raised the number to 33 in 2019 and to 37 in 2026.
All judges are appointed by the President. The senior-most judge is usually made Chief Justice.
For other judges, the Chief Justice is consulted. The Chief Justice in turn consults a collegium of the four senior-most judges, and they must agree on each name.
Qualifications: the person must be a citizen of India and meet one of three tests. The tests are: a High Court judge for 5 years, a High Court advocate for 10 years, or a distinguished jurist in the President's opinion.
Judges serve until 65. The President can remove one only after each House passes an address by a special majority, for proved misbehaviour or incapacity. This is the impeachment process.
A retired Supreme Court judge cannot plead in any court in India.

The three jurisdictions

Jurisdiction	Meaning	Cases
Original	Cases that only the Supreme Court can hear, directly	The Union against one or more States; State against State; the Union and some States against other States
Appellate	Hearing appeals against the judgments of lower courts	Constitutional, civil and criminal appeals from High Courts; special leave to appeal against any court or tribunal; criminal cases a High Court certifies as fit for appeal
Advisory	Giving an opinion when the President refers a question	A question of law or fact of great public importance; the opinion does not bind the President, and the Court need not give it

Guardian of the Constitution

The Supreme Court has the final power to interpret the Constitution. Parliament makes laws; it does not have this power. Exam answers often mix this up.
It is a court of record: its judgments are kept as records, and lower courts must accept them.
It protects Fundamental Rights. Under the Right to Constitutional Remedies, a citizen can go directly to the Supreme Court if a fundamental right is violated.
Through judicial review, it examines laws and executive orders, and declares them null and void if they violate the Constitution.
It can also review its own judgments.

Judicial activism and PIL

Judicial activism means an innovative interpretation of the Constitution by the courts. Critics say the judiciary then takes over work meant for the legislature. In India it has had public support, because it has opened access to justice for the disadvantaged. Its main tool is Public Interest Litigation (PIL). Under PIL, any person can bring a public problem before the court, not only the person affected. It is often used for poor people who cannot afford to go to court. Through PIL, courts have ruled on pollution, child labour in dangerous jobs and the removal of unauthorised buildings.

Judicial review and judicial activism

Judicial reviewA power: the Court checks whether a law or order is constitutional, and strikes it down if it is not.

Judicial activismAn approach: the Court reads the Constitution creatively, often through PIL, to bring justice to those who cannot reach it.

Judicial review is the power, judicial activism is the approach, and PIL is the tool.

In real life

Court orders in public interest cases have shaped cleaner air rules in cities and the ban on children working in dangerous jobs. Through PIL, any person can bring such a public problem before the court.

Exam angle

1 marks: “Name the body whose interpretation of the Constitution of India is final.” The Supreme Court.

2 marks: “What is Public Interest Litigation? Give one example of an issue on which courts have acted through it.” PIL lets any person bring a public problem before the court on behalf of people affected, often the poor who cannot reach the court. Example: pollution, or child labour in dangerous jobs.

3 marks: “Explain the original, appellate and advisory jurisdiction of the Supreme Court.” Original: hears directly disputes between the Union and States or between States. Appellate: hears constitutional, civil and criminal appeals from High Courts and can grant special leave. Advisory: gives an opinion on questions the President refers; not binding.

Remember it

Supreme Court O-A-A: Original (first and only), Appellate (from below), Advisory (for the President).