SUPREME COURT

The Supreme Court of India (ISO: Bhārata kā Sarvōcca Nyāyālaya)

is the supreme judicial authority and the highest court of the Republic
of India. It is the final court of appeal for all civil and criminal cases
in India. It also has the power of judicial review. The Supreme Court,
which consists of the chief justice of India and a maximum of fellow
33 judges, has extensive powers in the form
of original, appellate and advisory jurisdictions.
As the apex constitutional court, it takes up appeals primarily against
verdicts of the High Courts of various states and tribunals. As an
advisory court, it hears matters which are referred by the president of
India.
It is required to safeguard the fundamental rights of citizens and
settles legal disputes among the central government and various state
governments. Its decisions are binding on other Indian courts as well
as the union and state governments.
The Supreme Court of India is the apex judicial body under the
Constitution of India. Article 124 of the Constitution states that
“There shall be a Supreme Court of India.” The Supreme Court came
into existence on 26 January 1950 with the coming into force of the
Constitution.

Supreme Court of India

Bhārata kā Sarvōcca Nyāyālaya

Establishe October 1, 1937; 87

d years ago

Jurisdictio India
n

Location Tilak Marg, New

Delhi, Delhi:
 110001, India

Coordinate 28°37′21″N 77°14′

s 22″E

Motto Yatō Dharmastatō

Jayaḥ
Where there is
righteousness and
moral duty, there is
victory.

Compositio Collegium of the

n method Supreme Court of
India

Authorised Article 124 of

by the Constitution of
India

Appeals High courts of India

from

Judge term Mandatory

length retirement at 65
years of age

Number of 34 (33+1; present

positions strength)[1]

Language English

Website www.sci.gov.in

Chief Justice of India

Currently Sanjiv Khanna

 Since 11 November 2024

Lead 13 May 2025

position
ends

What are the powers of the SC?

The Supreme Court has the following powers that are jurisdiction:

A) Original Jurisdiction: The following are the original jurisdiction of the SC:

I) As per article 131 of the Constitution, the SC functions as original jurisdiction

over matters where the disputes are either between the Central government and
the state government or between two or more state governments.
II) As per article 139 of the Constitution, the SC have the power to issue writs,
order, or direction.
III) As per section 32 of the Constitution, the SC also has the authority to
enforce Fundamental Rights.
IV) As per Article 139A of the Constitution, the SC on its discretion or at the
advice of the Attorney General of India can take up the cases during the
pendency of the matter from the high courts if the same issue is to be disposed
of by the SC that is related to the question of law. And it can also transfer the
pending cases, appeal or other proceedings to give justice from one HC to
another HC.

B) Appellate Jurisdiction: As per article 132, 133, 134 of the Constitution, the
SC has appellate jurisdiction in matters that are related to civil, criminal, or
Constitution. Also, as per article 136, the SC has the power to issue special
leave that is being by any tribunal courts in India but this does not apply to
Army courts.

C) Advisory Jurisdiction: As per article 143 of the Constitution, the SC can

advise the President of India that is related to the question of law, and the nature
of the matter is associated with the public importance. And the President can
also seek opinion in the matters that are related to Article 131 of the
Constitution.
D) Review Jurisdiction: As per article 137 of the Constitution, the SC has the
power to review any laws that are being passed by the legislature.

Conclusion
The Supreme Court is the highest appealing body in our jurisdiction. With its
establishment, justice is being proclaimed by the citizens of India. The powers
that are vested upon the SC are to ensure the fair trial in matters that are about
the Constitution of India; hence it also protects the world’s largest democratic
state.
HIGH COURT
The High Court is the highest court in a state in India. Articles 214 to
231 in the Indian Constitution talk about the High Courts, their
organisation and powers. The Parliament can also provide for the
establishment of one High Court for two or more states.

For instance, Haryana, Punjab and the Union Territory of Chandigarh

have a common High Court. The northeastern states also have one
common High Court. In addition, Tamil Nadu shares a High Court
with Puducherry.
Currently, there are 25 High Courts in India. For a list of High Courts
in India, check the linked article.
The High Courts of Calcutta, Madras and Bombay were established
by the Indian High Courts Act 1861.

What are the functions of the High Court?

The functions of the High Court are described in the below section
under subsections such as its jurisdiction, powers, role, etc.

High Court Jurisdiction

The various kinds of the jurisdiction of the High Court are briefly
given below:

Original Jurisdiction
  The High Courts of Calcutta, Bombay and Madras have original
jurisdiction in criminal and civil cases arising within these cities.
 An exclusive right enjoyed by these High Courts is that they are
entitled to hear civil cases which involve property worth over
Rs.20000.
 Regarding Fundamental Rights: They are empowered to issue
writs in order to enforce fundamental rights.
 With respect to other cases: All High Courts have original
jurisdiction in cases that are related to will, divorce, contempt of
court and admiralty.
 Election petitions can be heard by the High Courts.

Appellate Jurisdiction

 In civil cases: an appeal can be made to the High Court against

a district court’s decision.
 An appeal can also be made from the subordinate court directly
if the dispute involves a value higher than Rs. 5000/- or on a
question of fact or law.
 In criminal cases: it extends to cases decided by Sessions and
Additional Sessions Judges.

 If the sessions judge has awarded imprisonment for 7 years

or more.

 If the sessions judge has awarded capital punishment.

 The jurisdiction of the High Court extends to all cases under the
State or federal laws.
 In constitutional cases: if the High Court certifies that a case
involves a substantial question of law.

High Court Powers

Apart from the above, the High Courts have several functions and
powers which are described below.

As a Court of Record
  High Courts are also Courts of Record (like the Supreme Court).
 The records of the judgements of the High Courts can be used
by subordinate courts for deciding cases.
 All High Courts have the power to punish all cases of contempt
by any person or institution.

Administrative Powers

1. It superintends and controls all the subordinate courts.

2. It can ask for details of proceedings from subordinate courts.
3. It issues rules regarding the working of the subordinate courts.
4. It can transfer any case from one court to another and can also
transfer the case to itself and decide the same.
5. It can enquire into the records or other connected documents of
any subordinate court.
6. It can appoint its administration staff and determine their
salaries and allowances, and conditions of service.

Power of Judicial Review

High Courts have the power of judicial review. They have the power
to declare any law or ordinance unconstitutional if it is found to be
against the Indian Constitution.

Power of Certification
A High Court alone can certify the cases fit for appeal before the
Supreme Court.

High Court Autonomy

The independence of the High Courts can be corroborated by the
points given below:

1. Appointment of Judges: The appointment of judges of the

High Courts lies within the judiciary itself and is not connected
to the legislature or the executive.
2. Tenure of the Judges: High Court judges enjoy the security of
tenure till the age of retirement, which is 62 years. A High Court
cannot be removed except by an address of the President.
3. Salaries and allowances: The High Court judges enjoy good
salaries, perks and allowances and these cannot be changed to
their disadvantage except in case of a financial emergency. The
expenses of the High Court are charged on the Consolidated
Fund of the State, which is not subject to vote in the state
legislature.
4. Powers: The Parliament and the state legislature cannot cut the
powers and jurisdiction of the High Court as guaranteed by the
Constitution.
5. Conduct of judges: Unless a motion of impeachment has been
moved, the conduct of the High Court judges cannot be
discussed in the Parliament.
6. Retirement: After retirement, High Court judges cannot hold an
office of emolument under the Government of India or that of a
state. There is an exception to this clause, however, when, with
the consent of the Chief Justice of India, retired judges can be
nominated to a temporary office, and in the situation of
emergencies.

UPSC Questions related to Powers of High Court

Q1

How many High Courts are there in India?

Currently, in India, there are 25 High Courts.

Q2

Which is the first High Court in India?

The first High Court in India is the Calcutta High Court. It was
established in 1862 as the High Court of Judicature at Fort
William.

Q3

What is the salary of Chief Justice of India?

At present, judges of the High Courts gets a monthly salary of

Rs.2.5 lakh.

Q4

How many judges are in High Court of India?

The number of judges in a High Court can vary. As of 4th

September 2020, Allahabad high court has 97 judges and
Sikkim high court has 3 judges.

Q5

Which High Court has the highest number of benches in

India?

The Guwahati High Court has the highest number of Benches in

India.