ICSE Class 10 · Chapter 5

The Supreme Court ICSE Class 10: Composition, Jurisdiction and Writs

Updated 14 October 2026 · Fact-checked

The Supreme Court is India's highest court, with the Chief Justice and up to 33 other judges. ICSE Class 10 tests its composition, judges' qualifications and appointment, how its independence is secured, and its original, appellate, advisory and revisory jurisdiction, judicial review, its status as a Court of Record, and the five writs for Fundamental Rights.

What The Supreme Court is about

India has a single integrated judiciary: the Supreme Court at the top, a High Court in each state or group of states, and subordinate courts in the districts. The Supreme Court, set up under Article 124, is the final court of appeal, the guardian of the Constitution and the protector of Fundamental Rights.

The chapter has three parts. First, the court itself: composition, qualifications of judges, how they are appointed, their tenure and removal. Second, the independence of the judiciary: the many ways the Constitution keeps judges free from pressure by the executive and the legislature. Third, the jurisdiction and functions: original, appellate, advisory and revisory jurisdiction, judicial review, the Court of Record, and enforcement of Fundamental Rights through writs.

CISCE examiners note that students write the composition wrongly (34 judges instead of the Chief Justice and 33 others), confuse judicial review with revisory jurisdiction, and mix up the original jurisdiction of the Supreme Court with that of the High Court. Each of these is set out clearly below.

Weightage: CISCE publishes no chapter weightage. Civics is tested in Part I (compulsory 1- and 2-mark items) and in Part II Section A, where you answer two of three 10-mark Civics questions, each split 3 + 3 + 4.Source: CISCE ICSE 2027 Specimen Question Paper 501, History & Civics (H.C.G. Paper 1)

Key concepts

Composition, qualifications and appointment

Composition: a Chief Justice of India and not more than 33 other judges (a total of 34), a number Parliament can change by law.

Qualifications: a citizen of India who (a) has been a judge of a High Court (or of two or more High Courts in succession) for at least 5 years, or (b) has been an advocate of a High Court (or of two or more) for at least 10 years, or (c) is, in the opinion of the President, a distinguished jurist.

Appointment: by the President. The Chief Justice is appointed after consulting such judges of the Supreme Court and High Courts as the President thinks necessary; other judges are appointed after consulting the Chief Justice. In practice, appointments follow the recommendations of a collegium of the Chief Justice and the senior-most judges of the Supreme Court.

Tenure and removal: judges hold office until 65 years of age. A judge may resign by writing to the President. A judge can be removed only by an order of the President after each House of Parliament passes an address, in the same session, supported by a majority of its total membership and two-thirds of members present and voting, on the ground of proved misbehaviour or incapacity.

Worked example

(3 marks) What is the composition of the Supreme Court? State two qualifications for appointment as a judge.

Try it first, then show the solutionSolution

Composition: the Chief Justice of India and not more than 33 other judges - 1 mark.
Qualification: a citizen who has been a High Court judge for 5 years or an advocate of a High Court for 10 years - 1 mark.
Or a distinguished jurist in the opinion of the President - 1 mark.

Answer: The Supreme Court has the Chief Justice and up to 33 other judges. A judge must be an Indian citizen and either a High Court judge for at least 5 years, an advocate of a High Court for at least 10 years, or a distinguished jurist in the President's opinion.

Independence of the judiciary

The Constitution protects the judiciary from control by the executive and the legislature in several ways:
1. Appointment by the President after consultation with the Chief Justice and senior judges, not by political choice alone.
2. High qualifications, so only experienced and able persons become judges.
3. Security of tenure: judges serve until 65 and can be removed only by the difficult procedure of an address by both Houses, on proved misbehaviour or incapacity.
4. Fixed salaries and allowances, charged on the Consolidated Fund of India, so they are not voted on by Parliament; they cannot be reduced to a judge's disadvantage during the term, except in a Financial Emergency.
5. The conduct of a judge cannot be discussed in Parliament except when a motion for removal is under consideration.
6. A retired Supreme Court judge cannot practise law in any court in India.
7. The Court can punish for contempt of itself.
8. Separation of the judiciary from the executive (Directive Principle, Article 50), and the Court's control over its own staff and procedure.

Worked example

(3 marks) Mention three ways in which the Constitution ensures the independence of Supreme Court judges.

Try it first, then show the solutionSolution

Security of tenure: judges serve until 65 and can be removed only by an address of both Houses with a special majority on proved misbehaviour or incapacity - 1 mark.
Salaries are charged on the Consolidated Fund of India and cannot be reduced during their term except in a Financial Emergency - 1 mark.
Retired judges cannot practise in any court in India, and judges' conduct cannot be discussed in Parliament - 1 mark.

Answer: (1) Judges have security of tenure up to 65 and are removable only by a special parliamentary procedure. (2) Their salaries are charged on the Consolidated Fund and cannot be cut during their term except in a Financial Emergency. (3) After retirement they cannot practise in any Indian court, and their conduct cannot be discussed in Parliament.

Original jurisdiction

Original jurisdiction means the power to hear a case for the first time, as the court of first instance, not on appeal. Under Article 131 the Supreme Court has exclusive original jurisdiction in disputes:

between the Government of India and one or more states;
between the Government of India and one or more states on one side and one or more other states on the other;
between two or more states,

provided the dispute involves a question of law or fact on which a legal right depends.

In addition, a person whose Fundamental Rights have been violated can go straight to the Supreme Court under Article 32. This too is original jurisdiction, but it is not exclusive, because High Courts can also enforce Fundamental Rights under Article 226.

Worked example

(4 marks) What is meant by original jurisdiction? Mention three cases that come under the original jurisdiction of the Supreme Court.

Try it first, then show the solutionSolution

Meaning: the power to hear and decide a case in the first instance, not as an appeal - 1 mark.
Disputes between the Government of India and one or more states - 1 mark.
Disputes between two or more states (or the Union and some states against other states) - 1 mark.
Cases of violation of Fundamental Rights brought directly under Article 32 - 1 mark.

Answer: Original jurisdiction is the power to hear a case for the first time. Under it the Supreme Court hears (1) disputes between the Union and one or more states, (2) disputes between two or more states, or between the Union with some states against others, and (3) petitions for enforcement of Fundamental Rights under Article 32.

Appellate jurisdiction

The Supreme Court is the highest court of appeal. It hears appeals against judgments of High Courts in:

Constitutional cases: if the High Court certifies that the case involves a substantial question of law about the interpretation of the Constitution.
Civil cases: if the High Court certifies that the case involves a substantial question of law of general importance that needs to be decided by the Supreme Court.
Criminal cases: if the High Court has, on appeal, reversed an acquittal and sentenced the accused to death; or has withdrawn a case from a lower court, tried it and sentenced the accused to death; or certifies that the case is fit for appeal.
Special leave to appeal (Article 136): the Supreme Court may, at its discretion, grant special leave to appeal against any judgment of any court or tribunal in India, except military tribunals.

Worked example

(3 marks) Mention three kinds of cases in which an appeal lies to the Supreme Court from a High Court.

Try it first, then show the solutionSolution

Constitutional cases certified by the High Court as involving a substantial question of interpretation of the Constitution - 1 mark.
Civil cases certified as involving a substantial question of law of general importance - 1 mark.
Criminal cases where the High Court has sentenced a person to death after reversing an acquittal, or certifies the case as fit for appeal - 1 mark.

Answer: Appeals lie in (1) constitutional cases certified by the High Court, (2) civil cases involving a substantial question of law of general importance, and (3) criminal cases where the High Court has awarded a death sentence on reversing an acquittal or certifies the case as fit. The Court may also grant special leave to appeal under Article 136.

Advisory and revisory jurisdiction

Advisory jurisdiction (Article 143): the President may refer to the Supreme Court any question of law or fact of public importance, and the Court may give its opinion. The opinion is not binding on the President, and the Court may decline to give it in some cases.

Revisory jurisdiction (Article 137): the Supreme Court can review its own judgments or orders, for example if new evidence comes to light or there is an error apparent on the record, and correct its decision. This is different from judicial review, which concerns the validity of laws and executive orders, and from the revisory jurisdiction of a High Court, which concerns the decisions of subordinate courts.

Worked example

(2 marks) Distinguish between advisory jurisdiction and revisory jurisdiction of the Supreme Court.

Try it first, then show the solutionSolution

Advisory: the Court gives its opinion when the President refers a question of law or fact of public importance; the opinion is not binding - 1 mark.
Revisory: the Court reviews its own earlier judgment or order to correct an error - 1 mark.

Answer: Under advisory jurisdiction the Supreme Court advises the President on a referred question of law or fact, and the advice is not binding. Under revisory jurisdiction it reviews and may change its own earlier judgment.

Judicial review and Court of Record

Judicial review is the power of the Supreme Court (and High Courts) to examine whether a law passed by a legislature or an order of the executive is consistent with the Constitution. If it is not, the Court declares it ultra vires, null and void. This keeps the legislature and executive within constitutional limits and protects Fundamental Rights. It does not mean reviewing the Court's own judgments.

Court of Record (Article 129): (1) its judgments and proceedings are recorded and preserved for perpetual memory and testimony; they are binding on all courts in India and are cited as precedents and accepted as evidence that cannot be questioned in any court; (2) it has the power to punish for contempt of itself, by fine or imprisonment.

Worked example

(3 marks) Why is the Supreme Court called a Court of Record? Explain judicial review in one point.

Try it first, then show the solutionSolution

Its judgments are recorded and preserved and serve as precedents binding on all lower courts - 1 mark.
It has the power to punish for contempt of itself - 1 mark.
Judicial review: the power to examine laws and executive orders and declare those that violate the Constitution null and void - 1 mark.

Answer: It is a Court of Record because its judgments are recorded and preserved as binding precedents and evidence, and it can punish for its own contempt. Judicial review is its power to strike down any law or executive order that violates the Constitution.

Enforcement of Fundamental Rights: writs

Under Article 32 the Supreme Court can issue directions, orders or writs to enforce Fundamental Rights. Article 32 is itself a Fundamental Right (the right to constitutional remedies).
1. Habeas corpus ('to have the body'): orders a person who has detained someone to produce the detained person before the court; if the detention is unlawful, the person is released. It protects personal liberty.
2. Mandamus ('we command'): orders a public official, public body, lower court or government to perform a public duty it has failed to perform.
3. Prohibition: issued by a higher court to a lower court or tribunal to stop proceedings in a case that is beyond its jurisdiction, while the case is still pending.
4. Certiorari ('to be certified'): issued to a lower court or tribunal to transfer a case to the higher court, or to quash an order it has already passed in excess of its jurisdiction.
5. Quo warranto ('by what authority'): asks a person holding a public office to show by what authority he holds it; if the claim is not valid, he is removed.

Worked example

(2 marks) Explain the writs of habeas corpus and quo warranto.

Try it first, then show the solutionSolution

Habeas corpus: the court orders that a detained person be produced before it, and frees him if the detention is unlawful - 1 mark.
Quo warranto: the court asks a person holding a public office by what authority he holds it, and removes him if he is not entitled - 1 mark.

Answer: Habeas corpus requires a detained person to be brought before the court, which releases him if the detention is illegal. Quo warranto requires the holder of a public office to show his legal right to it, and removes him if he has none.

The Supreme Court in real life

Each concept, met in an everyday situation. Read the situation, answer the question in your own words, then compare with the model answer. The one-line hook is what to remember.

Habeas corpus

Suppose a college student is picked up by the police after a protest and held for three days without being produced before a magistrate or told the charge.

Which writ can her family seek, and from which courts?

Try it first, then show the solutionSolution

Detention without legal procedure violates the right to life and personal liberty.
The writ of habeas corpus orders the authorities to produce her before the court.
The family can approach the Supreme Court under Article 32 or the High Court under Article 226.

Answer: Her family can seek a writ of habeas corpus from the Supreme Court (Article 32) or the High Court (Article 226). The court will order her production and release her if the detention is unlawful.

Memory hook: Habeas corpus: bring the body, prove the reason.

Original jurisdiction

Imagine two neighbouring states both claim a stretch of border villages, and each state government insists the villages belong to it under an old order, so the matter cannot be settled by talks.

Which court can hear this dispute first, and under which jurisdiction?

Try it first, then show the solutionSolution

The dispute is between two states.
Disputes between states fall under the exclusive original jurisdiction of the Supreme Court under Article 131.
So the case is heard first by the Supreme Court, not on appeal.

Answer: The Supreme Court, under its exclusive original jurisdiction (Article 131), because the legal dispute is between two states. It is heard there first, not on appeal.

Memory hook: State versus state starts at the top.

Judicial review

Suppose a state passes a law forbidding people of a certain religion from buying land in one district.

How can the courts deal with this law?

Try it first, then show the solutionSolution

The law discriminates on grounds of religion and violates the right to equality.
Under judicial review the court examines the law against the Constitution.
The court declares it unconstitutional and void.

Answer: A person affected can challenge the law; using judicial review, the Supreme Court or High Court can declare it null and void because it violates Fundamental Rights.

Memory hook: Judicial review tests laws, not judgments.

Topics in this chapter

The Supreme Court: Composition, Independence, Jurisdiction and Writs

The Supreme Court: key facts

Composition: Chief Justice + up to 33 other judges (34 in all); Parliament may change the number.
Qualifications: Citizen + (HC judge 5 years or HC advocate 10 years or distinguished jurist); No minimum age.
Retirement: 65 years; High Court judges retire at 62.
Removal: Address by each House: majority of total membership + two-thirds present and voting; proved misbehaviour or incapacity; Order by the President.
Key Articles: 124 (establishment), 129 (Court of Record), 131 (original), 136 (special leave), 137 (review), 143 (advisory), 32 (writs)
Five writs: Habeas corpus, Mandamus, Prohibition, Certiorari, Quo warranto; Article 32 (Supreme Court), Article 226 (High Courts).

How the board asks The Supreme Court

The question patterns to expect, and the method that works for each.

Question type	How it is asked	Method
Analogy or matching MCQ (Part I)	'Advisory jurisdiction : advise the President :: Judicial review : ___' or match writs with meanings.	Judicial review = laws and executive orders; revisory = own judgments; advisory = President's reference.
Source-based 2-marker	A passage on judicial independence; deduce two ways independence is secured.	Pick the phrases in the passage (security of tenure, pay) and name them in constitutional terms.
Composition and Court of Record (3 marks)	'What is the composition of the Supreme Court? Why is it called a Court of Record?'	Write 'Chief Justice and 33 other judges'; give both features of a Court of Record.
Jurisdiction (4 marks)	Meaning of original jurisdiction plus three cases; or explain appellate jurisdiction.	Define first, then name specific cases: Union versus states, state versus state, Fundamental Rights.

Tricks to remember The Supreme Court

Short memory aids. Say each one aloud once, then use it on a question the same day.

1 + 33
One Chief, thirty-three others: never write '34 judges' alone.
Use it when: Composition answers.
O-A-A-R
Original, Appellate, Advisory, Revisory, then Review (judicial) and Record: 'Our Able Advocates Rarely Rest Really.'
Use it when: Listing jurisdictions.
Writs: Body, Command, Stop, Quash, Authority
Habeas corpus = body; Mandamus = command; Prohibition = stop; Certiorari = quash; Quo warranto = authority.
Use it when: Matching writs.
Revisory looks back at itself
Supreme Court revisory = reviews its own judgment; judicial review = reviews laws.
Use it when: Avoiding the most frequent confusion.

The Supreme Court: board-level solved questions

Ordered from board level to HOTS. Cover the solution, write your own, then compare step by step.

Example 1: Analogy on jurisdiction · 1 mark · MCQBoard level

Advisory jurisdiction : advises the President :: Judicial review : ________
(a) reviews its own judgments
(b) reviews judgments of the High Courts
(c) examines the validity of laws passed by legislatures
(d) supervises the subordinate courts

Try it first, then show the solutionSolution

Reviewing its own judgments is revisory jurisdiction.
Judicial review tests laws and executive orders against the Constitution.

Answer: (c) examines the validity of laws passed by legislatures.

Example 2: Identify the writ · 1 mark · MCQHarder board level

A municipal body refuses to issue a trade licence even though the applicant meets every legal requirement and the law makes issue compulsory. Which writ is suitable?
(a) Habeas corpus
(b) Mandamus
(c) Prohibition
(d) Quo warranto

Try it first, then show the solutionSolution

A public body is failing to perform a legal duty.
Mandamus commands a public authority to perform its public duty.

Answer: (b) Mandamus.

Example 3: Assertion and reason: Article 32 · 1 mark · Assertion-reasonHarder board level

Assertion (A): A citizen can go directly to the Supreme Court if his Fundamental Rights are violated.
Reason (R): The Supreme Court has exclusive original jurisdiction in all cases of Fundamental Rights.
(a) Both A and R are true and R explains A
(b) Both A and R are true but R does not explain A
(c) A is true but R is false
(d) A is false but R is true

Try it first, then show the solutionSolution

Article 32 allows direct approach to the Supreme Court: A is true.
The jurisdiction is original but not exclusive, since High Courts can also issue writs under Article 226: R is false.

Answer: (c) A is true but R is false.

Example 4: Deduce from a passage · 2 marks · Source-basedHarder board level

Read: 'Judges must apply the law without fear or favour. For this, they need security of tenure, and they must be properly paid without interference from the executive or legislature.' Mention two ways in which the Indian Constitution provides what the passage asks for.

Try it first, then show the solutionSolution

Security of tenure: judges serve until 65 and can be removed only by a special address of both Houses on proved misbehaviour or incapacity.
Pay: salaries are charged on the Consolidated Fund of India and cannot be reduced during their term except in a Financial Emergency.

Answer: (1) Security of tenure: Supreme Court judges serve until 65 and can be removed only through an address of both Houses with a special majority. (2) Salaries are charged on the Consolidated Fund of India, are not voted on, and cannot be reduced during their term except in a Financial Emergency.

Example 5: Judicial review · 3 marks · Short answerBoard level

Explain the power of judicial review. How does it protect the Constitution?

Try it first, then show the solutionSolution

Judicial review is the power of the Supreme Court to examine the constitutional validity of laws made by Parliament and state legislatures and of executive orders.
If a law or order violates the Constitution, the Court declares it ultra vires, null and void.
This keeps the legislature and executive within their limits and protects Fundamental Rights, making the Court the guardian of the Constitution.

Answer: Judicial review is the Supreme Court's power to examine whether laws and executive orders are consistent with the Constitution and to declare void those that are not. It keeps the government within constitutional limits and protects citizens' Fundamental Rights.

Example 6: Prohibition versus certiorari · 3 marks · Short answerHarder board level

Distinguish between the writs of prohibition and certiorari.

Try it first, then show the solutionSolution

Both are issued by a higher court to a lower court or tribunal acting beyond its jurisdiction.
Prohibition is issued while proceedings are pending, to stop the lower court from continuing.
Certiorari is issued after the lower court has decided, to quash the order, or to transfer the case to the higher court.

Answer: Both correct lower courts that exceed their jurisdiction. Prohibition is preventive: it stops a lower court from continuing with a pending case. Certiorari is corrective: it quashes an order already passed or transfers the case to the higher court.

Example 7: Guardian of the Constitution · 4 marks · Long answerHOTS / competency

'The Supreme Court is the guardian of the Constitution and the protector of Fundamental Rights.' Justify the statement with four points.

Try it first, then show the solutionSolution

Through judicial review it strikes down laws and executive orders that violate the Constitution.
It is the final interpreter of the Constitution through its appellate jurisdiction in constitutional cases.
Under Article 32 it issues writs to enforce Fundamental Rights directly.
Its original jurisdiction settles Centre-state and inter-state disputes, protecting the federal balance; its independence lets it act without fear.

Answer: (1) Judicial review lets it invalidate unconstitutional laws and orders. (2) Its decisions on constitutional appeals are the final word on what the Constitution means. (3) It enforces Fundamental Rights through writs under Article 32. (4) It settles disputes between the Union and states, protecting federalism, and its independence lets it act without fear of the government.

Case-study practice (Section B style)

Read the situation, then answer every part. In the board paper this is a 10-mark question split into 3 + 3 + 4 marks.

Three petitions in one week

Read the following and answer.

'On Monday, a state filed a suit against the Union Government over sharing of tax revenue. On Wednesday, the President asked the Court for its opinion on whether a proposed law would be valid. On Friday, the Court agreed to reconsider one of its own judgments delivered a month ago after a new document came to light.'

(i) · 3 marks
Name the jurisdiction under which each of the three matters is heard.
Answer
Answer: Monday: original jurisdiction (Union versus state, Article 131). Wednesday: advisory jurisdiction (Article 143). Friday: revisory jurisdiction (Article 137).
1 mark each.
(ii) · 3 marks
Is the President bound by the Court's opinion on Wednesday? Why is the Court's Friday power not the same as judicial review?
Answer
Answer: No, advisory opinions are not binding on the President. Revisory jurisdiction is the review of the Court's own judgment, whereas judicial review is the examination of laws and executive orders for constitutional validity.
1 mark for not binding; 2 marks for the distinction.
(iii) · 4 marks
State four ways in which the Constitution ensures the independence of the judges who decide such matters.
Answer
Answer: (1) Appointment by the President in consultation with the Chief Justice and senior judges. (2) Security of tenure until 65, removable only by a special address of both Houses. (3) Salaries charged on the Consolidated Fund, not reducible during the term except in a Financial Emergency. (4) No practice in any Indian court after retirement (also: conduct not discussed in Parliament; power to punish for contempt).
1 mark per point.

Where the marks are

How a typical answer is split into step marks. Show every step: a right final answer alone rarely earns full marks.

Explain the writs of habeas corpus and mandamus. (2 marks) (2 marks)

Step	Marks
Habeas corpus: produce the detained person; release if unlawful.	1
Mandamus: command a public authority to perform its duty.	1

What is the composition of the Supreme Court? Why is it a Court of Record? (3 marks) (3 marks)

Step	Marks
Chief Justice and up to 33 other judges.	1
Judgments recorded and binding as precedents/evidence.	1
Power to punish for contempt.	1

Meaning of original jurisdiction and three cases. (4 marks) (4 marks)

Step	Marks
Meaning: hears a case first, not on appeal.	1
Union versus state(s).	1
State versus state.	1
Fundamental Rights under Article 32.	1

Where students lose marks in The Supreme Court

The slips examiners see most often, and what to write instead.

Mistake: Writing the composition as '34 judges'
CISCE examiners' comments, 2024: candidates confused or wrote the composition incorrectly; examiners want the Chief Justice and 33 other judges.
Wrong working
The Supreme Court has 34 judges.
Right working
The Supreme Court consists of the Chief Justice of India and not more than 33 other judges.
Do this: Always name the Chief Justice separately.
Usually costs: 1 mark.
Mistake: Confusing judicial review with revisory jurisdiction
CISCE examiners' comments, 2024: candidates confused judicial review with revisory jurisdiction; in 2025, many lacked clarity on judicial review.
Wrong working
Judicial review means the Supreme Court can review its own judgments.
Right working
Judicial review means examining laws and executive orders for constitutional validity; reviewing its own judgments is revisory jurisdiction.
Do this: Revisory looks back at itself; judicial review looks at laws.
Usually costs: Up to 3 marks.
Mistake: Giving High Court cases for the Supreme Court's original jurisdiction
CISCE examiners' comments, 2024: candidates confused the original jurisdiction of the High Court with that of the Supreme Court.
Wrong working
Original jurisdiction: marriage, divorce and will cases.
Right working
Original jurisdiction of the Supreme Court: Union versus states, state versus state, Fundamental Rights.
Do this: Supreme Court original = governments in dispute; High Court original = matters such as wills, marriage, election petitions.
Usually costs: Up to 3 marks.
Mistake: Saying the Supreme Court's original jurisdiction over Fundamental Rights is exclusive
Students forget Article 226.
Do this: Write that it is original but shared with High Courts.
Usually costs: 1 mark in an assertion-reason item.

Practice questions on The Supreme Court

Write each answer on paper first. Open the hint only if you are stuck, and the answer only when you have finished.

Q1 · 1 mark · MCQBoard level
The retirement age of a Supreme Court judge is:
(a) 60
(b) 62
(c) 65
(d) 70
Hint
Higher than for High Courts.
Answer
(c) 65.
Q2 · 1 mark · MCQBoard level
Which writ is issued to stop a lower court from continuing a case beyond its jurisdiction?
(a) Certiorari
(b) Prohibition
(c) Mandamus
(d) Quo warranto
Hint
Before the decision.
Answer
(b) Prohibition.
Q3 · 2 marks · Very short answerHarder board level
A person appointed as a vice-chancellor of a state university does not meet the qualifications laid down by law. Which writ can be sought and what is its meaning?
Hint
'By what authority?'
Answer
Quo warranto, meaning 'by what authority'. The court asks him to show his legal right to hold the public office and removes him if he has none.
Q4 · 2 marks · Very short answerHarder board level
State any two cases in which a criminal appeal lies to the Supreme Court.
Hint
Death sentences by a High Court.
Answer
(1) When the High Court has on appeal reversed an acquittal and sentenced the accused to death. (2) When the High Court has withdrawn a case from a lower court, tried it and sentenced the accused to death (also: when the High Court certifies the case fit for appeal).
Q5 · 2 marks · Very short answerBoard level
What is meant by special leave to appeal?
Hint
Article 136.
Answer
Under Article 136 the Supreme Court may, at its discretion, allow an appeal against any judgment or order of any court or tribunal in India, except military tribunals, even if no right of appeal exists.
Q6 · 3 marks · Short answerBoard level
Explain the advisory jurisdiction of the Supreme Court. Is the advice binding?
Hint
Article 143.
Answer
Under Article 143 the President may refer any question of law or fact of public importance to the Supreme Court for its opinion. The Court considers it and reports its opinion to the President. The opinion is not binding on the President, and the Court may decline to answer in some cases.
Q7 · 3 marks · Short answerHOTS / competency
Why are judges' salaries charged on the Consolidated Fund of India? Give two reasons linked to independence.
Hint
Not voted by Parliament.
Answer
(1) Expenditure charged on the Consolidated Fund is not put to the vote of Parliament, so the legislature cannot use the judges' pay to pressure them. (2) Salaries cannot be reduced to a judge's disadvantage during the term (except in a Financial Emergency), so the executive cannot punish judges for unwelcome judgments. Both let judges decide without fear.
Q8 · 4 marks · Long answerHarder board level
Explain how a Supreme Court judge can be removed. Why is the process made difficult?
Hint
Grounds, majority, President's order.
Answer
Grounds: proved misbehaviour or incapacity. Each House must pass an address, in the same session, supported by a majority of its total membership and two-thirds of members present and voting; the President then orders removal. The process is difficult so that judges cannot be removed for political reasons or for giving judgments the government dislikes, which secures their independence.
Q9 · 3 marks · Short answerHOTS / competency
A High Court has decided a case about the interpretation of a constitutional provision. Explain how the case can reach the Supreme Court in two different ways.
Hint
Certificate; special leave.
Answer
(1) The High Court can certify that the case involves a substantial question of law about the interpretation of the Constitution, giving a right of appeal to the Supreme Court. (2) If the High Court refuses a certificate, the party can ask the Supreme Court for special leave to appeal under Article 136, which it may grant at its discretion.

Test your recall

Answer in your head or on paper first, then open the card. Pulling an answer out of memory makes it stick far better than re-reading.

1.Under which Article can a citizen move the Supreme Court for Fundamental Rights?Show answer
Article 32.
2.Which Article makes the Supreme Court a Court of Record?Show answer
Article 129.
3.What does 'certiorari' do?Show answer
Quashes an order of a lower court passed beyond its jurisdiction, or transfers the case to a higher court.
4.Is advisory opinion binding on the President?Show answer
No.
5.Name the three qualifications routes for a Supreme Court judge.Show answer
High Court judge for 5 years, High Court advocate for 10 years, or distinguished jurist.
6.Who appoints Supreme Court judges?Show answer
The President, after consultation (in practice on the collegium's recommendation).

Best order to study it

Composition, qualifications, appointment, tenure and removal.
Independence of the judiciary: learn at least six safeguards.
Original jurisdiction, with three specific kinds of cases.
Appellate jurisdiction: constitutional, civil, criminal and special leave.
Advisory and revisory jurisdiction; then judicial review and Court of Record, contrasting them.
Five writs with meanings and a situation for each.

Quick revision checklist

The night before the exam: can you do each of these without looking?

Chief Justice + up to 33 judges; President appoints after consultation.
Qualifications: HC judge 5 years / HC advocate 10 years / distinguished jurist.
Retire at 65; removal by address of both Houses with special majority.
Independence: tenure, salaries on Consolidated Fund, no practice after retirement, contempt power.
Original (Art. 131): Union versus states, states versus states; Art. 32 for Fundamental Rights.
Appellate: constitutional, civil, criminal; special leave (Art. 136).
Advisory (Art. 143): not binding. Revisory (Art. 137): reviews own judgments.
Judicial review: strikes down unconstitutional laws and orders.
Court of Record (Art. 129): judgments as precedents; punishes contempt.
Writs: habeas corpus, mandamus, prohibition, certiorari, quo warranto.

The Supreme Court: frequently asked questions

How many judges does the Supreme Court have?

The Chief Justice of India and not more than 33 other judges, a total of 34. Parliament can change the number by law.

What is the collegium?

A body of the Chief Justice of India and the senior-most judges of the Supreme Court that recommends appointments of judges. The President makes the appointments on its recommendation.

What is the difference between Article 32 and Article 226?

Article 32 lets the Supreme Court issue writs to enforce Fundamental Rights. Article 226 lets High Courts issue writs for Fundamental Rights and also for other legal rights, so a High Court's writ jurisdiction is wider.

Based on: CISCE ICSE 2027 History & Civics syllabus (H.C.G. Paper 1); CISCE ICSE 2027 Specimen Question Paper and Marking Scheme, History & Civics (501)