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Supreme Court of India ICSE Class 10 Civics

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History & CivicsICSE Class 10 · The Supreme Court

The Supreme Court of India: Composition, Independence, Jurisdiction, Judicial Review and Writs (ICSE Class 10 Civics)

Updated 17 October 2026 · Fact-checked

The Supreme Court has a Chief Justice and up to 33 other judges, appointed by the President, who retire at 65. Its independence rests on security of tenure, fixed salary, bar on practice after retirement and difficult removal. Its jurisdictions are original, appellate, advisory and revisory; it exercises judicial review, is a Court of Record and issues five writs to enforce Fundamental Rights.

Notice that four safeguards hold up the roof of an independent judiciary; if one pillar is weakened, judges could be pressured.

Illustration drawn for QuestionBuddy.

Understand The Supreme Court: Composition, Independence, Jurisdiction and Writs

1. Composition and appointment. A Chief Justice of India and not more than 33 other judges (34 in all), a number Parliament can alter. The President appoints judges: the Chief Justice after consulting such judges as he thinks fit, others after consulting the Chief Justice. In practice a collegium of the senior-most judges recommends names.

2. Qualifications. A citizen of India who has (a) been a High Court judge for at least 5 years, or (b) been a High Court advocate for at least 10 years, or (c) in the President's opinion is a distinguished jurist.

3. Tenure and removal. Judges retire at 65. They can resign to the President. Removal needs an address by each House of Parliament in the same session, supported by a majority of its total membership and two-thirds of members present and voting, on proved misbehaviour or incapacity.

4. Independence of the judiciary. (i) Appointment by the President in consultation with the judges, not by politics alone. (ii) High qualifications. (iii) Security of tenure and difficult removal. (iv) Salaries charged to the Consolidated Fund, not voted by Parliament, and not reduced to a judge's disadvantage (except in a Financial Emergency). (v) Conduct of a judge cannot be discussed in Parliament except on a removal motion. (vi) A retired judge cannot practise before any court in India. (vii) Power to punish for contempt. (viii) Separation from the executive (Directive Principle, Article 50).

5. Original jurisdiction (Article 131). First hearing, exclusive to the Supreme Court, in disputes between the Centre and states or between states. Separately, Article 32 allows a person to go straight to the Court for Fundamental Rights (not exclusive, since High Courts can also hear it under Article 226).

6. Appellate jurisdiction. Appeals from High Courts in constitutional cases (substantial question about interpreting the Constitution), civil cases (substantial question of general importance) and criminal cases (for example, a death sentence after the High Court reverses an acquittal). Under Article 136 the Court may grant special leave to appeal against any court or tribunal order, except military tribunals.

7. Advisory and revisory. *Advisory* (Article 143): opinion on a question of law or fact of public importance referred by the President, not binding. *Revisory* (Article 137): the Court may review its own judgments.

8. Judicial review and Court of Record. Judicial review: the power to declare a law or executive order void if it violates the Constitution; it is about laws, not about reviewing the Court's own judgments. Court of Record (Article 129): its proceedings are preserved as precedents binding on all courts and it can punish contempt of itself.

9. Writs under Article 32. *Habeas corpus* (produce the person detained); *mandamus* (command a public official to do a duty); *prohibition* (higher court stops a lower court exceeding jurisdiction); *certiorari* (transfer or quash the order of a lower court); *quo warranto* (by what authority a person holds public office).

The Supreme Court: Composition, Independence, Jurisdiction and Writs: key facts

Composition
  • Chief Justice + not more than 33 judges
  • Total 34
  • Parliament can change
Not 34 other judges.
Qualifications
  • High Court judge 5 years
  • High Court advocate 10 years
  • Distinguished jurist
Three routes.
Tenure and removal
  • Age 65
  • Address by both Houses
  • Proved misbehaviour or incapacity
Retirement and removal.
Writs
  • Habeas corpus
  • Mandamus
  • Prohibition
  • Certiorari
  • Quo warranto
Five writs.

How to answer The Supreme Court: Composition, Independence, Jurisdiction and Writs questions

Expect composition and qualifications (3 marks), independence (4-6 marks), jurisdictions (6 marks) and writs (3-5 marks).

  1. 1Give numbers for composition: Chief Justice plus 33.
  2. 2For independence, list 4-5 safeguards with a short reason.
  3. 3For jurisdiction, give the name, the article and the typical case.
  4. 4For writs, give the Latin meaning and the purpose in one line.

The Supreme Court: Composition, Independence, Jurisdiction and Writs in real life

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

Safe from pressure

Suppose a referee is paid by the sports club board but the board cannot lower the pay, dismiss the referee at will, or discuss the referee's decisions on the notice board.

Which feature of the judiciary does this protect?

Try it first, then show the solutionSolution
  1. Fixed pay and no easy dismissal.
  2. Conduct cannot be freely criticised.
  3. This protects independence of decisions.

Answer: It resembles the independence of the judiciary: fixed salary, security of tenure and limits on discussing a judge's conduct.

Memory hook: Pay, post and protection.

Production of a person

Imagine a child has been kept in a room by a stranger, and the principal orders the stranger to bring the child to the office immediately.

Which writ does this resemble?

Try it first, then show the solutionSolution
  1. The order is to produce a person.
  2. It tests whether the detention is lawful.
  3. That is habeas corpus.

Answer: It resembles habeas corpus, which orders the detainer to produce the person before the court.

Memory hook: Bring the body.

Tricks to remember The Supreme Court: Composition, Independence, Jurisdiction and Writs

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

  • 1+33

    Chief Justice plus 33.

    Use it when: Composition.

  • 5-10-J

    5 years judge, 10 years advocate, jurist.

    Use it when: Qualifications.

  • H-M-P-C-Q

    Habeas, Mandamus, Prohibition, Certiorari, Quo warranto.

    Use it when: Writs.

The Supreme Court: Composition, Independence, Jurisdiction and Writs: solved examples

Ordered from board level to HOTS. Try each one before you open the solution.

Example 1: Composition · 3 marks · Short answerBoard level

State the composition of the Supreme Court and any two qualifications for its judges. [3]

Try it first, then show the solutionSolution
  1. Chief Justice and not more than 33 judges (1 mark).
  2. Two qualifications (2 marks).

Answer: The Court consists of a Chief Justice of India and not more than 33 other judges. A judge must be a citizen of India and have served as a High Court judge for at least 5 years, or as a High Court advocate for at least 10 years, or be a distinguished jurist in the opinion of the President.

Example 2: Writ meaning · 2 marks · Very short answerBoard level

What is the writ of habeas corpus? Give its purpose. [2]

Try it first, then show the solutionSolution
  1. Produce the detained person (1 mark).
  2. Protects personal liberty (1 mark).

Answer: Habeas corpus means to have the body: it orders the person who has detained someone to produce him before the court, so the court can decide if the detention is lawful and protect personal liberty.

Example 3: Independence · 4 marks · Short answerHarder board level

Explain any four ways in which the independence of the judiciary is secured in India. [4]

Try it first, then show the solutionSolution
  1. Each way with a short explanation (1 mark each).

Answer: The judges are appointed by the President in consultation with senior judges; they enjoy security of tenure and can be removed only by a special address of both Houses on proved misbehaviour or incapacity; their salaries are charged to the Consolidated Fund and cannot be voted on by Parliament; and a retired judge cannot practise before any court in India.

Example 4: Jurisdictions · 6 marks · Long answerHarder board level

Explain the original, appellate and advisory jurisdiction of the Supreme Court. [6]

Try it first, then show the solutionSolution
  1. Original (2 marks).
  2. Appellate (2 marks).
  3. Advisory (2 marks).

Answer: Original jurisdiction: it alone can hear disputes between the Centre and states or between states, and a person may approach it directly for Fundamental Rights under Article 32. Appellate jurisdiction: it hears appeals from High Courts in constitutional, civil and criminal cases and may grant special leave to appeal against any court or tribunal order except military tribunals. Advisory jurisdiction: under Article 143 the President may refer a question of law or fact of public importance, and the Court may give an opinion that is not binding.

Example 5: Case: a detention · 6 marks · Case-basedHOTS / competency

Case. A man says that a police officer has kept his brother in custody for several days without telling him why. (i) Which writ should he ask for? [1] (ii) Which article allows him to approach the Supreme Court? [1] (iii) What can the Court order? [2] (iv) Which right does the writ protect? [2]

Try it first, then show the solutionSolution
  1. (i) Habeas corpus (1 mark).
  2. (ii) Article 32 (1 mark).
  3. (iii) Produce the person; release if unlawful (2 marks).
  4. (iv) Personal liberty (2 marks).

Answer: (i) Habeas corpus. (ii) Article 32. (iii) The Court can order the police to produce the person before it and, if the custody is unlawful, order his release. (iv) The right to personal liberty, enforced as part of the right to constitutional remedies.

Where students lose marks in The Supreme Court: Composition, Independence, Jurisdiction and Writs

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

  • Mistake: Writing 34 other judges

    Misreading the total.

    Wrong working

    A Chief Justice and 34 other judges.

    Right working

    Chief Justice and not more than 33 other judges, 34 in all.

    Do this: Write 1 + 33.

    Usually costs: 1 mark.

  • Mistake: Confusing review with revision

    Both begin with re-.

    Wrong working

    Judicial review is review of the Court's own judgments.

    Right working

    Judicial review concerns laws; revisory jurisdiction concerns its own judgments.

    Do this: Link to laws.

    Usually costs: 2 marks.

  • Mistake: Original jurisdiction of High Court

    Mixing with the Supreme Court.

    Wrong working

    The Supreme Court tries all civil cases first.

    Right working

    Only disputes between the Centre and states or between states.

    Do this: Name the parties.

    Usually costs: 1-2 marks.

  • Mistake: Wrong writ for a purpose

    Mixing prohibition and certiorari.

    Wrong working

    Prohibition quashes an order already passed.

    Right working

    Prohibition stops proceedings; certiorari quashes or transfers.

    Do this: Before versus after.

    Usually costs: 1 mark.

Exam tips

  • Always write composition as one Chief Justice plus up to 33 others.
  • For writs give the English meaning and the purpose.
  • Use Article numbers: 32, 129, 131, 136, 137, 143.

Practice questions on The Supreme Court: Composition, Independence, Jurisdiction and Writs

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

  1. Q1 · 3 marks · Short answerBoard level

    Until what age do Supreme Court judges serve, and how can a judge be removed? [3]

    Hint

    65; address by Parliament.

    Answer

    They serve until 65. A judge can be removed by the President after each House of Parliament passes an address in the same session by a majority of its total membership and two-thirds of members present and voting, on proved misbehaviour or incapacity.

  2. Q2 · 4 marks · Short answerHarder board level

    Distinguish between judicial review and the revisory jurisdiction of the Supreme Court. [4]

    Hint

    Laws versus own judgments.

    Answer

    Judicial review is the power to examine whether a law or executive order is consistent with the Constitution and to declare it void if not. Revisory jurisdiction under Article 137 is the power to review its own judgments or orders, for example for an error apparent on the record or new evidence.

  3. Q3 · 5 marks · Short answerHarder board level

    Explain the writs of mandamus, prohibition and certiorari with their purposes. [5]

    Hint

    One line each.

    Answer

    Mandamus orders a public official or body to perform a public duty. Prohibition is issued by a higher court to stop a lower court from proceeding with a case outside its jurisdiction. Certiorari asks a lower court to send up a case or quashes an order it passed beyond its jurisdiction.

  4. Q4 · 5 marks · Short answerHarder board level

    Explain, with two examples of its powers, how the Supreme Court acts as the final interpreter of the Constitution and a refuge for the citizen. [5]

    Hint

    Review, Article 32, precedent.

    Answer

    It uses judicial review to strike down laws and orders that violate the Constitution. Under Article 32 a citizen may approach it directly for the enforcement of Fundamental Rights through writs. As a Court of Record its decisions bind all courts, so it settles the meaning of the Constitution.

  5. Q5 · 6 marks · Long answerHOTS / competency

    "A court that is dependent on the executive for pay and promotion cannot protect the citizen against the executive." Examine this statement with reference to the Supreme Court. [6]

    Hint

    Tenure, pay, removal, practice.

    Answer

    The statement is sound: a judge fearing dismissal or a cut in pay may hesitate to rule against the government. The Constitution therefore protects the Supreme Court: salaries are charged to the Consolidated Fund and not voted, tenure is secure till 65, removal needs a special majority in both Houses, the conduct of a judge cannot be discussed in Parliament except on a removal motion, and a retired judge cannot practise in court. These safeguards let the Court decide cases impartially even against the government.

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. 1.Who appoints judges of the Supreme Court?Show answer

    The President.

  2. 2.Retirement age?Show answer

    65 years.

  3. 3.Which article lets a citizen go straight to the Supreme Court for Fundamental Rights?Show answer

    Article 32.

  4. 4.Which writ asks by what authority?Show answer

    Quo warranto.

  5. 5.Which article makes it a Court of Record?Show answer

    Article 129.

  6. 6.Which jurisdiction concerns the President's reference?Show answer

    Advisory jurisdiction.

The Supreme Court: Composition, Independence, Jurisdiction and Writs: frequently asked questions

Is the opinion of the Supreme Court in an advisory case binding?

No, the President is not bound by it.

Can a judge be removed easily?

No, only by an address of both Houses on proved misbehaviour or incapacity.

What is a Court of Record?

A court whose proceedings are preserved as precedent and which can punish contempt.

Is Article 32 itself a Fundamental Right?

Yes, it is the right to constitutional remedies.