Supreme Court of India and Supreme Court of the USA: A Comparison (ISC Class 12)
Updated 17 October 2026 · Fact-checked
Both are the highest courts and guardians of their constitutions. The Indian Supreme Court has up to 34 judges who retire at 65, and original, appellate and advisory jurisdiction. The US Supreme Court has nine justices who serve for life during good behaviour, with original and appellate jurisdiction only and no advisory jurisdiction.
Understand The Supreme Courts of India and the USA Compared
Why this topic matters. The syllabus asks for the composition (strength and tenure only) of both courts, the Indian Supreme Court's original, appellate and advisory jurisdiction, the American Supreme Court's original and appellate jurisdiction only, and a comparative study. The limits matter: do not write about the American Court's other powers or about the composition beyond strength and tenure.
1. Composition.
| Basis | India | USA |
|---|---|---|
| Strength | Chief Justice of India and not more than 33 other judges (34 in all, fixed by Parliament; Parliament can change it) | Chief Justice and eight Associate Justices (nine in all, fixed by Congress by law; the Constitution does not state the number) |
| Tenure | Until age 65, unless resigned or removed | For life, during good behaviour |
| Removal | Order of the President after an address by each House by special majority on proved misbehaviour or incapacity (Article 124(4)) | Impeachment by the House and conviction by two-thirds of the Senate |
2. Jurisdiction of the Supreme Court of India.
*Original jurisdiction (Article 131).* Disputes between the Government of India and one or more states; between the Union and some states on one side and other states on the other; and between two or more states. The dispute must concern a question of law or fact on which a legal right depends. Individuals cannot bring such cases. *Article 32* also lets any person approach the Court directly for the enforcement of Fundamental Rights (writ jurisdiction).
*Appellate jurisdiction (Articles 132 to 136).* The highest court of appeal: constitutional cases (Article 132), civil cases (Article 133), criminal cases (Article 134) on certificate of the High Court on stated grounds, and special leave to appeal from any court or tribunal (Article 136) at the Court's discretion.
*Advisory jurisdiction (Article 143).* The President may refer to the Court a question of law or fact of public importance. The Court may give its opinion, and the opinion is not binding on the President. Example: the Presidential Reference on the Kerala Education Bill, 1958.
*Other related powers (for context).* The Court is a court of record (Article 129); its decisions are binding on all courts (Article 141); it can do complete justice in a case before it (Article 142).
3. Jurisdiction of the Supreme Court of the USA (original and appellate only).
*Original jurisdiction (Article III).* Cases affecting ambassadors, other public ministers and consuls, and cases in which a state is a party. The Court has only a small number of such cases.
*Appellate jurisdiction.* Most of its work. It hears appeals from the lower federal courts (the courts of appeals) and from the highest state courts, in cases that involve federal questions, such as the interpretation of the Constitution, federal law or treaties. The Court usually chooses its cases by granting a writ of certiorari, so it hears only a small number of the thousands of petitions it receives. Congress regulates the extent of appellate jurisdiction by law.
*No advisory jurisdiction.* The American Court gives opinions only in actual cases and controversies, not on questions referred by the President.
4. Comparison (comparative study).
| Basis | Supreme Court of India | Supreme Court of the USA |
|---|---|---|
| Strength | Up to 34 | Nine |
| Tenure | Until 65 | For life during good behaviour |
| Jurisdiction | Original, appellate, advisory | Original and appellate |
| Advisory opinions | Yes, on a reference by the President (Article 143) | No |
| Writs | Article 32: direct petition for Fundamental Rights | No equivalent constitutional right of direct petition |
| Judicial review | Express provisions; also basic structure review of amendments | Implied; established by Marbury v. Madison (1803) |
| Constitution it guards | Federal with unitary spirit; detailed text | Federal; short, rigid text |
| Selection of cases | Wide: appeals as of right on certificate, special leave | Selective: certiorari |
5. Similarities. Both are highest courts of appeal, guardians of the Constitution, umpires of the federal system, and independent of the executive and legislature.
The Supreme Courts of India and the USA Compared: key facts
- Indian Supreme Court
- 34 judges
- Retire at 65
- Original: Article 131
- Appellate: Articles 132 to 136
- Advisory: Article 143
- Strength and tenure only.
- American Supreme Court
- Nine justices
- Life tenure during good behaviour
- Original: ambassadors, states
- Appellate: lower federal and state courts
- Certiorari
- No advisory jurisdiction
- Original and appellate only.
- Removal of judges
- India: address of both Houses by special majority | USA: impeachment and two-thirds of Senate
- Different processes.
- Key contrasts
- 34 versus 9
- 65 years versus life
- Advisory yes versus no
- Article 32 versus none
- Use in a comparison.
How to answer The Supreme Courts of India and the USA Compared questions
Expect 4 to 6 mark questions on the jurisdiction of the Indian Supreme Court, or a comparison of the two courts.
- 1Write composition as strength and tenure only.
- 2List the three Indian jurisdictions with Articles and one example each.
- 3List the two American jurisdictions only.
- 4For comparison, use a table or paired points: strength, tenure, jurisdiction, advisory powers, writs.
- 5End with the main contrast: advisory jurisdiction exists only in India.
The Supreme Courts of India and the USA Compared 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.
Dispute between two units
Suppose two houses of a school, which are separate units of the school, disagree about the use of the sports ground and can take the matter only to the principal and no lower authority.
Which jurisdiction does this resemble in the Indian Supreme Court?
Try it first, then show the solutionSolution
- A dispute between units of a larger body that only the highest authority can hear resembles original jurisdiction under Article 131.
Answer: Original jurisdiction, as in disputes between states.
Memory hook: Units quarrel, go straight to the top.
Advice before a decision
Imagine a head asking a senior committee, "Is my plan within the rules?" before acting and not being bound to follow the answer.
Which jurisdiction does this resemble, and which country's court does not have it?
Try it first, then show the solutionSolution
- Seeking an opinion on a question of law before acting resembles advisory jurisdiction under Article 143.
- The American Supreme Court does not give advisory opinions.
Answer: Advisory jurisdiction; the American Supreme Court does not have it.
Memory hook: Advice is Indian; cases only are American.
Tricks to remember The Supreme Courts of India and the USA Compared
Short memory aids. Say each one aloud once, then use it on a question the same day.
Indian jurisdictions: O-A-A
Original, Appellate, Advisory.
Use it when: Three jurisdictions.
Numbers: 34, 65 and 9
34 judges, retire at 65; 9 justices serve for life.
Use it when: Composition recall.
Article 131 and 143
131 = disputes among governments; 143 = presidential reference.
Use it when: Article recall.
The Supreme Courts of India and the USA Compared: solved examples
Ordered from board level to HOTS. Try each one before you open the solution.
Example 1: Strength · 1 mark · MCQBoard level
What is the strength of the Supreme Court of India, including the Chief Justice?
(a) 9
(b) 25
(c) 31
(d) 34
Try it first, then show the solutionSolution
- Chief Justice plus up to 33 other judges: 34 (1 mark).
Answer: (d) 34
Example 2: Tenure · 2 marks · Very short answerBoard level
State the tenure of the judges of the Supreme Courts of India and the USA. (2 marks)
Try it first, then show the solutionSolution
- India: until the age of 65 (1 mark).
- USA: for life during good behaviour (1 mark).
Answer: Judges of the Supreme Court of India hold office until they reach the age of 65, unless they resign or are removed. Justices of the American Supreme Court hold office for life, during good behaviour.
Example 3: Assertion and reason · 1 mark · Assertion-reasonHarder board level
Assertion (A): The American Supreme Court has no advisory jurisdiction.
Reason (R): It decides only actual cases and controversies brought before it.
(a) Both A and R are true and R is the correct explanation of A.
(b) Both A and R are true but R is not the correct explanation of A.
(c) A is true but R is false.
(d) A is false but R is true.
Try it first, then show the solutionSolution
- Both true; R is the reason (1 mark).
Answer: (a) Both A and R are true and R is the correct explanation of A.
Example 4: Original jurisdiction · 4 marks · Short answerHarder board level
Explain the original jurisdiction of the Supreme Court of India and say who cannot invoke it. (4 marks)
Try it first, then show the solutionSolution
- Article 131 and disputes covered (2 marks).
- Individuals cannot invoke it (1 mark).
- Article 32 as a related power (1 mark).
Answer: Under Article 131 the Supreme Court alone can hear disputes between the Government of India and one or more states, between the Union and some states on one side and other states on the other, and between two or more states, provided the dispute involves a question of law or fact on which the existence or extent of a legal right depends. Private individuals cannot bring such cases under Article 131. Separately, under Article 32 any person may directly move the Supreme Court to enforce Fundamental Rights.
Example 5: Comparison · 6 marks · Long answerHOTS / competency
Compare the Supreme Court of India with the Supreme Court of the USA on strength, tenure, jurisdiction and advisory powers. (6 marks)
Try it first, then show the solutionSolution
- Strength (1.5 marks).
- Tenure (1.5 marks).
- Jurisdiction (1.5 marks).
- Advisory (1.5 marks).
Answer: Strength: the Indian Supreme Court has the Chief Justice and not more than 33 other judges, 34 in all; the American Supreme Court has nine justices, a number fixed by Congress.
Tenure: Indian judges retire at 65; American justices serve for life during good behaviour.
Jurisdiction: the Indian Court has original jurisdiction (disputes between governments under Article 131, and writs under Article 32), appellate jurisdiction in constitutional, civil and criminal cases and by special leave, and advisory jurisdiction; the American Court has original jurisdiction over cases affecting ambassadors and those in which a state is a party, and a wide appellate jurisdiction over lower federal courts and state courts on federal questions, usually exercised by certiorari.
Advisory powers: under Article 143 the President of India may refer a question of public importance to the Court, whose opinion is not binding; the American Court gives no advisory opinions, deciding only actual cases.
Where students lose marks in The Supreme Courts of India and the USA Compared
The slips examiners see most often, and what to write instead.
Mistake: Adding powers of the American Court beyond the syllabus
Writing about judicial review in full.
Wrong working
Writing a long paragraph on other powers.
Right working
Original and appellate jurisdiction only.
Do this: Stay within the limits.
Usually costs: Time lost.
Mistake: Giving the American Court an advisory jurisdiction
Copying Indian features.
Wrong working
The US Supreme Court gives advisory opinions to the President.
Right working
It has no advisory jurisdiction.
Do this: Mark advisory as Indian only.
Usually costs: 1 to 2 marks.
Mistake: Writing 31 or 33 as the total in India
Using an old figure.
Wrong working
The Supreme Court of India has 31 judges.
Right working
34 including the Chief Justice (Parliament has increased it over time).
Do this: Use the current figure 34.
Usually costs: 1 mark.
Exam tips
- Composition means strength and tenure only.
- Quote Articles 131, 132 to 136 and 143.
- For the USA mention certiorari.
- End with the contrast: advisory jurisdiction in India only.
Practice questions on The Supreme Courts of India and the USA Compared
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
At what age do the judges of the Supreme Court of India retire?
(a) 60
(b) 62
(c) 65
(d) 70Hint
Fixed by the Constitution.
Answer
(c) 65.
Q2 · 2 marks · Very short answerHarder board level
What is meant by the advisory jurisdiction of the Supreme Court of India? Is the opinion binding? (2 marks)
Hint
Article 143.
Answer
Under 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 advisory and is not binding on the President.
Q3 · 1 mark · Assertion-reasonHarder board level
Assertion (A): The Supreme Court of India can hear an appeal from almost any court or tribunal in the country, except military tribunals, if it grants special leave.
Reason (R): Article 136 gives the Court a discretionary power to grant special leave to appeal.
(a) Both A and R are true and R is the correct explanation of A.
(b) Both A and R are true but R is not the correct explanation of A.
(c) A is true but R is false.
(d) A is false but R is true.Hint
Which Article is it?
Answer
(a) Both A and R are true and R is the correct explanation of A.
Q4 · 4 marks · Short answerHarder board level
Describe the original and appellate jurisdiction of the Supreme Court of the USA. (4 marks)
Hint
Ambassadors, states; certiorari.
Answer
Original jurisdiction: the Court hears cases affecting ambassadors, other public ministers and consuls, and cases in which a state is a party; there are only a few such cases. Appellate jurisdiction: it hears appeals from the federal courts of appeals and from the highest state courts in cases raising federal questions, such as the meaning of the Constitution, federal laws or treaties. It usually selects its cases by granting a writ of certiorari, and Congress can regulate the extent of this jurisdiction.
Q5 · 6 marks · Long answerHOTS / competency
Suppose the President of India refers to the Supreme Court a question about the legality of a proposed arrangement between two states. Explain which jurisdictions could be involved, how they differ and what the Court's answer would mean. (6 marks)
Hint
Advisory versus original; binding effect.
Answer
The President can use the advisory jurisdiction under Article 143 by referring a question of law or fact of public importance. The Court may give its opinion, but the opinion is only advisory and not binding on the President, although it carries great weight. If instead the two states were actually in dispute and one of them sued the other, the matter would fall under the original jurisdiction under Article 131, which the Court alone exercises, and its judgment would bind the parties and be binding as law under Article 141. The two jurisdictions differ in that advisory jurisdiction is invoked by the President and gives an opinion without deciding a dispute between litigants, while original jurisdiction decides a real dispute. The American Supreme Court has no advisory jurisdiction and could not be asked such a question; it decides only actual cases.
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.How many judges does the Supreme Court of India have at most?Show answer
34 including the Chief Justice.
2.How many justices does the US Supreme Court have?Show answer
Nine.
3.Which Article gives original jurisdiction in India?Show answer
Article 131.
4.Which Article gives advisory jurisdiction?Show answer
Article 143.
5.What is certiorari?Show answer
The writ by which the US Supreme Court chooses to hear an appeal.
The Supreme Courts of India and the USA Compared: frequently asked questions
Who appoints the judges of the Supreme Court of India?
The President, in practice on the recommendation of a collegium of senior judges.
Is the advisory opinion of the Indian Supreme Court binding?
No, it is not binding on the President.
Can individuals use the original jurisdiction under Article 131?
No, it covers disputes between governments; individuals may use Article 32 for Fundamental Rights.
Why is the US Supreme Court small?
Congress fixed nine as the number; the Constitution leaves it to Congress.