The Supreme Court

ICSE Class 10 · History & Civics · Chapter 5

What this chapter covers

The Judiciary and the place of the Supreme Court
Composition of the Supreme Court
Qualifications of judges
Appointment of judges
Independence of the judiciary
Jurisdiction and functions: an overview
Original jurisdiction
Appellate jurisdiction
Advisory jurisdiction
Revisory jurisdiction
Judicial review
Court of record
Enforcement of Fundamental Rights and writs

Key definitions

Habeas corpus is a writ that orders a person who has detained another to produce the detained person before the court, so that the court can examine whether the detention is lawful.

Mandamus is a writ issued by a court commanding a public official, public body, corporation, lower court or government to perform a public duty that it is legally bound to perform but has failed or refused to perform.

Prohibition is a writ issued by a higher court to a lower court or tribunal, forbidding it from continuing with a case that is beyond its jurisdiction.

Certiorari is a writ issued by a higher court to a lower court or tribunal, ordering it to send the record of a case already decided, so that the higher court can quash the decision if the lower court acted without jurisdiction or in error of law.

Quo warranto is a writ that requires a person holding a public office to show by what authority he or she holds it, and that removes the person if the claim is not valid.

Key points

The Supreme Court, set up on 28 January 1950 and sitting in New Delhi, is the highest court of India's single, integrated judiciary.
It consists of the Chief Justice of India and not more than 33 other judges; Parliament can change the number by law.
A judge must be a citizen of India and either a High Court judge for five years, a High Court advocate for ten years, or a distinguished jurist.
Judges are appointed by the President after consultation with the Chief Justice and senior judges; under the collegium system the Chief Justice and four senior-most judges recommend names.
The senior-most judge is, by convention, appointed Chief Justice of India; judges retire at 65.
Independence is secured by the mode of appointment, security of tenure, a difficult removal procedure, salaries charged on the Consolidated Fund, no reduction of salary, no discussion of conduct in the legislature, a ban on practice after retirement, control over staff and the contempt power.
Original jurisdiction covers Union–state and inter-state disputes (exclusive), election disputes of the President and Vice-President, and writ petitions under Article 32.
Appellate jurisdiction covers constitutional, civil and criminal appeals from High Courts, and appeals by special leave from any court except military tribunals.
Advisory jurisdiction lets the President seek the Court's opinion under Article 143; the opinion is not binding.
Revisory jurisdiction under Article 137 lets the Court review and correct its own judgments.
Judicial review lets the Court strike down laws and orders that violate the Constitution; even amendments cannot alter the basic structure.
As a court of record, its judgments are binding precedents and it can punish for contempt.
Under Article 32 the Court enforces Fundamental Rights through five writs: habeas corpus, mandamus, prohibition, certiorari and quo warranto.

Questions answered

Define judiciary. What is the position of the Supreme Court in the Indian judicial system?

The judiciary is the organ of government that interprets laws, settles disputes and punishes law-breakers. The Supreme Court is at the top of India's single, integrated system of courts, and its decisions bind all other courts.

State the present composition of the Supreme Court.

The Chief Justice of India and not more than 33 other judges, 34 in all; Parliament may change the number by law.

Mention the qualifications for appointment as a judge of the Supreme Court.

A citizen of India who has been a High Court judge for at least five years, or a High Court advocate for at least ten years, or is a distinguished jurist in the President's opinion.

Who appoints the judges of the Supreme Court? What is the collegium?

The President appoints them after consulting the Chief Justice and other judges. The collegium is the Chief Justice of India and the four senior-most judges, who recommend names for appointment.

Explain the procedure for removing a judge of the Supreme Court.

On grounds of proved misbehaviour or incapacity, each House of Parliament must pass a motion by a majority of its total membership and two-thirds of those present and voting, in the same session; the President then orders removal.

Why are the salaries of Supreme Court judges charged on the Consolidated Fund of India?

Charged expenditure is not voted by Parliament, so neither the legislature nor the executive can cut judges' pay to pressure them; this protects judicial independence.

Give two reasons why a retired judge is barred from practising law in India.

So that a sitting judge is not tempted to favour anyone in hope of later work, and so that a former judge's influence is not used in courts where he or she once presided.

What is meant by original jurisdiction? Name the disputes that fall under the exclusive original jurisdiction of the Supreme Court.

The power to hear a case first, not on appeal. Disputes between the Union 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.

Past board exam questions

ICSE 2027 sample paper · 1 mark

Ravi, a college student, was taken into police custody without being informed of the reasons for his arrest. His family was not told where he was detained, and he was not produced before a magistrate within 24 hours. Ravi’s parents filed a case in the Supreme Court requesting that the police produce Ravi before the court. Which writ will the court issue in this case?

Habeas Corpus
Certiorari
Prohibition
Mandamus

Show answer

Habeas Corpus

ICSE 2027 sample paper · 2 marks

Read the extract given below and answer the question that follows: In India, the Supreme Court can exercise advisory jurisdiction under Article 143 of the Constitution. With regard to the President, these opinions are purely advisory. Mention any two points about the Supreme Court that can be inferred from the given extract.

Show answer

Any two: 1. The President can refer any question of law or fact of public importance to the Supreme Court for its opinion (Article 143). 2. The Supreme Court may or may not give its opinion; the opinion is not executable like a judgement of the Court. 3. The opinion is merely advisory and is not binding on the President.

ICSE 2026 sample paper · 3 marks

The Supreme Court of India is the highest court of the Republic of India. With reference to the Supreme Court, answer the following questions: Who appoints the judges of the Supreme Court? What is the composition of the Supreme Court?

Show answer

1. The judges of the Supreme Court are appointed by the President (the Chief Justice after consulting judges of the Supreme Court and High Courts; other judges in consultation with the Chief Justice). 2. Composition: the Supreme Court consists of the Chief Justice of India and 33 other judges (34 in all); Parliament can change the number by law.

ICSE 2026 sample paper · 3 marks

The Supreme Court of India is the highest court of the Republic of India. With reference to the Supreme Court, answer the following questions: Under Article 129, the Supreme Court of India is called a Court of Record. Justify this statement with any three points.

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Any three: 1. Its judgements, orders and proceedings are preserved as records for perpetual memory. 2. These records have evidentiary value and can be cited as precedents in any court; they are binding on all lower courts. 3. It has the power to punish for contempt of itself (and of lower courts). 4. As the guardian of the Constitution, its recorded judgements serve as future references for interpreting the law.

ICSE 2026 sample paper · 4 marks

The Supreme Court of India is the highest court of the Republic of India. With reference to the Supreme Court, answer the following questions: Explain the following terms: (a) Revisory Jurisdiction (b) Original Jurisdiction

Show answer

(a) Revisory Jurisdiction: the Supreme Court can review (revise) its own judgements or orders to remove any error that might have crept in, because its judgements are binding like law. (b) Original Jurisdiction: cases that can be brought directly to the Supreme Court in the first instance, such as disputes between the Union and one or more States or between States, and cases for the enforcement of Fundamental Rights.

ICSE 2026 board paper · 3 marks

The single integrated system of judiciary has the Supreme Court at the apex. With reference to the Supreme Court, answer the following questions: What is the term of the Supreme Court Judge? Mention any two qualifications required for a person to be a Supreme Court Judge.

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A Supreme Court judge holds office until he attains the age of 65 years (unless he resigns or is removed earlier). Qualifications (he must be a citizen of India and): 1. have been a judge of a High Court for at least 5 years; or 2. have been an advocate of a High Court for at least 10 years; or be a distinguished jurist in the opinion of the President.

ICSE 2026 board paper · 3 marks

The single integrated system of judiciary has the Supreme Court at the apex. With reference to the Supreme Court, answer the following questions: Mention any three ways in which the Constitution ensures the independence of the Judiciary.

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1. Security of tenure – judges can be removed only by an order of the President after an address passed by each House of Parliament by a special majority, on grounds of proved misbehaviour or incapacity. 2. Salaries and allowances are charged on the Consolidated Fund of India, are not voted on by Parliament and cannot be reduced during a judge's term (except in a financial emergency). 3. The conduct of judges cannot be discussed in Parliament (except during removal proceedings), and retired judges cannot practise in any court in India. (Also: power to punish for contempt of court.)

ICSE 2026 board paper · 4 marks

The single integrated system of judiciary has the Supreme Court at the apex. With reference to the Supreme Court, answer the following questions: Explain the following terms: (a) Advisory Jurisdiction (b) Judicial Review

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(a) Advisory Jurisdiction: 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 may give its advice, but the opinion is not binding on the President. (b) Judicial Review: The power of the Supreme Court to examine the constitutional validity of laws passed by the legislatures and of orders of the executive, and to declare them null and void if they violate the Constitution or the Fundamental Rights.