Supreme Court of India MCQ & Notes — Articles 124-147, Jurisdiction and Judicial Review for UPSC, SSC

Supreme Court of India MCQ & Notes — Articles 124–147, Jurisdiction and Judicial Review for UPSC, SSC

The Supreme Court of India (Part V, Chapter IV, Articles 124–147 of the Constitution) is the highest court of the land, the guardian of the Constitution and the final court of appeal. This guide covers composition, qualifications and appointment of judges, tenure and removal, the four types of jurisdiction, and judicial review — followed by 10 practice MCQs with answers.

Why This Topic Matters for Competitive Exams

The Supreme Court combines exact numbers (34 judges, 65-year retirement age, two-thirds majority for removal) with concept-heavy questions (types of jurisdiction, judicial review vs. judicial activism, the Collegium system), making it one of the most consistently tested topics in UPSC Prelims, SSC CGL/CHSL and State PSC/Judiciary exams.

Composition and Qualifications (Articles 124–124A)

• Article 124(1) — There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament provides otherwise, not more than 33 other judges — a total sanctioned strength of 34 judges.
• Article 124(3) — Qualifications for appointment as a Supreme Court judge: a person must be a citizen of India, and must have been either (a) a judge of a High Court (or two or more such courts in succession) for at least 5 years, or (b) an advocate of a High Court (or two or more such courts in succession) for at least 10 years, or (c) in the President's opinion, a distinguished jurist.
• Appointment — Judges are appointed by the President after consultation, following the Collegium system: the Collegium comprises the Chief Justice of India and the four senior-most judges of the Supreme Court, and its recommendation is binding on the government under the Second and Third Judges Cases (1993, 1998).
• Article 124A (inserted by the 99th Amendment, 2014, for the NJAC) was struck down by the Supreme Court in Supreme Court Advocates-on-Record Association v. Union of India (2015) as unconstitutional, restoring the Collegium system.

Tenure, Salary and Removal

• A Supreme Court judge holds office until the age of 65 years (Article 124(2)); a High Court judge retires at 62 years.
• Removal — A judge can be removed only on the ground of proved misbehaviour or incapacity, by an order of the President after an address by each House of Parliament, supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members present and voting, in the same session (Article 124(4)) — commonly called "impeachment," though this is a misnomer since it is a removal process, not a criminal trial.
• The salaries and allowances of Supreme Court judges are charged on the Consolidated Fund of India and cannot be reduced during their tenure except during a Financial Emergency.

Jurisdiction of the Supreme Court

Type	Basis	Key Points
Original Jurisdiction	Article 131	Disputes between the Government of India and one or more States, or between States — no other court can hear these
Writ Jurisdiction	Article 32	Enforcement of Fundamental Rights through writs — habeas corpus, mandamus, prohibition, quo warranto, certiorari; Article 32 is itself a Fundamental Right, called the "heart and soul" of the Constitution by Dr. B.R. Ambedkar
Appellate Jurisdiction	Articles 132–134	Appeals in constitutional, civil and criminal cases from High Courts, usually with a certificate of fitness
Advisory Jurisdiction	Article 143	The President may refer a question of law or fact of public importance to the Supreme Court for its opinion; the opinion is advisory, not binding
Special Leave Petition (SLP)	Article 136	Discretionary power to grant special leave to appeal from any court or tribunal in India (except military tribunals)

Judicial Review

Judicial review is the power of the Supreme Court (and High Courts) to examine the constitutional validity of legislative and executive actions and to strike down those that violate the Constitution. It flows from Articles 13, 32, 131–136, 143, 226 and 246, and was reinforced by the Kesavananda Bharati case (1973), which established the Basic Structure Doctrine — Parliament can amend the Constitution under Article 368, but cannot alter its "basic structure."

Supreme Court of India MCQ — Practice Questions

Q1. What is the sanctioned strength of judges (including the Chief Justice of India) in the Supreme Court?
A. 25 B. 30 C. 34 D. 40
Answer: C. 34

Q2. The minimum age of retirement for a Supreme Court judge is:
A. 60 years B. 62 years C. 65 years D. 70 years
Answer: C. 65 years (Article 124(2))

Q3. A person is qualified to be a Supreme Court judge if they have been a High Court judge for at least:
A. 3 years B. 5 years C. 7 years D. 10 years
Answer: B. 5 years (Article 124(3))

Q4. The Collegium recommending appointment of Supreme Court judges consists of the Chief Justice of India and how many senior-most judges?
A. 2 B. 3 C. 4 D. 5
Answer: C. 4

Q5. Under which Article does the Supreme Court have original jurisdiction over disputes between the Centre and States?
A. Article 131 B. Article 132 C. Article 136 D. Article 143
Answer: A. Article 131

Q6. Article 32, which allows citizens to move the Supreme Court to enforce Fundamental Rights, was called the "heart and soul" of the Constitution by:
A. Jawaharlal Nehru B. Dr. Rajendra Prasad C. Dr. B.R. Ambedkar D. Sardar Vallabhbhai Patel
Answer: C. Dr. B.R. Ambedkar

Q7. The Supreme Court's power to grant special leave to appeal from any court or tribunal is under:
A. Article 131 B. Article 132 C. Article 136 D. Article 141
Answer: C. Article 136

Q8. Advisory jurisdiction, under which the President may refer a question of public importance to the Supreme Court, is granted by:
A. Article 131 B. Article 136 C. Article 143 D. Article 226
Answer: C. Article 143

Q9. A Supreme Court judge can be removed on the ground of proved misbehaviour or incapacity by an address of Parliament supported by:
A. Simple majority of members present B. Majority of total membership and 2/3rds of members present and voting C. Unanimous vote D. Majority of the Rajya Sabha only
Answer: B. Majority of total membership and 2/3rds of members present and voting (Article 124(4))

Q10. The Basic Structure Doctrine, which limits Parliament's power to amend the Constitution, was laid down in which case?
A. Golaknath case (1967) B. Kesavananda Bharati case (1973) C. Minerva Mills case (1980) D. S.R. Bommai case (1994)
Answer: B. Kesavananda Bharati case (1973)

Frequently Asked Questions

Q. What is the difference between Article 32 and Article 226?
Article 32 empowers only the Supreme Court to issue writs for enforcing Fundamental Rights, and is itself a Fundamental Right. Article 226 empowers High Courts to issue writs for enforcing Fundamental Rights and for "any other purpose," giving High Courts a wider — though not exclusive — writ jurisdiction.

Q. Is the Collegium system mentioned in the Constitution?
No. The Collegium system is not mentioned in the original Constitution — it evolved through the Supreme Court's own judgments in the First, Second and Third Judges Cases (1981, 1993, 1998), interpreting the word "consultation" in Article 124(2) to mean "concurrence."

Q. Is the Supreme Court's advisory opinion under Article 143 binding on the government?
No. Advisory opinions under Article 143 are not binding, unlike the Supreme Court's judgments in original, appellate or writ jurisdiction, which are binding under Article 141.

Practice More on Indian Polity

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