Indian Judiciary — Supreme Court, High Courts & Judicial Review

Constitutional Framework

India has an integrated judicial system with the Supreme Court at the apex, High Courts at the state level, and subordinate courts at the district level. Unlike the USA (which has separate federal and state court systems), Indian courts handle both central and state laws.

The judiciary is the guardian of the Constitution and protector of Fundamental Rights.

Supreme Court of India

Composition (Article 124)

Qualifications (Article 124(3))

A person to be appointed as a Supreme Court Judge must:

• Be a citizen of India
• Have been a High Court Judge for at least 5 years, OR
• Have been an Advocate of a High Court for at least 10 years, OR
• Be a distinguished jurist in the opinion of the President

Appointment of Judges

Collegium System (Current Method)

• Evolved through three Judges Cases (not mentioned in the Constitution)
• First Judges Case (1981) — S.P. Gupta v. Union of India: President's primacy in appointing judges; "consultation" does not mean "concurrence"
• Second Judges Case (1993) — Supreme Court Advocates-on-Record Association: CJI's opinion has primacy; introduced the Collegium (CJI + 2 senior-most judges)
• Third Judges Case (1998) — Presidential reference: Expanded Collegium to CJI + 4 senior-most judges for Supreme Court appointments

NJAC (Struck Down)

• 99th Constitutional Amendment Act, 2014 — Created the National Judicial Appointments Commission (NJAC) consisting of:
  • CJI (Chairperson)
  • 2 senior-most SC Judges
  • Union Law Minister
  • 2 eminent persons (nominated by PM, CJI, and Leader of Opposition)
• Supreme Court Advocates-on-Record Association v. Union of India (2015) — SC struck down the 99th Amendment and the NJAC Act as unconstitutional, holding that it violated the independence of the judiciary (a Basic Structure feature)

Removal of Judges (Article 124(4))

• Only by impeachment — an order of the President after an address by each House of Parliament supported by:
  • Special majority in each House (majority of total membership + 2/3rd of members present and voting)
• Grounds: Proved misbehaviour or incapacity
• No SC Judge has ever been successfully impeached
  • Justice V. Ramaswami (1993) — impeachment motion failed in Lok Sabha
  • Justice Soumitra Sen (2011) — Rajya Sabha passed but he resigned before Lok Sabha could vote

Jurisdiction of the Supreme Court

1. Original Jurisdiction (Article 131)

• Disputes between:
  • Government of India and one or more States
  • Government of India and any State(s) on one side vs. one or more States on the other
  • Two or more States
• Excludes: disputes arising out of pre-Constitutional treaties/agreements

2. Writ Jurisdiction (Article 32)

• Power to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) for enforcement of Fundamental Rights
• Dr. Ambedkar called Article 32 the "heart and soul" of the Constitution

3. Appellate Jurisdiction

4. Advisory Jurisdiction (Article 143)

• President can seek SC's opinion on questions of law or fact of public importance
• SC's advice is not binding on the President
• Examples:
  • Delhi Laws Act case (1951)
  • Berubari Union case (1960)
  • Cauvery Water Dispute (1992)
  • 2G Spectrum case reference

5. Court of Record (Article 129)

• Proceedings are recorded and can be used as evidence
• Power to punish for contempt of court (civil and criminal contempt)

Judicial Review

The power of the judiciary to examine the constitutionality of legislative enactments and executive orders. If found violative of the Constitution, they can be declared void.

Judicial Review vs. Judicial Activism

Public Interest Litigation (PIL)

Introduced in the late 1970s–early 1980s by Justice P.N. Bhagwati and Justice V.R. Krishna Iyer.

Key Features

• Any public-spirited citizen can file a petition on behalf of disadvantaged persons
• Relaxation of locus standi (the petitioner need not be directly affected)
• Can be filed through a simple letter to the Chief Justice
• Filed under Article 32 (SC) or Article 226 (HC)

Landmark PILs

High Courts (Articles 214–231)

Article 226 vs. Article 32

Subordinate Courts (Articles 233–237)

• District Courts — highest court at the district level
• Headed by the District Judge (appointed by the Governor in consultation with the HC)
• Below: Civil Courts, Criminal Courts (Sessions Court, Magistrate Courts)
• Gram Nyayalayas Act, 2008 — village courts for speedy justice in rural areas
• Lok Adalats (Legal Services Authorities Act, 1987) — alternative dispute resolution; decisions are final and binding

Key Articles at a Glance

Important for UPSC

Prelims Focus

• SC strength: 34 judges (CJI + 33); retirement at 65; HC judges at 62
• Collegium: CJI + 4 senior-most judges (Third Judges Case, 1998)
• NJAC struck down in 2015 (99th Amendment)
• Article 32 vs. 226 — scope and differences
• Types of jurisdiction — Original (131), Appellate (132–136), Advisory (143)
• Number of High Courts: 25

Mains GS-2 Dimensions

• Collegium system vs. NJAC — which better ensures judicial independence?
• Judicial activism: saviour of rights or judicial overreach?
• Pendency crisis — over 5 crore cases pending; reforms needed
• PIL: democratisation of justice or misuse for publicity?
• Should there be a fixed tenure for CJI instead of seniority-based appointment?

Interview Angles

• "Is the judiciary too powerful in India?"
• "How would you reform the appointment process for judges?"
• "Should there be a time limit for courts to decide cases?"

Previous Year Questions (PYQs)

Prelims

Q. With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid. 2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India. Which of the statements given above is/are correct? (CSE Prelims 2019) (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Answer: (d) — High Courts retain the power to examine the constitutional validity of central laws (Articles 226, 227). The Supreme Court can question constitutional amendments that violate the Basic Structure (Kesavananda Bharati, 1973).

Q. With reference to the writs issued by the Courts in India, consider the following statements: 1. Mandamus will not lie against a private organisation unless it is entrusted with a public duty. 2. Mandamus will not lie against a Company even though it may be a Government Company. 3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto. Which of the statements given above are correct? (CSE Prelims 2022) (a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3 Answer: (c) — Mandamus can be issued against a Government Company (Statement 2 is wrong). Quo Warranto can be sought by any public-spirited citizen (Statement 3 is correct).

Q. A Writ of Prohibition is an order issued by the Supreme Court or High Courts to: (CSE Prelims 2024) (a) A government officer prohibiting him from taking a particular action (b) A subordinate officer prohibiting him from acting beyond authority (c) The lower court prohibiting continuation of proceedings in a case (d) The Government prohibiting it from following an unconstitutional policy Answer: (c) — A Writ of Prohibition is issued by a higher court to a lower court or tribunal to prevent it from exceeding its jurisdiction or usurping jurisdiction it does not possess.

Q. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement? (CSE Prelims 2018) (a) Article 14 and the provisions under the 42nd Amendment to the Constitution (b) Article 17 and the Directive Principles of State Policy in Part IV (c) Article 21 and the freedoms guaranteed in Part III (d) Article 24 and the provisions under the 44th Amendment to the Constitution Answer: (c) — The SC in K.S. Puttaswamy v. Union of India (2017) held Right to Privacy as a fundamental right under Article 21 and the freedoms in Part III.

Mains

Q. Explain the reasons for the growth of public interest litigation in India. As a result of it, has the Indian Supreme Court emerged as the world's most powerful judiciary? (CSE Mains 2024, GS Paper 2, 15 marks)

Q. Starting from inventing the 'basic structure' doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy. (CSE Mains 2014, GS Paper 2, 12.5 marks)

Q. "Constitutionally guaranteed judicial independence is a prerequisite of democracy." Comment. (CSE Mains 2023, GS Paper 2, 10 marks)

Current Affairs Connect

Link these static concepts with live developments:

Exam tip: Maintain a running list of landmark SC judgments from the past year. Read Ujiyari's polity coverage to stay updated — SC rulings are the most asked current affairs in Prelims.

Sources: Supreme Court of India, Constitution of India, PRS India — NJAC, National Portal