The Judiciary — Supreme Court, High Courts, Subordinate Courts

Introduction

The JUDICIARY is the THIRD organ of the government — the guardian of the CONSTITUTION and the protector of FUNDAMENTAL RIGHTS. 'ICSE examiners emphasise: India has an INTEGRATED and INDEPENDENT judiciary. The Supreme Court is the APEX court — its decisions BIND all other courts in India. Articles 124–147 deal with the Supreme Court. You must know the WRIT JURISDICTION thoroughly — this is ALWAYS tested.'


The Supreme Court of India

Composition (Article 124)

AspectDetail
Current Strength1 CHIEF JUSTICE OF INDIA (CJI) + 33 JUDGES (total 34)
AppointmentBy PRESIDENT — in consultation with the CJI and other senior judges. Now governed by the COLLEGIUM SYSTEM
Qualifications(a) Citizen of India. (b) Judge of a High Court for 5+ years OR Advocate of a High Court for 10+ years OR a DISTINGUISHED JURIST
TenureRetires at age 65
RemovalBy IMPEACHMENT — requires 2/3 majority in BOTH Houses (Article 124(4))

Judge vs Chief Justice

'Judges of the Supreme Court retire at 65. A Judge may RESIGN by addressing a letter to the President. The Chief Justice is the SENIOR-MOST judge of the Supreme Court — appointed based on SENIORITY convention.'


Jurisdiction of the Supreme Court

Original Jurisdiction (Article 131)

Disputes between:

  • Government of India vs ONE OR MORE States
  • Government of India vs States on ONE side vs OTHER States on the other
  • TWO OR MORE States
  • 'Original' = the case ORIGINATES in the Supreme Court (no lower court)

Writ Jurisdiction (Article 32) — 'The Heart of Fundamental Rights'

'Article 32 is called the "HEART AND SOUL" of the Constitution (Dr. B.R. Ambedkar). A citizen can DIRECTLY approach the Supreme Court for enforcement of FUNDAMENTAL RIGHTS.'

WritMeaningPurpose
HABEAS CORPUS'You may have the body'Release a person ILLEGALLY detained — produced BEFORE the court
MANDAMUS'We command'Order a PUBLIC OFFICIAL to perform a LEGAL DUTY
PROHIBITION'To forbid'Prevent a LOWER COURT from exceeding its JURISDICTION
CERTIORARI'To be certified'QUASH an order already passed by a LOWER COURT or TRIBUNAL
QUO WARRANTO'By what authority'Challenging the LEGALITY of a person holding a PUBLIC OFFICE

Appellate Jurisdiction (Articles 132–136)

The Supreme Court is the FINAL COURT OF APPEAL. Appeals can be made:

  • CONSTITUTIONAL matters — if High Court certifies a substantial question of law
  • CIVIL matters — if the case involves a SUBSTANTIAL QUESTION OF LAW
  • CRIMINAL matters — from High Court in certain conditions
  • SPECIAL LEAVE PETITION (Article 136) — Supreme Court may GRANT special leave to appeal from ANY court or tribunal

Advisory Jurisdiction (Article 143)

The President may SEEK the opinion of the Supreme Court on:

  • Any QUESTION OF LAW or FACT of PUBLIC IMPORTANCE
  • The Supreme Court MAY give its opinion — but it is NOT bound to

Review and Curative Powers

PowerExplanation
REVIEW (Article 137)The Supreme Court can REVIEW its OWN judgement — if there is an ERROR on the face of the record
CURATIVEAfter review is DISMISSED, a CURATIVE petition can be filed in EXTRAORDINARY cases

Judicial Review

AspectDetail
MeaningThe power of the Supreme Court to DECLARE a law UNCONSTITUTIONAL if it VIOLATES the Constitution
BasisArticle 13 — any law that VIOLATES Fundamental Rights is VOID
DOCMRINEThe 'BASIC STRUCTURE' doctrine (Kesavananda Bharati case, 1973) — Parliament CANNOT amend the basic structure of the Constitution
SignificanceThe Supreme Court is the GUARDIAN of the Constitution

High Courts

Composition

AspectDetail
Appointing AuthorityPresident of India
QualificationsCitizen of India. 10+ years as advocate OR 10+ years judicial service in a district court
TenureRetires at age 62
RemovalBy President — only on recommendation of Parliament (same process as SC judges)

Jurisdiction of High Courts

TypeExplanation
OriginalCases ORIGINATING in the High Court — revenue, company, admiralty, matrimonial
AppellateAppeals from LOWER COURTS — civil and criminal
Writ (Article 226)High Court can issue WRITS for enforcement of Fundamental Rights — WIDER than SC (can be for ANY purpose, not only Fundamental Rights)
SupervisorySupervises ALL subordinate courts in its jurisdiction
RevisoryCan CALL for records from subordinate courts to VERIFY legality

High Court vs Supreme Court Writs

AspectSupreme Court (Article 32)High Court (Article 226)
PurposeOnly for FUNDAMENTAL RIGHTSFor Fundamental Rights AND OTHER purposes
TerritorialAll over INDIAWithin its JURISDICTION
DiscretionThe SC MUST issue writs if Fundamental Rights are violatedThe HC MAY or MAY NOT issue writs (DISCRETIONARY)

Subordinate Courts

LevelCourtAppointed By
District LevelDISTRICT AND SESSIONS JUDGEGovernor (in consultation with High Court)
Lower LevelCIVIL JUDGE (Junior Division), MUNSIF, MAGISTRATEHigh Court
CriminalSESSIONS COURT — tries serious offencesAs above
CivilCIVIL COURT — tries property, contract, family disputesAs above

Lok Adalats

AspectDetail
Meaning'People's Court' — alternative dispute RESOLUTION
SystemLEGAL SERVICES AUTHORITIES ACT, 1987
PurposeSettle disputes through CONCILIATION and COMPROMISE
DecisionFINAL and BINDING — no appeal
CasesPre-litigation and PENDING cases

Key Articles to Remember

ArticleSubject
124Establishment and composition of Supreme Court
125Salaries of Judges
126Appointment of Acting Chief Justice
131Original jurisdiction
132Appellate jurisdiction — constitutional matters
136Special Leave Petition
137Review powers
138Enlargement of jurisdiction
143Advisory jurisdiction
32Writs — Supreme Court (Right to Constitutional Remedies)
226Writs — High Courts
13Laws inconsistent with Fundamental Rights

Common Mistakes in ICSE Answers

MistakeCorrection
Confusing HABEAS CORPUS with MANDAMUSHabeas Corpus = RELEASE. Mandamus = COMMAND
Forgetting Article 32 is a FUNDAMENTAL RIGHT'Right to Constitutional Remedies' — you can go DIRECTLY to SC
Treating HIGH COURT writs as same as SCHC writs (Article 226) are WIDER — can be for 'any other purpose'
Not knowing 5 WRITS by nameMEMORISE all five: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto
Confusing ORIGINAL and APPELLATE jurisdictionOriginal = cases that BEGIN in SC. Appellate = appeals from LOWER courts

ICSE Exam Focus — Marks Blueprint

Question TypeMarksFrequency
Five WRITS — explanation of EACH6-8Always
Composition of Supreme Court4-6Always
Judicial REVIEW — meaning and importance6-8Very High
Jurisdiction of HIGH COURTS6-8Very High
Difference between SC and HC writ jurisdiction6-8High
Removal of judges — IMPEACHMENT process4-6Medium

Self-Test

  1. Writs: Explain the FIVE writs that the Supreme Court can issue under Article 32. Give the MEANING and PURPOSE of EACH.

  2. Composition: What is the COMPOSITION of the Supreme Court? How are judges APPOINTED? What are the QUALIFICATIONS?

  3. Jurisdiction: Differentiate between ORIGINAL, APPELLATE, and ADVISORY jurisdiction of the Supreme Court.

  4. Comparison: Compare the WRIT JURISDICTION of the Supreme Court (Article 32) with that of the High Courts (Article 226). Which is WIDER?

  5. Judicial Review: What is JUDICIAL REVIEW? Why is it IMPORTANT in a federal system like India's?

  6. Removal: Explain the IMPEACHMENT process for a Supreme Court judge. What MAJORITY is required?

  7. Lok Adalat: What is a LOK ADALAT? What type of cases does it handle? Are its decisions APPEALABLE?


Answers to Self-Test (Key Points)

  1. (1) HABEAS CORPUS — produce the BODY of an illegally detained person. (2) MANDAMUS — COMMAND a public official to perform duty. (3) PROHIBITION — FORBID a lower court from exceeding jurisdiction. (4) CERTIORARI — QUASH an order of a lower court. (5) QUO WARRANTO — CHALLENGE a person's right to hold public office.

  2. 1 CJI + 33 judges (total 34). Appointed by President in consultation with collegium. Qualifications: 5+ years as HC judge OR 10+ years as HC advocate OR distinguished jurist. Removeable by IMPEACHMENT (2/3 majority in both Houses).

  3. (1) ORIGINAL (Article 131) — disputes between Centre and States. (2) APPELLATE (Articles 132–136) — appeals from High Courts in constitutional, civil, criminal matters. (3) ADVISORY (Article 143) — President seeks opinion on questions of law.

  4. SC (Article 32) — writs ONLY for enforcement of FUNDAMENTAL RIGHTS. HC (Article 226) — writs for Fundamental Rights AND 'any other purpose.' HC jurisdiction is WIDER in purpose but LIMITED in territory.

  5. Judicial Review = the power to DECLARE a law unconstitutional (Article 13). IMPORTANCE: (a) Protects Fundamental Rights, (b) Ensures laws conform to the Constitution, (c) Maintains FEDERAL balance, (d) 'Basic Structure' doctrine prevents ARBITRARY amendments.

  6. (1) Motion PREFFERED in either House — requires 100 members (Lok) or 50 members (Rajya). (2) INVESTIGATED by the other House. (3) RESOLUTION passed by 2/3 majority of those present AND voting. (4) President ORDERS removal.

  7. Lok Adalat = 'People's Court' — alternative dispute resolution. Handles MATRIMONIAL, property, motor accident, labour disputes. Decisions are FINAL and BINDING — NO appeal lies against a Lok Adalat award.

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