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)
| Aspect | Detail |
|---|---|
| Current Strength | 1 CHIEF JUSTICE OF INDIA (CJI) + 33 JUDGES (total 34) |
| Appointment | By 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 |
| Tenure | Retires at age 65 |
| Removal | By 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.'
| Writ | Meaning | Purpose |
|---|---|---|
| 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
| Power | Explanation |
|---|---|
| REVIEW (Article 137) | The Supreme Court can REVIEW its OWN judgement — if there is an ERROR on the face of the record |
| CURATIVE | After review is DISMISSED, a CURATIVE petition can be filed in EXTRAORDINARY cases |
Judicial Review
| Aspect | Detail |
|---|---|
| Meaning | The power of the Supreme Court to DECLARE a law UNCONSTITUTIONAL if it VIOLATES the Constitution |
| Basis | Article 13 — any law that VIOLATES Fundamental Rights is VOID |
| DOCMRINE | The 'BASIC STRUCTURE' doctrine (Kesavananda Bharati case, 1973) — Parliament CANNOT amend the basic structure of the Constitution |
| Significance | The Supreme Court is the GUARDIAN of the Constitution |
High Courts
Composition
| Aspect | Detail |
|---|---|
| Appointing Authority | President of India |
| Qualifications | Citizen of India. 10+ years as advocate OR 10+ years judicial service in a district court |
| Tenure | Retires at age 62 |
| Removal | By President — only on recommendation of Parliament (same process as SC judges) |
Jurisdiction of High Courts
| Type | Explanation |
|---|---|
| Original | Cases ORIGINATING in the High Court — revenue, company, admiralty, matrimonial |
| Appellate | Appeals 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) |
| Supervisory | Supervises ALL subordinate courts in its jurisdiction |
| Revisory | Can CALL for records from subordinate courts to VERIFY legality |
High Court vs Supreme Court Writs
| Aspect | Supreme Court (Article 32) | High Court (Article 226) |
|---|---|---|
| Purpose | Only for FUNDAMENTAL RIGHTS | For Fundamental Rights AND OTHER purposes |
| Territorial | All over INDIA | Within its JURISDICTION |
| Discretion | The SC MUST issue writs if Fundamental Rights are violated | The HC MAY or MAY NOT issue writs (DISCRETIONARY) |
Subordinate Courts
| Level | Court | Appointed By |
|---|---|---|
| District Level | DISTRICT AND SESSIONS JUDGE | Governor (in consultation with High Court) |
| Lower Level | CIVIL JUDGE (Junior Division), MUNSIF, MAGISTRATE | High Court |
| Criminal | SESSIONS COURT — tries serious offences | As above |
| Civil | CIVIL COURT — tries property, contract, family disputes | As above |
Lok Adalats
| Aspect | Detail |
|---|---|
| Meaning | 'People's Court' — alternative dispute RESOLUTION |
| System | LEGAL SERVICES AUTHORITIES ACT, 1987 |
| Purpose | Settle disputes through CONCILIATION and COMPROMISE |
| Decision | FINAL and BINDING — no appeal |
| Cases | Pre-litigation and PENDING cases |
Key Articles to Remember
| Article | Subject |
|---|---|
| 124 | Establishment and composition of Supreme Court |
| 125 | Salaries of Judges |
| 126 | Appointment of Acting Chief Justice |
| 131 | Original jurisdiction |
| 132 | Appellate jurisdiction — constitutional matters |
| 136 | Special Leave Petition |
| 137 | Review powers |
| 138 | Enlargement of jurisdiction |
| 143 | Advisory jurisdiction |
| 32 | Writs — Supreme Court (Right to Constitutional Remedies) |
| 226 | Writs — High Courts |
| 13 | Laws inconsistent with Fundamental Rights |
Common Mistakes in ICSE Answers
| Mistake | Correction |
|---|---|
| Confusing HABEAS CORPUS with MANDAMUS | Habeas 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 SC | HC writs (Article 226) are WIDER — can be for 'any other purpose' |
| Not knowing 5 WRITS by name | MEMORISE all five: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto |
| Confusing ORIGINAL and APPELLATE jurisdiction | Original = cases that BEGIN in SC. Appellate = appeals from LOWER courts |
ICSE Exam Focus — Marks Blueprint
| Question Type | Marks | Frequency |
|---|---|---|
| Five WRITS — explanation of EACH | 6-8 | Always |
| Composition of Supreme Court | 4-6 | Always |
| Judicial REVIEW — meaning and importance | 6-8 | Very High |
| Jurisdiction of HIGH COURTS | 6-8 | Very High |
| Difference between SC and HC writ jurisdiction | 6-8 | High |
| Removal of judges — IMPEACHMENT process | 4-6 | Medium |
Self-Test
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Writs: Explain the FIVE writs that the Supreme Court can issue under Article 32. Give the MEANING and PURPOSE of EACH.
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Composition: What is the COMPOSITION of the Supreme Court? How are judges APPOINTED? What are the QUALIFICATIONS?
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Jurisdiction: Differentiate between ORIGINAL, APPELLATE, and ADVISORY jurisdiction of the Supreme Court.
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Comparison: Compare the WRIT JURISDICTION of the Supreme Court (Article 32) with that of the High Courts (Article 226). Which is WIDER?
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Judicial Review: What is JUDICIAL REVIEW? Why is it IMPORTANT in a federal system like India's?
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Removal: Explain the IMPEACHMENT process for a Supreme Court judge. What MAJORITY is required?
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Lok Adalat: What is a LOK ADALAT? What type of cases does it handle? Are its decisions APPEALABLE?
Answers to Self-Test (Key Points)
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(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.
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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).
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(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.
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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.
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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.
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(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.
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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.
