Why this chapter matters for UPSC: The judiciary is among the most frequently tested GS2 topics. Prelims test specific details (number of HC judges, oldest HC, NJAC judgment year). Mains questions target the Collegium controversy, judicial review vs parliamentary sovereignty, PIL misuse, and judicial pendency. This chapter is foundational for the entire "Structure, Organisation and Functioning of the Executive and the Judiciary" section.

PART 1 — Quick Reference Tables

Structure of the Indian Judiciary

Court Constitutional Basis Composition Jurisdiction
Supreme Court Article 124 CJI + maximum 33 other judges (total 34); current sanctioned strength 34 Original (Art 131, 32); Appellate; Advisory (Art 143)
High Courts Article 214 Chief Justice + other judges (varies by state); 25 HCs in India Original; Appellate; Writ (Art 226 — broader than SC)
District & Sessions Courts Civil/Criminal courts below HC District Judge (civil) / Sessions Judge (criminal) — often same person Civil suits above pecuniary limit; serious criminal cases (7+ year imprisonment)
Subordinate Civil Courts Civil Courts Act/State laws Civil Judge, Munsiff Civil disputes below District Court
Subordinate Criminal Courts BNSS 2023 (ex-CrPC) Judicial Magistrate (1st/2nd class), Executive Magistrate Less serious criminal cases
Gram Nyayalayas Gram Nyayalayas Act 2008 Nyayadhikari (District Judge-level) Summary civil + criminal trials; mobile courts; village level

Types of Jurisdiction of the Supreme Court

Jurisdiction Article Scope
Original 131 Disputes between states, or between states and the Centre (disputes of law/fact)
Original (FR enforcement) 32 Any person can approach SC directly for enforcement of Fundamental Rights; writs — habeas corpus, mandamus, certiorari, prohibition, quo warranto
Appellate (civil) 133 Appeals from HC judgments in civil cases (certificate of substantial question of law of general importance)
Appellate (criminal) 134 Appeals from HC in criminal cases (HC acquits person sentenced to death or imprisonment for 10+ years; HC withdraws case and convicts)
Appellate (constitutional) 132 Appeal from any HC judgment involving substantial question of interpretation of the Constitution
Special Leave Petition 136 SC can grant special leave to appeal from any court/tribunal in India (discretionary; extraordinary remedy)
Advisory 143 President can refer any question of law or fact of public importance; SC's opinion is non-binding
Review 137 SC can review its own judgments; grounds limited — error apparent on the face of the record, discovery of new evidence, etc.
Curative Petition SC-evolved (Rupa Ashok Hurra, 2002) Last resort after review dismissed; very limited grounds; heard by 3 senior-most judges + original bench judges

High Courts — Key Facts

High Court Year Established Jurisdiction
Calcutta High Court 1862 Oldest HC in India
Bombay High Court 1862 Also among oldest; benches at Nagpur, Aurangabad, Goa, Panaji
Madras High Court 1862 Also 1862; one of the three original charter HCs
Allahabad High Court 1866 Largest HC by number of judges
Gauhati High Court 1948 Covers Assam, Nagaland, Mizoram, Arunachal Pradesh
Telangana High Court 2019 Newest HC; formed after bifurcation from AP HC

PART 2 — Detailed Notes

Why Independent Judiciary Matters

Key Term

An independent judiciary is essential in a constitutional democracy for three reasons:

  1. Protect Fundamental Rights: Citizens must have a forum to challenge government violations of their rights — a court that is dependent on the government cannot give justice against the government
  2. Interpret the Constitution: Ambiguities in the Constitution must be resolved by a neutral arbiter — not Parliament (which might interpret the Constitution to expand its own powers) and not the executive
  3. Check government overreach: The Rule of Law requires that even the most powerful government functionary can be called to account by an independent court

Supreme Court — Article 124

The Supreme Court sits in New Delhi. The Chief Justice of India (CJI) and judges are appointed by the President on the advice of the Collegium. The SC has a sanctioned strength of 34 judges (CJI + 33 others); as of 2024, the working strength is typically 32–34.

The SC has constitutional, civil, criminal, and advisory jurisdiction — making it one of the most powerful courts in the world.

Article 226 vs Article 32 — A Critical Distinction

UPSC Connect

UPSC GS2 — Writ Jurisdiction: Both the Supreme Court (Art 32) and High Courts (Art 226) can issue writs, but there is a key difference:

  • Article 32 (SC): Writ jurisdiction only for enforcement of Fundamental Rights (Part III). Dr Ambedkar called Art 32 the "heart and soul of the Constitution" because it is itself a FR — the right to move SC for enforcement of FRs cannot be suspended except during Emergency.
  • Article 226 (HC): Writ jurisdiction for enforcement of FRs AND any other legal right — including statutory rights, common law rights. HC jurisdiction is BROADER than SC's in this sense.

However, the SC is the final court of appeal, so the SC has the last word on the scope and content of the writs.

Collegium System — Judicial Appointments

Key Term

The Collegium System for judicial appointments is NOT mentioned in the Constitution — it was evolved by the Supreme Court through a series of cases:

  • First Judges Case (S.P. Gupta, 1981): SC held that the executive has primacy in judicial appointments — "consultation" with CJI does not mean "concurrence"
  • Second Judges Case (Supreme Court Advocates-on-Record Association, 1993): SC reversed; held "consultation" means "concurrence"; CJI's recommendation (with 2 senior-most judges) is binding on the President
  • Third Judges Case (Presidential Reference, 1998): Collegium expanded to CJI + 4 senior-most SC judges for SC appointments; CJI + 2 senior-most SC judges for HC appointments

Current Collegium (2024): For SC appointments — CJI + 4 senior-most puisne judges. Their recommendation is binding; President can ask for reconsideration but must accept if re-sent.

NJAC and the Fourth Judges Case

UPSC Connect

UPSC GS2 — NJAC Controversy: The 99th Constitutional Amendment Act 2014 created the National Judicial Appointments Commission (NJAC) to replace the Collegium. NJAC would have comprised: CJI (Chairperson) + 2 senior-most SC judges + Law Minister + 2 eminent persons (selected by CJI, PM, and Leader of Opposition).

In Supreme Court Advocates-on-Record Association v. Union of India (2015) — called the Fourth Judges Case — a 5-judge bench (4:1 majority) struck down the NJAC as unconstitutional, holding it violated the independence of judiciary (a Basic Structure element). The Law Minister's membership and the "eminent persons" veto created executive interference.

The controversy continues — the government argues the Collegium lacks transparency and accountability; the SC argues judicial independence is non-negotiable.

Judicial Review

Key Term

Judicial Review is the power of the Supreme Court (and High Courts) to strike down any law or executive action that is inconsistent with the Constitution. The basis in India is Article 13: "Laws inconsistent with or in derogation of the Fundamental Rights shall be void."

Unlike the USA (where Marbury v. Madison 1803 established judicial review by judicial interpretation), India explicitly provides for judicial review in Article 13 and Art 32/226. The Basic Structure Doctrine (Kesavananda Bharati, 1973) extended judicial review to constitutional amendments — even Parliament cannot amend the Constitution to destroy its Basic Structure.

Public Interest Litigation (PIL)

UPSC Connect

UPSC GS2 — PIL: Social Justice Tool: PIL was introduced in India in the early 1980s by Justice P.N. Bhagwati (who became CJI) and Justice V.R. Krishna Iyer. Key features:

  • Relaxed locus standi: Any public-spirited citizen (or even a letter to the court) can initiate PIL on behalf of those who cannot access courts themselves (prisoners, bonded labourers, slum dwellers)
  • SC and HC can take suo motu cognizance: Courts can initiate PIL themselves based on newspaper reports, letters, etc.

Landmark PIL cases:

  • MC Mehta v. Union of India (multiple cases, 1987–): Ganga pollution, Delhi vehicular pollution (CNG conversion), Agra Taj Mahal protection, closure of polluting industries in Delhi NCR
  • Vishaka v. State of Rajasthan (1997): SC laid down Vishaka Guidelines (binding) on sexual harassment at the workplace — later codified in POSH Act 2013
  • Hussainara Khatoon v. State of Bihar (1979): First PIL; exposed undertrial prisoners languishing in Bihar jails; SC directed speedy trials
  • People's Union for Democratic Rights v. Union of India (1982): Asiad construction workers; SC expanded definition of "forced labour" under Art 23

Concerns with PIL: "Forum shopping" by vested interests; misuse to delay infrastructure projects; courts encroaching on executive/legislative domain (judicial overreach); trivial PILs wasting court time; "PIL industry."

Judicial Independence — Mechanisms and Threats

Explainer

Mechanisms protecting independence:

  1. Security of tenure: SC judges serve till age 65; HC judges till age 62. They cannot be removed except by impeachment.
  2. Impeachment: Article 124(4) — a judge can be removed by the President after an address by each House of Parliament supported by a majority of the total membership AND not less than 2/3 of members present and voting. No SC judge has ever been successfully impeached. (Justice V. Ramaswami — impeachment motion failed in 1993 as ruling party abstained.)
  3. Salaries from Consolidated Fund: Judges' salaries and allowances are charged to the Consolidated Fund of India — not voted upon by Parliament (prevents Parliament from using budget power to pressure judiciary)
  4. No discussion of conduct in Parliament: Article 121 prohibits Parliament from discussing the conduct of SC/HC judges in the performance of their duties (except on a motion for removal)
  5. Post-retirement employment restriction (convention): SC judges should not accept government employment post-retirement (convention, not law); some do accept Tribunals/Commissions — criticized as compromising independence retrospectively

Gram Nyayalayas

The Gram Nyayalayas Act 2008 aimed to create village-level mobile courts to bring justice to the doorstep of rural citizens. Key features: presided by Nyayadhikari (qualification equivalent to First Class Judicial Magistrate); can travel to where the offence occurred; summary trial procedure for speedy disposal. However, implementation has been very limited — as of 2024, only about 400 of the envisaged 5,000+ Gram Nyayalayas are operational, mainly due to lack of state government commitment and infrastructure.

Exam Strategy

Prelims traps:

  • Calcutta, Bombay, and Madras High Courts were all established in 1862 — all three are the oldest, not just Calcutta
  • SC judges retire at 65 (not 62); HC judges retire at 62
  • Article 143 (Advisory Jurisdiction) — SC's opinion is non-binding on the President
  • The NJAC was struck down in 2015 (not 2014 when it was enacted)
  • Article 32 is itself a Fundamental Right (in Part III) — it cannot be suspended except during Emergency (Art 359)
  • Article 226 jurisdiction is broader than Art 32 — HC can issue writs for any legal right, not just FRs
  • SLP (Article 136) is available against judgments of any court or tribunal — including Armed Forces Tribunal, but not court-martial

Mains angles:

  • "The Collegium system for judicial appointments, despite its flaws, is preferable to the NJAC." Do you agree? Substantiate
  • Critically examine the evolution of PIL in India — has it fulfilled its original promise of access to justice for the marginalised?
  • How does the Basic Structure Doctrine limit parliamentary sovereignty? Is this limitation justified in a democracy?

Previous Year Questions

Prelims:

  1. The Advisory jurisdiction of the Supreme Court of India implies that:
    (a) The SC can initiate suo motu proceedings
    (b) The President is bound to accept the SC's opinion
    (c) The President can seek SC's opinion on questions of law or public importance, which is non-binding
    (d) SC can advise state governments on legal matters

  2. Which of the following statements about the High Courts in India is correct?
    (a) High Courts can issue writs only for enforcement of Fundamental Rights
    (b) Calcutta High Court was established in 1865
    (c) Article 226 gives High Courts broader writ jurisdiction than the Supreme Court under Article 32
    (d) High Court judges retire at 65 years

Mains:

  1. "The Collegium system for judicial appointments lacks transparency and accountability, yet the NJAC was rightly struck down." Examine this apparent paradox with reference to the principle of judicial independence. (CSE Mains 2022, GS Paper 2, 15 marks)

  2. Critically evaluate the contribution of Public Interest Litigation to social justice in India. How has the judiciary used PIL to fill legislative and executive gaps? (CSE Mains 2021, GS Paper 2, 15 marks)