Judiciary and Constitutional Bodies

🟢 Lite — Quick Review (1h–1d)

Rapid summary for last-minute revision.

Judiciary and Constitutional Bodies — Key Facts for KPSC KAS • Supreme Court (Art. 124-147): 34 judges (including CJI); CJI is the head; appointed by President (after consultation with judges — Collegium system); original, appellate, constitutional jurisdiction; basic structure guardian; CJI Ranjan Gogoi (2019-2020) — first from NE India. • High Courts (Art. 214-231): One per state (or group of states); Chief Justice appointed by President after consultation; writ jurisdiction under Art. 226 (broader than SC’s Art. 32); Karnataka High Court at Bangalore (Hubli bench); Chief Justice of Karnataka HC (2024 — various). • District Courts (Art. 233-237): State subject; appointed by Governor on recommendation of High Court; subordinate to High Court. • Constitutional Bodies: UPSC (Union Public Service Commission — for all-India services); SPSC (State PSCs for state services); CAG (Comptroller and Auditor General — audit govt. accounts); Election Commission (Art. 324 — conducts elections; Chief Election Commissioner (CEC) — 1st CEC: Sukumar Sen (1947)). • UPSC Composition: Chairman + 10 members (at least 4 must be from administrative service); serve 6 years or until 65 years.

⚡ Exam tip: KPSC KAS frequently asks about Judicial appointments (Collegium system), Basic Structure Doctrine, and constitutional bodies’ powers. Questions on UPSC vs SPSC, CAG’s role, and Election Commission’s independence are common.

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🟡 Standard — Regular Study (2d–2mo)

Standard content.

Judiciary and Constitutional Bodies — KPSC KAS Study Guide

Supreme Court and High Courts

Supreme Court

Jurisdiction:

• Original jurisdiction (Art. 131): Disputes between Union and states; between states; involving Union and state against one or more states
• Appellate jurisdiction (Art. 136): Appeals by special leave (leave to appeal — wide discretionary power); civil, criminal, constitutional matters
• Constitutional jurisdiction (Art. 137): Advisory jurisdiction at President’s request (Art. 143); interpret constitution

Judges:

• 34 judges (including CJI); can increase to 36 with Parliament approval
• Qualification (Art. 124): Must be Indian citizen; 5 years as High Court judge OR 10 years as advocate in HC OR distinguished jurist (not defined)
• Tenure: During “good behaviour” until 65 years; cannot be removed except by impeachment
• Impeachment (Art. 124(4)): Address by Parliament; each House separately; 2/3rd majority of present majority

Collegium System:

• Judges appointment — Collegium recommends to President; President usually accepts
• Collegium composition: CJI + 4 senior judges; 3-judge collegium for other High Court appointments
• 3rd Judges case (1998): Expanded Collegium to CJI + 4; judicial primacy established

High Courts

Karnataka High Court:

• Located: Bangalore (main); Hubli (bench)
• Benches: Karnataka High Court Act; one bench at Hubli for North Karnataka
• Judges: 40+ judges; appointed by President on Collegium recommendation
• Writ jurisdiction (Art. 226): Broader than SC’s Art. 32; can issue writs for fundamental rights AND other legal rights

High Courts in India:

• 25 High Courts (plus 4 in Union Territories)
• Jurisdiction: State or group of states; judges appointed from that state or other states
• Separation of Judiciary from Executive: State Subject under 7th Schedule

Constitutional Bodies

UPSC and SPSC:

• UPSC (Art. 315): For civil services (IAS, IPS, IFS); all-India services and central services
• SPSC: For state civil services (KAS — Karnataka Administrative Service)
• Independence: Chairman and members cannot be removed except by impeachment (like judges)
• Functions: Conduct examinations; advise on appointments; protect against political interference

Comptroller and Auditor General (CAG):

• Art. 148: Appointed by President; serves until 65 years
• Duties: Audit accounts of Union and states; report to President/Governors
• CAG reports submitted to President; presented to Parliament/State Legislatures
• Audit types: Compliance audit; performance audit; regulatory audit
• Current CAG: 2024 office of the CAG; functions audit of government accounts

Election Commission (Art. 324):

• Chief Election Commissioner (CEC): Head; holds office for 6 years or 65 years; removable only like Supreme Court judge
• Election Commissioners: Additional ECs (since 1993); same security of tenure
• Functions: Conduct elections (Lok Sabha, Rajya Sabha, state legislatures, President, Vice President)
• Administer elections: Delimitation; voter registration; model code of conduct

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🔴 Extended — Deep Study (3mo+)

Comprehensive coverage.

Judiciary and Constitutional Bodies — Comprehensive KPSC KAS Notes

Judicial Review, Judicial Activism, and Constitutional Function

Judicial Review in India

Basic Structure Doctrine — Kesavananda Bharati (1973):

• Guardianship: Supreme Court established as guardian of the constitution
• Limitations on Parliament: Cannot alter basic structure even with 2/3rd majority

Key Cases:

• Gopalan vs Madras (1950): Narrow interpretation; only physical restraint covered
• Maneka Gandhi vs UOI (1978): Procedure must be “just, fair, reasonable”
• Kesavananda Bharati (1973): Basic structure doctrine; cannot amend basic features
• Indira Gandhi vs Raj Narain (1975): Basic structure reaffirmed
• Minerva Mills (1980): Both FR and DPSP as sacrosanct
• SR Bommai (1994): Secularism is basic structure; Article 356 limits
• Shayara Bano vs UOI (2017): Triple talaq unconstitutional; Muslim personal law
• Kesavananda Bharati reaffirmed: Privacy is fundamental right from Article 21

Judicial Activism vs Restraint

Judicial Activism:

• Court goes beyond strictly adjudicating disputes; interprets constitution broadly
• Public Interest Litigation (PIL) — SC enlarged locus standi (1980s); environmental, social causes

Examples:

• Vishaka vs Rajasthan (1997): Guidelines for sexual harassment at workplace (before legislation)
• MC Mehta cases: Environment protection (Taj Mahal pollution, Ganga pollution)
• Common Cause vs UOI: Right to die with dignity
• Sajda Grahas: Court orders on religious matters

Judicial Restraint:

• Court limits itself to deciding actual disputes; leaves policy to legislature/executive
• Lakshmi Kant Shukla vs Union of India: Courts should not micromanage government

Debate:

• Activism: Fills legislative vacuum; protects marginalized
• Criticism: Courts not elected; overreach; undermines democracy

Karnataka’s Constitutional Bodies

Karnataka State Judicial Academy:

• Trains judicial officers; Continuing Legal Education
• Judges of District Courts and below are trained here

Karnataka State Commission:

• Karnataka State Commission for Women: Women’s welfare
• Karnataka SC/ST Commission: Grievances of SC/ST communities
• Karnataka BCW Commission: Backward Classes welfare

State Election Commission:

• Conducts municipal elections: BBMP (Bruhat Bengaluru Mahanagara Palike), Panchayati Raj institutions
• Chief State Election Commissioner: Independent; similar to CEC

Lokpal and Lokayukta

Lokpal (Union):

• Set up 2013: Anti-corruption ombudsman for Union government
• Composition: Chairperson (from Chief Justice or outstanding jurist); 8 members (50% judicial, 50% non-judicial)
• Jurisdiction: Prime Minister (with limitations), Ministers, MPs, Group A officers
• Complaints: Can investigate complaints of corruption

Lokayukta (States):

• Karnataka Lokayukta: Established 1986; one of the first in India
• Functions: Investigate corruption; public grievances against government officials
• Notable: Justice Santosh Hegde (2000s) — high-profile investigations
• Limitations: No suo motu power initially; recent amendments added some powers

Criticisms:

• Lokpal not fully functional for years; first chairperson (Pinaki Ghosh) appointed 2019 after years of delay
• Independence questions; political influence concerns

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Examination Strategy

KPSC KAS commonly asks:

1. Explain the judicial appointment process (Collegium)
2. Analyse the Basic Structure Doctrine
3. Discuss constitutional bodies (UPSC, CAG, Election Commission)
4. Evaluate judicial activism vs judicial restraint
5. Examine Karnataka’s Lokayukta

Key distinctions:

• Original jurisdiction vs appellate jurisdiction (types of cases heard)
• Judicial Review vs Constitutional Interpretation (scope of court’s power)
• Supreme Court (Art. 32) vs High Court (Art. 226) — writ jurisdiction difference
• CAG (audit accounts) vs Lokpal (investigate corruption)

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