Judiciary
🟢 Lite — Quick Review (1h–1d)
Key Articles: 124 (SC establishment), 32 (writ jurisdiction), 226 (HC writ jurisdiction), 131 (original jurisdiction), 323A (tribunals)
Supreme Court Facts:
- Highest court of India; 34 judges (max)
- Article 124: Parliament can increase judges beyond 25
- Original Jurisdiction: Disputes between States, Centre vs States, Goa vs Maharashtra (卡纳塔克 claim over belongings)
- Appellate Jurisdiction: Constitutional, civil, criminal appeals
- Writ Jurisdiction (Art 32): Supreme Court can issue writs for fundamental rights ONLY; High Courts can issue for fundamental + other rights (Art 226)
Key Landmark Cases:
- Kesavananda Bharati (1973): Basic Structure Doctrine — Parliament cannot amend basic features of Constitution
- Minerva Motel (1980): Parliamentary power to encroach on fundamental rights is limited
- ADM Jabalpur v. Shivanand (1976): Suspended habeas corpus during Emergency; overruled later
CJI Appointment: Senior-most judge of SC becomes CJI. Must be Indian citizen, 10yr experience as HC judge or distinguished jurist.
🟡 Standard — Regular Study (2d–2mo)
High Court:
- One HC per State (Art 214); Punjab & Haryana has common HC
- Judges: appointed by President (consultation with CJI + Governor); serve till 62
- Writ Jurisdiction (Art 226): Can issue writs for fundamental rights + “any other purpose”
- Supervisory Jurisdiction: Over all subordinate courts
Subordinate Courts:
- District judges → sessions courts
- Appointed by Governor (in consultation with HC)
- Below district: magistrate courts
Tribunals:
- Art 323A: Administrative tribunals for service matters
- Art 323B: Tribunals for taxes, land reforms, etc.
- Must have chairperson, judicial + administrative members
Key Concepts:
- Judicial Review: Power to strike down laws as unconstitutional; not explicitly mentioned in Constitution but derived from structure (Keshvananda Bharati)
- Collegium System: Since 1993, CJI + 4 senior judges recommend appointments; Centre can return once but must refer back
- Article 131: Exclusive original jurisdiction over Centre-State disputes (can’t approach SC directly on this)
Distinguish:
- Art 32: Can approach SC ONLY for Fundamental Rights violation
- Art 226: Can approach HC for FR + any legal rights
🔴 Extended — Deep Study (3mo+)
Judicial Activism vs Restraint:
- Activism: Courts proactively intervene in policy (Kesavananda, Vishaka)
- Restraint: Leave policy to legislature/executive
Public Interest Litigation (PIL):
- Relaxed locus standi — any citizen can file
- epistolary jurisdiction: letters treated as petitions
- Supreme Court in Bandhua Mukti Morcha (1984): “procedural latitude for the poor”
Constitutional Interpretation Schools:
- Literal: Plain meaning of text
- Purposive: Aim of the provision
- Doctrrine of Prospective Overruling: New interpretation applies from date of judgment, not retroactively (except in criminal law where it benefits accused)
Appointment Controversies (NJAC 2015):
- NJAC Act 2014 sought to replace Collegium with commission (CJ + 2 SC judges + Law Minister + 1 eminent person)
- Supreme Court struck down NJAC (2015) — said “primacy of judiciary” essential
- Still operating under 1993 Collegium system
State High Court vs Supreme Court on Writs:
- Art 226 writs can go to HC, but SC jurisdiction under 32 is exclusive for FR
- You can move SC under 32 directly for FR breach
Exam Pattern (UPPSC PCS):
- Usually 8-12 marks from Judiciary in GS Paper II
- Watch: Basic Structure, Art 32 vs 226, Collegium, PIL conditions
- Previous year: 2023 GS II Q7 (Chief Justice appointment process)
Common Mistakes:
- Thinking SC has supervisory jurisdiction over HC (it doesn’t — HC supervision is independent)
- Confusing original jurisdiction with appellate
- Forgetting 323A tribunals are also part of judicial system
Standard References:
- D.D. Basu’s “Introduction to the Constitution of India”
- S.P. Sinha’s “Constitutional Law”
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