Polity · Chapter 07

⚖️ Supreme Court & Judiciary

Court hierarchy, PIL, collegium and landmark cases.

⚖️ Guardian of the Constitution

The Supreme Court of India is the apex court — the highest court of appeal, guardian of the Constitution, and final interpreter of law. Established January 26, 1950. Located in New Delhi. Articles 124–147.

Composition: Chief Justice of India (CJI) + up to 33 other judges (total 34). Judges appointed by President (in consultation with CJI and collegium). Retire at 65. Cannot practice in courts after retirement.

Jurisdiction (types of cases):
• Original jurisdiction (Art 131) — disputes between states, or state vs Centre. Only these go directly to SC.
• Appellate jurisdiction — appeals from High Courts in civil, criminal, constitutional matters
• Advisory jurisdiction (Art 143) — President can refer legal/constitutional questions to SC for opinion
• Writ jurisdiction (Art 32) — enforce Fundamental Rights
• Review jurisdiction — SC can review its own judgments (Art 137)

Judicial Review — SC can declare any law unconstitutional if it violates Constitution. Borrowed from USA. This is part of Basic Structure.

🏛️ Collegium System — appointment of judges

India's unique judge-appointment system:
• Collegium — the CJI + 4 senior-most SC judges recommend appointments to SC and HC
• President appoints on the basis of Collegium recommendation
• If President returns names, Collegium can reiterate — then President MUST appoint
• Not in Constitution — evolved through Three Judges Cases (1981, 1993, 1998)
• Criticized for opacity: NJAC (National Judicial Appointments Commission) introduced by 99th Amendment 2014 — struck down by SC in 2015 (Basic Structure violation — independence of judiciary)

📋 PIL — Public Interest Litigation

Invented by Indian courts — not in Constitution. Justice P.N. Bhagwati and Justice V.R. Krishna Iyer pioneered it in 1980s.
• Anyone can file PIL in SC (Art 32) or HC (Art 226) on behalf of public interest even if they are not directly affected
• SC has even taken up cases based on newspaper reports or letters (epistolary jurisdiction)
• Enabled judicial activism — courts protected environment, workers, prisoners, slum dwellers
• Criticism: PIL misuse, frivolous cases, "judicial overreach" allegations

🎬

Indian Court Hierarchy

Animation
INDIAN COURT HIERARCHY — CLICK EACH LEVEL SUPREME COURT New Delhi — Articles 124-147 CJI + 33 judges | Age limit: 65 years HIGH COURTS 25 High Courts across India — Articles 214-231 Chief Justice + other judges | Age limit: 62 years DISTRICT AND SESSIONS COURTS One per district — highest court at district level Civil (District) and Criminal (Sessions) matters SUBORDINATE COURTS Civil Judge Courts, Judicial Magistrate Courts, Executive Magistrate Courts Most cases handled here — grassroots justice CLICK A COURT LEVEL India has over 4 crore pending cases — judiciary faces massive backlog at all levels.

Appeals go UP the pyramid. Original (first-time) matters begin at the lowest appropriate level.

📜

Landmark Supreme Court Cases

Interactive
CaseKesavananda Bharati v. State of Kerala (1973)
Bench13-judge bench — largest in SC history
VerdictParliament cannot alter Basic Structure of Constitution (7:6)
ImpactLimits Parliament amendment power — most important case ever
OverruledGolak Nath case (1967) which had gone further
Practice (SSC/UPSC): What is judicial review? Is it part of the Basic Structure?
Judicial Review — the power of courts to examine the constitutionality of legislative and executive actions. If a law violates the Constitution, courts can declare it void.

Constitutional basis in India:
• Article 13 — laws inconsistent with FRs are void
• Article 32 — SC enforces FRs (implies review of laws)
• Article 226 — HC can issue writs
• Article 131-136 — SC's various jurisdictions

Scope of Judicial Review in India:
• Can review if law violates Fundamental Rights (Part III)
• Can review if law violates Constitution generally
• Can review executive actions for arbitrariness (Art 14)
• CANNOT review policy decisions (courts respect separation of powers)

Is it Basic Structure? YES — L. Chandra Kumar case (1997) held judicial review is part of Basic Structure. Parliament cannot take away HC/SC jurisdiction to review laws.

India vs USA on Judicial Review:
• USA: Explicitly NOT in Constitution — evolved through Marbury v. Madison (1803)
• India: Implied through multiple articles — much stronger textual basis

India has one of the most active judicial review traditions in the world.
Practice (SSC): What is the difference between SC's original and appellate jurisdiction?
Original Jurisdiction (Article 131):
• Cases that BEGIN in the Supreme Court — no lower court has heard them
• Exclusive jurisdiction: Only SC can hear these
• Covers: Disputes between Centre and one or more states; disputes between two or more states
• Does NOT cover disputes involving private parties — only governmental
• Example: River water dispute between Karnataka and Tamil Nadu

Appellate Jurisdiction:
• Cases that COME TO SC on appeal from lower courts
• Three tracks:
1. Constitutional matters — HC certified it involves substantial question of constitutional law (Art 132)
2. Civil matters — HC certified it involves substantial general importance (Art 133)
3. Criminal matters — HC reversed acquittal AND sentenced to death, or withdrew case itself (Art 134)
• Special Leave Petition (Art 136) — SC can grant special leave to appeal from ANY court/tribunal in India. Most flexible and most used route to SC.

Writ Jurisdiction (Art 32):
• Original — but specifically for FR enforcement
• Cannot be ousted — this is itself a Fundamental Right

SLP (Special Leave Petition) under Art 136 is how most cases actually reach SC today.
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