Unit 3: The Judiciary

I. Constitutional Orientation

The Indian judiciary is an independent constitutional institution established to uphold the Constitution, protect rights, settle disputes, and maintain the rule of law. Its framework appears mainly in Part V, Chapter IV, concerning the Supreme Court, and Part VI, Chapter V, concerning the High Courts. Judicial independence is supported by security of tenure, protected salaries, constitutional jurisdiction, and separation from the executive under Article 50.

• Constitutional supremacy: The Constitution is the highest law; legislation or executive action inconsistent with it may be invalidated.
• Rule of law: Governmental power must operate through publicly known law and cannot be exercised arbitrarily.
• Independent adjudication: Courts decide disputes impartially, without direction from the political executive.
• Integrated system: India has one unified judicial hierarchy rather than separate federal and state court systems.
• Judicial review: Courts examine the constitutional validity of laws and executive actions.
• Fundamental-rights protection: Article 32 empowers the Supreme Court, while Article 226 empowers High Courts, to issue constitutional writs.
• Precedent: Under Article 141, the law declared by the Supreme Court binds all courts in India.

II. Structure and Composition of Judiciary in India — The Integrated Judicial System

The Indian judiciary has a hierarchical structure in which the Supreme Court stands at the apex, followed by High Courts and subordinate courts. Unlike the United States, India does not maintain separate federal and state judicial systems.

A. Structure and composition of judiciary in India

The structure and composition of the judiciary distribute adjudicatory work while preserving a common constitutional framework.

• Supreme Court: Article 124 establishes the Supreme Court of India. It consists of the Chief Justice of India and up to 33 other judges, making a maximum strength of 34 judges unless Parliament changes it by law.
• High Courts: Article 214 provides for a High Court for each State, although Parliament may establish a common High Court for two or more States or for States and a Union territory under Article 231.
• Subordinate judiciary: District and lower courts operate under the administrative and judicial supervision of the relevant High Court.
  • District judges: Appointed by the Governor in consultation with the High Court under Article 233.
  • Other judicial officers: Appointed according to rules made by the Governor after consultation with the State Public Service Commission and High Court under Article 234.
• Appointment of Supreme Court judges: Article 124(2) provides appointment by the President after constitutionally required consultation. In practice, the collegium system recommends names.
• Appointment of High Court judges: Article 217 provides appointment by the President after consultation with the Chief Justice of India, the Governor, and the Chief Justice of the concerned High Court.
• Judicial independence: Judges have security of tenure, and their salaries and service conditions cannot ordinarily be varied to their disadvantage after appointment.
• Removal: A Supreme Court judge may be removed by the President only after each House of Parliament addresses the President with the required special majority for proved misbehaviour or incapacity under Article 124(4). Article 218 applies the corresponding procedure to High Court judges.
• Transfer: High Court judges may be transferred by the President under Article 222, after consultation with the Chief Justice of India.
• Constitutional limitation: The National Judicial Appointments Commission was declared unconstitutional by the Supreme Court in 2015; the collegium system therefore continues, subject to calls for greater transparency.

III. Supreme Court — Apex Constitutional Court

The Supreme Court is the highest court of India and the final interpreter of the Constitution. It began functioning on 28 January 1950, replacing the Federal Court created under the Government of India Act, 1935.

A. Supreme Court

The Supreme Court combines constitutional, appellate, federal, advisory, and rights-protecting functions.

• Constitutional position: Articles 124–147 establish its composition, jurisdiction, powers, and administration.
• Seat: Article 130 places the Court at Delhi but permits the Chief Justice of India, with the President’s approval, to appoint another place or places for sitting.
• Qualifications: A judge must be an Indian citizen and must have been a High Court judge for at least five years, an advocate of a High Court for at least ten years, or, in the President’s opinion, a distinguished jurist.
• Retirement: Supreme Court judges retire at the age of 65; High Court judges retire at 62.
• Court of record: Article 129 makes the Supreme Court a court of record with power to punish for contempt of itself. Its authoritative records are evidence and cannot be questioned merely as records.
• Constitution Bench: Article 145(3) requires at least five judges for cases involving a substantial question of constitutional interpretation.
• Binding authority: Article 141 requires all courts in India to follow the law declared by the Supreme Court, promoting uniformity.
• Review power: Article 137 allows the Court to review its judgments, subject to constitutional and statutory rules.
• Curative jurisdiction: In exceptional cases, the Court may entertain a curative petition after dismissal of a review petition to prevent grave miscarriage of justice.

IV. High Court — Constitutional Court at the State Level

High Courts are the principal constitutional courts within States. They supervise subordinate courts, decide important constitutional questions, and provide a direct remedy for violations of legal and fundamental rights.

A. High Court

A High Court possesses original, appellate, writ, supervisory, and administrative powers within its territorial jurisdiction.

• Constitutional basis: Articles 214–231 regulate High Courts, including their establishment, appointment, tenure, jurisdiction, and administration.
• Composition: A High Court consists of a Chief Justice and such other judges as the President considers necessary. The Constitution does not prescribe a fixed numerical strength.
• Additional and acting judges: Article 224 permits additional judges for temporary increases in work and acting judges when a judge is unable to perform duties.
• Qualifications: A person must be an Indian citizen and must have held judicial office for at least ten years or been an advocate of a High Court for at least ten years.
• Writ jurisdiction: Article 226 permits High Courts to issue writs for enforcement of fundamental rights and “for any other purpose,” giving them a wider textual scope than Article 32.
• Superintendence: Under Article 227, a High Court supervises courts and tribunals within its territory, except those dealing with the armed forces.
• Control over subordinate courts: Article 235 vests control over district and subordinate courts in the High Court, including posting, promotion, and disciplinary matters.
• Court of record: Article 215 gives every High Court the status of a court of record and the power to punish for contempt of itself.
• Original jurisdiction: Some High Courts exercise original civil or criminal jurisdiction under constitutional, statutory, or inherited arrangements; this jurisdiction is not identical in every State.
• Limitations: High Court decisions remain subject to appeal or special leave jurisdiction of the Supreme Court, and their writ jurisdiction is territorially connected to the relevant State or cause of action.

V. Power and functions of Supreme Court — Constitutional and Appellate Authority

The Supreme Court exercises several distinct jurisdictions. These powers enable it to resolve federal conflicts, protect rights, maintain legal uniformity, and preserve constitutional boundaries.

A. Power and functions of Supreme Court

The principal powers and functions of the Supreme Court arise directly from Articles 32, 131, 132–136, 137, 141, 142, and 143.

• Original jurisdiction: Article 131 gives the Court exclusive jurisdiction in disputes between the Union and one or more States, or between States, when the dispute involves a legal right.
  • Federal disputes: A disagreement over constitutional authority or entitlement between governments may come directly before the Court.
  • Exclusion: Private citizens cannot ordinarily invoke Article 131 merely because a dispute has an interstate element.
• Writ jurisdiction: Article 32 allows a person to approach the Supreme Court directly for enforcement of Fundamental Rights.
  • Habeas corpus: Protects against unlawful detention by requiring production of the detained person.
  • Mandamus: Commands a public authority to perform a legal duty.
  • Prohibition: Prevents a lower court or tribunal from exceeding its jurisdiction.
  • Certiorari: Quashes an order of a lower court or tribunal affected by jurisdictional or legal error.
  • Quo warranto: Challenges unlawful occupation of a public office.
• Appellate jurisdiction: The Court hears constitutional, civil, and criminal appeals, normally after certification by a High Court or under statutory provisions.
• Special Leave Petition: Article 136 gives the Court discretionary power to grant special leave to appeal from judgments, orders, or decisions of courts and tribunals in India, except courts or tribunals under laws concerning the armed forces.
• Advisory jurisdiction: Under Article 143, the President may refer a question of law or fact of public importance to the Court. The Court’s advisory opinion is influential but is not technically a judgment in an adversarial appeal.
• Judicial review: The Court can invalidate unconstitutional legislation or executive action. The basic-structure doctrine, developed in Kesavananda Bharati v. State of Kerala (1973), limits Parliament’s power to amend the Constitution by preserving features such as judicial review and constitutional supremacy.
• Complete justice: Article 142 authorises orders necessary for doing complete justice in a matter before the Court. This power supplements, but does not replace, ordinary law and cannot be used to disregard substantive constitutional limitations.
• Interpretation of the Constitution: The Court determines the meaning of constitutional provisions and reconciles competing rights, governmental powers, and public interests.
• Protection of Fundamental Rights: Through Article 32, public-interest litigation, and appropriate directions, the Court has expanded access to constitutional remedies for disadvantaged groups.
• Contempt jurisdiction: As a court of record under Article 129, it may punish conduct that scandalises, obstructs, or lowers the authority of the Court, while balancing this power with freedom of expression.
• Administrative and procedural power: Article 145 permits the Court, subject to parliamentary law and presidential approval where constitutionally required, to make rules regulating practice and procedure.
• Review and correction: Article 137 enables reconsideration of judgments. Review is exceptional; it is not a routine second appeal.
• Role in constitutional democracy: The Supreme Court maintains equilibrium among the legislature, executive, and judiciary by enforcing competence limits, safeguarding rights, and ensuring that public power remains constitutionally accountable.