Judiciary — Supreme Court, High Courts and the Judicial System

Overview

The Judiciary is the third pillar of Indian democracy, alongside the Legislature and the Executive. It acts as the guardian of the Constitution, protector of fundamental rights, and the final interpreter of laws. For KAR TET Paper II Social Studies, understanding the structure, powers, and independence of the judiciary is essential—questions typically test knowledge of court hierarchies, appointment procedures, key jurisdictions, and landmark constitutional provisions.

India follows an integrated judicial system, meaning the Supreme Court stands at the apex, followed by High Courts at the state level, and subordinate courts (district and lower courts) at the bottom. Unlike the USA where federal and state courts operate separately, Indian courts form a single unified structure where decisions of higher courts bind lower courts. Karnataka has its own High Court at Bengaluru with circuit benches at Dharwad and Kalaburagi.

Students must focus on Articles 124–147 (Supreme Court), Articles 214–231 (High Courts), appointment and removal procedures, types of jurisdiction, and the concept of judicial review. These form the core of exam questions on this topic.

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Key Concepts

• **Integrated Judicial System**: India has a single hierarchy of courts—Supreme Court → High Courts → Subordinate Courts—that enforces both central and state laws, unlike federal systems with separate court structures.

• **Independence of Judiciary**: Secured through fixed tenure, salary charged on Consolidated Fund, prohibition on discussing judges' conduct in Parliament (except during impeachment), and separation from executive control.

• **Judicial Review**: The power of courts to examine the constitutionality of legislative and executive actions and declare them void if they violate the Constitution (derived from Articles 13, 32, and 226).

• **Public Interest Litigation (PIL)**: Allows any public-spirited citizen to approach the court on behalf of those who cannot access justice themselves—a tool for social justice developed since the 1980s.

• **Collegium System**: Supreme Court and High Court judges are appointed through a collegium (group of senior judges) rather than solely by the executive—established through the Second and Third Judges Cases (1993, 1998).

• **Original, Appellate, and Advisory Jurisdiction**: Courts exercise different types of jurisdiction—original (cases that start directly), appellate (appeals from lower courts), and advisory (opinions sought by the President).

• **Writ Jurisdiction**: High Courts (Article 226) and Supreme Court (Article 32) can issue writs—Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto—to enforce fundamental rights.

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Formulas / Key Facts

| Aspect | Supreme Court | High Court | |--------|---------------|------------| | Constitutional Articles | 124–147 | 214–231 | | Established by | Constitution (Article 124) | Constitution (Article 214) | | Seat | New Delhi | State capital (Karnataka HC at Bengaluru) | | Composition | 1 CJI + 33 other judges (current sanctioned strength: 34) | Varies by state; Karnataka HC has 62 sanctioned judges | | Appointment | President on advice of Collegium (CJI + 4 senior-most judges) | President on advice of Collegium (CJI + 2 senior-most SC judges + Chief Justice of concerned HC) | | Tenure | Until 65 years of age | Until 62 years of age | | Removal | Impeachment by Parliament (proven misbehaviour or incapacity; special majority in both Houses) | Same procedure as Supreme Court judges |

**Five Writs and Their Purpose**: 1. **Habeas Corpus** — "To have the body"; against unlawful detention 2. **Mandamus** — "We command"; directs public official to perform duty 3. **Prohibition** — Stops lower court from exceeding jurisdiction 4. **Certiorari** — Transfers case from lower to higher court for review 5. **Quo Warranto** — Questions authority of person holding public office

**Key Articles to Remember**:

• Article 32 — Right to Constitutional Remedies (Supreme Court writs)
• Article 226 — High Court writ jurisdiction (wider than Article 32)
• Article 141 — Law declared by Supreme Court is binding on all courts
• Article 137 — Supreme Court can review its own judgments
• Article 143 — Advisory jurisdiction of Supreme Court

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Worked Examples

**Example 1: Identifying Jurisdiction**

*Question*: A dispute arises between the Government of Karnataka and the Government of Tamil Nadu over sharing of Cauvery river water. Which court has jurisdiction and what type?

*Solution*:

• Step 1: This is a dispute between two state governments.
• Step 2: Under Article 131, the Supreme Court has exclusive original jurisdiction in disputes between states or between states and the Centre.
• Step 3: Answer — Supreme Court; Original Jurisdiction.

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**Example 2: Writ Identification**

*Question*: Ramesh is illegally detained by police without producing him before a magistrate for 48 hours. Which writ should be filed and where?

*Solution*:

• Step 1: Illegal detention violates personal liberty (Article 21).
• Step 2: The appropriate writ is Habeas Corpus—it commands the detaining authority to produce the detained person before the court.
• Step 3: Can be filed in High Court (Article 226) or Supreme Court (Article 32).
• Step 4: Answer — Writ of Habeas Corpus; can be filed in either High Court or Supreme Court.

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**Example 3: Appointment Process**

*Question*: Who recommends the appointment of a High Court judge?

*Solution*:

• Step 1: High Court judges are appointed by the President of India.
• Step 2: The President acts on the advice of the Collegium consisting of: CJI + 2 senior-most SC judges + Chief Justice of the concerned High Court.
• Step 3: The Governor of the state is also consulted.
• Step 4: Answer — Collegium headed by CJI recommends; President appoints.

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Common Mistakes

| Wrong Thinking | Correct Understanding | |----------------|----------------------| | "Supreme Court judges retire at 62 years" | Supreme Court judges retire at **65 years**; High Court judges retire at **62 years**. | | "High Court can issue writs only for fundamental rights" | Article 226 allows High Courts to issue writs for fundamental rights **and** for any other purpose—wider than Supreme Court's Article 32 power. | | "Parliament can remove a judge by simple majority" | Impeachment requires **special majority**—majority of total membership AND two-thirds of members present and voting in **each House**. | | "President appoints judges independently" | President is bound by the Collegium's recommendation (Third Judges Case, 1998); the executive cannot override the Collegium. | | "Subordinate courts are not part of the constitutional scheme" | Articles 233–237 deal with subordinate courts; they are constitutional bodies appointed by the Governor in consultation with the High Court. |

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Quick Reference

• **Supreme Court** = Guardian of Constitution; seat at New Delhi; retirement age 65.
• **High Court** = Highest court in state; Karnataka HC at Bengaluru; retirement age 62.
• **Collegium** = CJI + senior judges who recommend judicial appointments.
• **Article 32** = Right to Constitutional Remedies; called "heart and soul" of Constitution by Dr Ambedkar.
• **Five Writs** = Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.
• **Judicial Review** = Courts can strike down laws violating the Constitution.