Quick Revision: The Indian Judiciary

The Indian Judicial System: A Hierarchical Flowchart

The Indian judiciary has an integrated, hierarchical structure, ensuring uniformity of law and justice across the nation.

Overview

The Indian Judicial System: A Hierarchical Structure
Supreme Court of India (Apex Court)
High Courts (State Level)
Subordinate Courts (District Level)
District & Sessions Judge's Court
Civil Side
Subordinate Judge's Court
Munsif's Court
Small Causes Court
Criminal Side
Chief Judicial Magistrate's Court
Judicial Magistrate's Court
Metropolitan Courts (In Metropolitan Cities)
City Civil Court (Civil Side)
Metropolitan Magistrate's Court (Criminal Side)
Special Courts, Tribunals & Other Judicial Bodies
e.g., NIA Courts, POCSO Courts
e.g., National Company Law Tribunal (NCLT), National Green Tribunal (NGT)
Gram Nyayalayas (Village Courts)

1. The Supreme Court: Guardian of the Constitution

The Supreme Court of India is the apex judicial body. Established under Part V, Chapter IV of the Constitution, it is the final court of appeal and the ultimate interpreter of the Constitution.

Composition: The Supreme Court consists of the Chief Justice of India (CJI) and not more than 33 other judges. The President appoints the judges.
Jurisdiction and Powers:
- Original Jurisdiction (Article 131): The SC has exclusive jurisdiction to hear disputes:
  - Between the Government of India and one or more States.
  - Between the Government of India and any State(s) on one side and one or more other States on the other.
  - Between two or more States.
- Writ Jurisdiction (Article 32): It can issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto) for the enforcement of Fundamental Rights. Dr. Ambedkar called this Article the "heart and soul" of the Constitution.
- Appellate Jurisdiction:
  - Constitutional Matters (Article 132): An appeal lies from a High Court judgment if it involves a substantial question of law as to the interpretation of the Constitution.
  - Civil Matters (Article 133): An appeal lies if the case involves a substantial question of law of general importance.
  - Criminal Matters (Article 134): An appeal lies if the High Court has (a) reversed an acquittal and sentenced an accused to death, or (b) withdrawn a case from a subordinate court and sentenced the accused to death.
  - Special Leave to Appeal (Article 136): The SC has discretionary power to grant special leave to appeal from any judgment, decree, or order of any court or tribunal in India.
- Advisory Jurisdiction (Article 143): The President can seek the opinion of the Supreme Court on any question of law or fact of public importance. This advice is not binding on the President.
Role as Guardian of the Constitution: The SC upholds the supremacy of the Constitution through its power of Judicial Review. It can declare any legislative enactment or executive order unconstitutional and void if it violates the Constitution, especially the Fundamental Rights or the "basic structure."

2. The High Courts: Apex Judiciary at the State Level

Under Part VI, Chapter V of the Constitution, each state has a High Court, which is the highest judicial authority in that state. Parliament can also establish a common High Court for two or more states.

Structure: Each High Court consists of a Chief Justice and other judges appointed by the President.
Appointment and Transfer of Judges:
- Appointment (Article 217): Appointed by the President after consultation with the CJI, the Governor of the State, and, in the case of a judge other than the Chief Justice, the Chief Justice of the High Court.
- Transfer (Article 222): The President can transfer a judge from one High Court to another after consulting the CJI.
Jurisdiction:
- Original Jurisdiction: In matters of admiralty, will, marriage, divorce, and contempt of court. They also have original jurisdiction to hear cases related to the election of Members of Parliament and State Legislatures.
- Writ Jurisdiction (Article 226): Like the SC, High Courts can issue writs. However, their power is wider than the SC's. They can issue writs not only for the enforcement of Fundamental Rights but also "for any other purpose," meaning for the enforcement of any other legal right.
- Appellate Jurisdiction: They hear appeals against the judgments of subordinate courts in both civil and criminal matters.
- Supervisory Jurisdiction (Article 227): High Courts have the power of superintendence over all courts and tribunals within their territorial jurisdiction (except military courts).

3. Powers Exclusive to High Courts

While the Supreme Court is the apex body, the Constitution confers certain powers upon High Courts that the Supreme Court does not exercise in the same manner.

Power of Superintendence (Article 227): This is a key exclusive power. The High Court has direct administrative and judicial control over all subordinate courts within its territory. It can:
- Call for returns from them.
- Make and issue general rules and prescribe forms for regulating their practice and proceedings.
- Settle the fees payable to court officers and legal practitioners.
  The Supreme Court does not have this direct day-to-day supervisory role over subordinate courts nationwide.
Wider Writ Jurisdiction: As mentioned, under Article 226, High Courts can issue writs for "any other purpose" besides enforcing Fundamental Rights, giving them a broader scope in this regard compared to the Supreme Court's writ jurisdiction under Article 32, which is confined to Fundamental Rights.

4. Subordinate Courts: Justice at the Grassroots

These courts function below the High Court at the district and lower levels, governed by Part VI, Chapter VI of the Constitution. Their structure is broadly uniform but may have different nomenclatures in different states.

Structure (Civil/Criminal):
- District and Sessions Judge's Court: This is the highest court in a district. The judge is known as the District Judge when presiding over civil cases and the Sessions Judge when presiding over criminal cases.
  - Civil Side: Below the District Judge are courts of Subordinate Judges, Munsifs, and Small Causes Courts.
  - Criminal Side: Below the Sessions Judge are the courts of the Chief Judicial Magistrate and Judicial Magistrates.
Special Courts:
- NIA Courts: Special courts constituted under the National Investigation Agency Act, 2008, to try offenses investigated by the NIA, primarily related to terrorism.
- POCSO Courts: Special courts designated under the Protection of Children from Sexual Offences (POCSO) Act, 2012, for the speedy trial of heinous crimes against children.
- Gram Nyayalayas: Established under the Gram Nyayalayas Act, 2008, these are mobile village courts aimed at providing inexpensive justice at the doorstep of rural citizens for both civil and criminal disputes.

5. Key Judicial Doctrines and Concepts

Judicial Review: The power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. If found to be in violation of the Constitution, they can be declared illegal, unconstitutional, and invalid. This power is explicitly rooted in Articles 13, 32, and 226.
- Landmark Case: Kesavananda Bharati v. State of Kerala (1973) established the "Basic Structure Doctrine," holding that Parliament's power to amend the Constitution is not absolute and it cannot alter the basic features like democracy, federalism, secularism, and judicial review itself.
Judicial Activism: A proactive role played by the judiciary in protecting the rights of citizens and promoting justice in society. It involves departing from a strict interpretation of law to address social, political, and economic issues.
- Landmark Case: Vishaka v. State of Rajasthan (1997), where the Supreme Court, in the absence of a law, laid down binding guidelines to prevent sexual harassment of women at the workplace.
Public Interest Litigation (PIL): A legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community have a pecuniary interest or some interest by which their legal rights or liabilities are affected. It has relaxed the traditional rule of locus standi (the right to bring an action).
- Landmark Case: Navtej Singh Johar v. Union of India (2018), where the Supreme Court decriminalized consensual homosexual acts between adults by partially striking down Section 377 of the IPC, was a result of a PIL filed by activists.

6. Relevant Constitutional Articles

The Union Judiciary (Supreme Court): Articles 124–147
- Art. 124: Establishment and constitution of the Supreme Court.
- Art. 131-136: Jurisdiction (Original, Appellate, SLP).
- Art. 142: Power of the SC to pass any decree or order necessary for doing "complete justice."
- Art. 143: President's power to consult the Supreme Court.
The High Courts in the States: Articles 214–231
- Art. 214: High Courts for States.
- Art. 217: Appointment and conditions of the office of a Judge of a High Court.
- Art. 222: Transfer of a Judge from one High Court to another.
Writ Jurisdiction:
- Art. 32: Right to constitutional remedies (SC's writ jurisdiction).
- Art. 226: Power of High Courts to issue certain writs.
Independence and Superintendence:
- Art. 50: Directive Principle to separate the judiciary from the executive.
- Art. 227: Power of superintendence over all courts by the High Court.

7. Removal of Supreme Court and High Court Judges

The process is identical for judges of both the Supreme Court and High Courts, ensuring judicial independence.

Process (Articles 124(4) and 217): A judge can be removed only by an order of the President, passed after an address by Parliament, supported by a special majority of each House (a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting).
Grounds: Proved misbehaviour or incapacity.
The Judges (Inquiry) Act, 1968: This Act regulates the procedure for the investigation and proof of misbehaviour or incapacity.
1. A removal motion must be signed by 100 members (in case of Lok Sabha) or 50 members (in case of Rajya Sabha) and given to the Speaker/Chairman.
2. The Speaker/Chairman may admit or refuse the motion.
3. If admitted, a three-member committee is formed (a SC judge, a HC Chief Justice, and a distinguished jurist) to investigate the charges.
4. If the committee finds the judge guilty, the House can take up the motion for consideration.
5. If passed by special majority in both Houses, it is presented to the President for removal.
Application:
- Justice V. Ramaswami (1993): The first case where impeachment proceedings were initiated. The inquiry committee found him guilty, but the motion failed in the Lok Sabha as the ruling Congress party abstained from voting.
- Justice Soumitra Sen (2011): The first judge to be impeached by the Rajya Sabha for misappropriation of funds. He resigned before the motion could be taken up in the Lok Sabha.

8. Key Judicial Controversies and Challenges

Judicial Overreach vs. Judicial Activism: While activism is seen as a positive intervention for justice, overreach is the criticism levelled when the judiciary is perceived to be encroaching upon the domains of the legislature (by making laws) or the executive (by interfering in policy). The SC's ban on liquor sales near highways or mandating BS-VI emission norms are often cited as examples that blur this line.
Collegium vs. NJAC:
- Collegium System: A system of appointment and transfer of judges that has evolved through Supreme Court judgments (Three Judges Cases), where decisions are made by a forum of the CJI and the four senior-most judges of the SC. It is criticized for being opaque and promoting nepotism ("uncle judges").
- NJAC (National Judicial Appointments Commission): Proposed by the 99th Constitutional Amendment Act, 2014, to replace the collegium. It was a six-member body including the CJI, two senior SC judges, the Union Law Minister, and two "eminent persons."
- The Clash: In 2015, the Supreme Court struck down the NJAC Act as unconstitutional, holding that the inclusion of the executive and eminent persons violated the independence of the judiciary, which is part of the "basic structure." This debate on transparency vs. independence continues.
Recent Governor Judgment in Tamil Nadu (July 2024): In a landmark ruling concerning the Tamil Nadu Governor's delay in assenting to bills, the Supreme Court declared that a Governor cannot indefinitely withhold assent to bills passed by the state legislature. The Court directed that Governors must act within a reasonable time-frame. This judgment is significant as it addresses concerns about governors, as agents of the Centre, creating a legislative deadlock and undermining federalism. It has, however, reignited the debate on the separation of powers and whether the judiciary can set time limits for a constitutional authority.
Pendency Crisis and Underfunding:
- Statistics: As of mid-2024, over 5 crore cases are pending across all courts in India. The National Judicial Data Grid (NJDG) provides real-time data on this crisis. The Supreme Court itself has over 80,000 pending cases.
- Judge-to-Population Ratio: India has one of the lowest ratios in the world, at approximately 21 judges per million people, against a recommended 50 judges per million by the Law Commission.
- Vacancies: High vacancy rates in High Courts (often over 30%) and subordinate courts cripple the justice delivery system.

9. Timeline of Judicial Evolution & Key Reforms

1950: Constitution comes into force. Supreme Court of India established.
1973 - Kesavananda Bharati Case: SC establishes the "Basic Structure Doctrine."
1981 - First Judges Case (S.P. Gupta v. Union of India): SC rules that the executive has primacy in judicial appointments; "consultation" does not mean "concurrence."
1980s: Emergence of Public Interest Litigation (PIL), relaxing the rule of locus standi.
1993 - Second Judges Case (SC Advocates-on-Record Assoc. v. UOI): SC overturns its earlier verdict. Rules that "consultation" means "concurrence." Birth of the Collegium System, giving primacy to the judiciary.
1998 - Third Judges Case (Special Reference): SC expands the Collegium to a five-member body (CJI + 4 senior-most judges) for SC appointments.
2014: Parliament passes the 99th Constitutional Amendment Act to establish the National Judicial Appointments Commission (NJAC).
2015 - Fourth Judges Case: SC strikes down the NJAC Act as unconstitutional, and the Collegium system is restored.
2024: SC delivers a landmark judgment on the time-bound disposal of bills by State Governors.

10. Comparison: Supreme Court vs. High Courts

Feature	Supreme Court	High Courts
Writ Jurisdiction	Article 32: Only for enforcement of Fundamental Rights.	Article 226: For Fundamental Rights and "any other purpose" (ordinary legal rights). Scope is wider.
Territorial Scope	Jurisdiction extends to the entire territory of India.	Jurisdiction is limited to the state or group of states it serves.
Original Jurisdiction	Exclusive jurisdiction in federal disputes (Centre-State, inter-State).	Primarily related to elections, admiralty, wills, etc. No jurisdiction in federal disputes.
Appeals	Final court of appeal. Hears appeals from High Courts and other tribunals.	Hears appeals from subordinate courts within their state.
Supervisory Power	No direct administrative superintendence over lower courts.	Article 227: Has direct power of superintendence over all subordinate courts in the state.
Advisory Power	Article 143: Can give advisory opinions to the President.	No such advisory power to the Governor.
Constitutional Authority	Ultimate interpreter of the Constitution. Its law (Article 141) is binding on all courts in India.	Bound by the decisions of the Supreme Court.

11. Test Your Knowledge

UPSC-Style Prelims MCQs

1. With reference to the Indian Judiciary, consider the following statements:

The writ jurisdiction of a High Court is wider than that of the Supreme Court.
The Supreme Court's power to grant Special Leave to Appeal extends to courts-martial.
The advice tendered by the Supreme Court to the President under Article 143 is binding on the President.

Which of the statements given above is/are correct?

(a) 1 only

(b) 1 and 2 only

(d) 1, 2 and 3

Answer: (a)

2. Which of the following powers is vested in a High Court but not in the Supreme Court in the same capacity?

(a) The power of Judicial Review.

(b) The power to punish for its own contempt.

(d) The power to issue writs for the enforcement of Fundamental Rights.

Answer: (c)

3. The process for the removal of a High Court judge in India is initiated by:

(a) The President of India after a recommendation from the Chief Justice of India.

(b) The Governor of the state in consultation with the President.

(d) A motion signed by a specified number of members in either House of Parliament.

Answer: (d)

4. The "Basic Structure Doctrine," a cornerstone of Indian constitutional law, was established by the Supreme Court in which landmark case?

(a) Minerva Mills v. Union of India

(b) Golaknath v. State of Punjab

(d) Maneka Gandhi v. Union of India

Answer: (c)

5. Consider the following regarding the National Judicial Appointments Commission (NJAC) Act, which was struck down by the Supreme Court:

It sought to replace the Collegium system for appointing judges.
The Union Law Minister was to be an ex-officio member.
The Supreme Court declared it void for violating the independence of the judiciary.

Which of the statements given above are correct?

(a) 1 and 2 only

(b) 2 and 3 only