Judiciary — Supreme Court and High Courts — TNPSC Group II/IIA Polity

Overview

India has an integrated judicial system with the Supreme Court at the apex, High Courts in each state, and subordinate courts below. The judiciary is independent of the executive and legislature. For TNPSC Group 2/2A, focus on Supreme Court composition and jurisdiction, High Court powers, judicial review, PIL, and key articles.

Supreme Court of India (Articles 124–147)

Composition

Removal of Supreme Court Judges

• By impeachment — address by Parliament
• Special majority: 2/3rd of members present and voting + majority of total membership of each house
• Must be on grounds of proved misbehaviour or incapacity

Collegium System

• Collegium: CJI + 4 senior-most SC judges — recommends appointment and transfer of judges
• No explicit constitutional provision; evolved through judicial decisions
• Three Judges Cases: 1st (1981), 2nd (1993), 3rd (1998)
• National Judicial Appointments Commission (NJAC): 99th Amendment (2014) — declared unconstitutional in 2015

Jurisdiction of Supreme Court

1. Original Jurisdiction (Article 131)

The SC has exclusive original jurisdiction in:

• Disputes between Union and one or more States
• Disputes between States
• (Not individual vs. State — that goes to HC first)

2. Writ Jurisdiction (Article 32)

• Can issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto)
• Only for enforcement of Fundamental Rights
• This is itself a Fundamental Right — cannot be suspended except during Emergency (Articles 20/21 protected)

3. Appellate Jurisdiction

Article 136 (Special Leave Petition — SLP):

• Most frequently used; discretionary
• SC can grant leave to appeal from any judgment of any court/tribunal in India (except military tribunals)
• Allows SC to interfere even without formal appeal — most powerful appellate tool

4. Advisory Jurisdiction (Article 143)

• President can refer a question of law or fact to SC for its opinion
• SC may give advisory opinion; not binding on President
• Example: President referred Cauvery dispute; Ayodhya title dispute advisory

5. Review Jurisdiction (Article 137)

• SC can review its own judgments
• Review petition must be filed within 30 days of judgment

Independence of Judiciary

Constitutional Safeguards

High Courts (Articles 214–231)

Madras High Court

• Established 1862 — one of the oldest HCs in India
• Jurisdiction: Tamil Nadu and Puducherry
• Bench at Madurai for southern Tamil Nadu

Comparison: SC vs HC

Judicial Review

• Power to examine constitutionality of legislative and executive acts
• If inconsistent with Constitution → void
• Derived from Articles 13, 32, 226
• Part of Basic Structure (cannot be taken away by amendment)
• India's judicial review is narrower than USA — courts only check if procedure is followed; USA courts also check reasonableness

Key Cases on Judicial Review

• Marbury v. Madison (1803): US case that established judicial review concept
• A.K. Gopalan v. State of Madras (1950): SC held that Article 21's procedure could be any procedure enacted by law
• Maneka Gandhi v. Union of India (1978): SC expanded Article 21 — procedure must be fair, just, reasonable
• Kesavananda Bharati v. State of Kerala (1973): Basic Structure Doctrine — Parliament cannot destroy basic structure

Public Interest Litigation (PIL)

What is PIL?

• Any citizen can file a petition in SC or HC for matters of public interest
• Not limited to aggrieved party — "locus standi" relaxed
• Letters to courts can be treated as PIL
• Introduced in 1980s by Justice P.N. Bhagwati and Justice V.R. Krishna Iyer

Important PIL Cases

Contempt of Court

• Courts can punish for contempt — undermines authority and dignity of courts
• Two types:
• Civil Contempt: Willful disobedience of court order
• Criminal Contempt: Publication of material that scandalises or lowers court's authority
• Contempt of Courts Act 1971 governs this

Key Facts for TNPSC Group II/IIA

• Supreme Court: 1 CJI + 33 judges = 34 total; located at New Delhi; retirement at 65
• Article 32: SC issues writs; called "heart and soul of Constitution" by Ambedkar
• Article 136 (SLP): SC can grant leave to appeal from any court/tribunal in India
• Article 143: Advisory jurisdiction — President refers legal questions to SC for opinion
• High Courts: Article 214; HC judges retire at 62; Article 226 gives broader writ jurisdiction
• Madras High Court: Established 1862; covers Tamil Nadu and Puducherry
• Judicial Review: Power to declare laws unconstitutional; part of Basic Structure
• PIL: Introduced in 1980s; any citizen can file for public interest; relaxed locus standi
• Basic Structure Doctrine: Kesavananda Bharati (1973) — Parliament cannot amend basic structure
• Collegium System: CJI + 4 senior judges recommend judicial appointments

Previous Year MCQ Patterns

Q: Which article of the Constitution gives the Supreme Court power to grant Special Leave Petition (SLP)? a) Article 32 b) Article 131 c) Article 136 d) Article 143

Q: The retirement age of a High Court judge in India is: a) 60 years b) 62 years c) 65 years d) 70 years

Q: Public Interest Litigation (PIL) was pioneered in India by: a) Justice Y.V. Chandrachud b) Justice P.N. Bhagwati c) Justice H.J. Kania d) Justice D.Y. Chandrachud