Indian Judiciary — TNPSC Group 4 Polity Notes

Overview

India has an integrated and independent judicial system headed by the Supreme Court. The Constitution ensures judicial independence through security of tenure, fixed salaries charged to Consolidated Fund, and the process for removal (impeachment). The judiciary is the guardian of the Constitution and protector of Fundamental Rights.

Structure of the Judiciary

Supreme Court of India

Key Facts

Jurisdiction of the Supreme Court

1. Original Jurisdiction (Article 131) Cases that start in the Supreme Court itself:

• Disputes between two or more States
• Disputes between the Union and one or more States
• Note: Does NOT apply to disputes between private parties

2. Appellate Jurisdiction SC hears appeals from High Courts in:

• Constitutional matters (as of right, if HC certifies)
• Civil and criminal cases (if HC certifies substantial question of law)
• SC can grant Special Leave to Appeal (SLP) from any court/tribunal (Article 136)

3. Advisory Jurisdiction (Article 143) President can seek the Supreme Court's opinion on:

• Questions of law or fact of public importance
• SC may or may not give opinion; opinion is not binding

4. Writ Jurisdiction (Article 32) SC can issue 5 types of writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) for enforcement of Fundamental Rights.

Doctrine of Judicial Review

Judicial Review = courts can strike down laws that violate the Constitution.

In India, Article 13 states: "The State shall not make any law which takes away or abridges the rights conferred by this Part (Fundamental Rights) — and any law in contravention shall be void."

Key Supreme Court Cases:

• A.K. Gopalan (1950) — early test of Art. 21
• Golaknath (1967) — Parliament cannot amend Fundamental Rights
• Kesavananda Bharati (1973) — Parliament can amend but not destroy the Basic Structure
• Maneka Gandhi (1978) — expanded Art. 21 to include "due process" concept
• Minerva Mills (1980) — balance between FRs and DPSPs must be maintained

Public Interest Litigation (PIL)

PIL = any citizen can approach Supreme Court or High Court on a matter of public interest, even if not personally affected.

• Developed by Justice P.N. Bhagwati and Justice V.R. Krishna Iyer in late 1970s–80s
• Gave the poor and marginalized access to justice
• Filed under Article 32 (in SC) or Article 226 (in HC)
• Examples: environment cases, prison conditions, bonded labour, right to food

High Courts

Key Facts

High Court vs Supreme Court — Writ Jurisdiction:

• Article 32 (SC): Only for Fundamental Rights violations
• Article 226 (HC): For Fundamental Rights AND any other legal right — wider scope

Madras High Court

• One of the oldest High Courts in India
• Established: 1862 (along with Calcutta and Bombay)
• Location: Chennai
• Jurisdiction: Tamil Nadu + Puducherry
• Bench: Chennai (Principal), Madurai (Permanent Bench)

District Courts and Lower Courts

In Tamil Nadu, the District Judge is the head of the district judiciary. Appointment by Governor in consultation with the High Court.

Lokpal and Lokayukta

• Lokpal established under Lokpal and Lokayuktas Act, 2013
• First Lokpal: Justice Pinaki Chandra Ghose (2019)
• Tamil Nadu has a Lokayukta for state-level corruption complaints

Important for Exam - Supreme Court = guardian of Constitution; Article 124; judges retire at 65 - First Chief Justice = H.J. Kania - SC's original jurisdiction under Article 131 (Centre-State, inter-State disputes) - Article 32 = SC writ jurisdiction; Article 226 = HC writ jurisdiction (wider scope) - PIL developed by Justice P.N. Bhagwati - Kesavananda Bharati (1973) = Basic Structure doctrine - Madras High Court established 1862 (one of the three original High Courts) - High Court judges retire at 62