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.