Judiciary

Judiciary — Supreme Court, High Courts, Judicial Review and PIL

Overview

The Judiciary is the guardian of the Indian Constitution and the protector of fundamental rights. It forms the third pillar of Indian democracy alongside the Legislature and Executive. For TNPSC Group II, focus on court composition, appointment procedures, jurisdictions, landmark judgments, and constitutional provisions.

India follows an integrated judicial system — unlike the USA where federal and state courts are separate, Indian courts form a single hierarchy with the Supreme Court at the apex, High Courts at the state level, and subordinate courts below. This ensures uniformity in law interpretation across the country. Understanding Articles 124–147 (Supreme Court) and Articles 214–231 (High Courts) is essential for the exam.

Key focus areas include: qualifications and removal of judges, types of jurisdiction, the doctrine of judicial review, and the evolution of Public Interest Litigation as a tool for social justice.

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Key Concepts

• Integrated Judicial System: Single hierarchy of courts applying both Central and State laws — ensures legal unity across India.
• Independence of Judiciary: Secured through security of tenure, fixed service conditions, separation of judiciary from executive (Article 50), and ban on discussion of judge conduct in Parliament (except during impeachment).
• Supreme Court as Court of Record (Article 129): Its judgments are preserved as precedents and it can punish for contempt of itself.
• Judicial Review: Power of courts to examine the constitutionality of legislative and executive actions — declared a basic structure in Kesavananda Bharati case (1973).
• Collegium System: Judges of SC and HCs are appointed through a collegium of senior judges — not mentioned in Constitution, evolved through three Judges Cases (1981, 1993, 1998).
• Public Interest Litigation (PIL): Relaxation of locus standi allowing any public-spirited person to approach courts on behalf of those who cannot — originated in 1980s under Justice P.N. Bhagwati.
• Writ Jurisdiction: SC (Article 32) and HCs (Article 226) can issue five writs — Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.
• High Court's Wider Writ Power: Article 226 is broader than Article 32 — HC can issue writs for fundamental rights AND any other purpose; SC only for fundamental rights.

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Key Facts

Qualifications for SC Judge (Article 124):

• Citizen of India
• Judge of HC for 5 years, OR Advocate in HC for 10 years, OR Distinguished jurist in President's opinion

Qualifications for HC Judge (Article 217):

• Citizen of India
• Held judicial office in India for 10 years, OR Advocate in HC for 10 years

Types of Jurisdiction:

• Original: SC — disputes between Centre and States or between States (Article 131); HC — limited original jurisdiction
• Appellate: Both SC and HC hear appeals from lower courts
• Advisory: Only SC gives advisory opinion to President (Article 143)
• Review: SC can review its own judgments (Article 137)

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Worked Examples

Example 1: A law passed by Parliament violates Article 21 (Right to Life). What can the Supreme Court do?

Solution: The SC can exercise judicial review under Article 13 read with Article 32. It can declare the law void to the extent it violates fundamental rights. Article 13(2) states that any law contravening fundamental rights is void. The petitioner can file a writ petition under Article 32.

Example 2: A person is illegally detained by police without producing before a magistrate within 24 hours. Which writ applies?

Solution: Habeas Corpus (meaning "produce the body"). This writ commands the detaining authority to produce the detained person before the court and justify the detention. If detention is illegal, the person must be released.

Example 3: An NGO files a case in Supreme Court regarding child labour in factories, though it is not directly affected. Is this maintainable?

Solution: Yes, this is a Public Interest Litigation. The traditional rule of locus standi (only affected party can sue) is relaxed. Any public-spirited individual or organisation can approach SC or HC on behalf of those who cannot access courts due to poverty, ignorance, or disability.

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Common Mistakes

• Confusing retirement ages: SC judges retire at 65, HC judges at 62. Students often interchange these — remember "Supreme = Senior = 65".
• Thinking Article 32 and 226 are identical: Article 226 (HC) is wider — covers fundamental rights AND other legal rights. Article 32 (SC) is only for fundamental rights. Also, Article 32 is itself a fundamental right; Article 226 is not.
• Assuming collegium is constitutional: The collegium system was created by judicial interpretation through the Three Judges Cases, not by constitutional provision. The NJAC (99th Amendment) was struck down in 2015.
• Believing all SC decisions need all judges: Most cases are heard by benches of 2–5 judges. Constitution Benches of 5 or more judges hear substantial questions of law. Full Court sitting is extremely rare.
• Mixing up writs: Mandamus is to command performance of public duty; Prohibition and Certiorari are against judicial/quasi-judicial bodies; Quo Warranto questions the authority of a person holding public office.

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Quick Reference

• Article 32: Right to Constitutional Remedies — "Heart and Soul of Constitution" (Ambedkar)
• Article 136: SC's Special Leave Petition jurisdiction — can hear any case from any court
• Article 141: Law declared by SC is binding on all courts in India
• Article 142: SC can pass any decree for complete justice — used in Bhopal Gas, Ayodhya cases
• First PIL in India: Hussainara Khatoon v. State of Bihar (1979) — undertrials' rights
• Five Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto