UPSSSC PET · Bite-size lessons

Judicial Framework

About 7 min · Indian Constitution & Public Administration · English

Time worked out from the lesson's 558 words at 150 words a minute, plus a minute for each question.

The Judicial Framework is the backbone of India's constitutional democracy, ensuring the rule of law and protecting fundamental rights. For UPSSSC PET, this topic carries significant weight as it tests your understanding of the structure, functions, and landmark doctrines of India's judiciary. You must know the Supreme Court's composition, powers, and role as the guardian of the Constitution, alongside the High Courts' jurisdiction and authority. The concept of judicial review—the power to strike down unconstitutional laws—and the basic structure doctrine—limiting Parliament's amending power—are key concepts.

Key ideas

• Supreme Court as Apex Court: Established under Part V, Chapter IV of the Constitution (Articles 124-147), the Supreme Court is India's highest court of appeal, highest constitutional authority, and guardian of fundamental rights. It has original, appellate, and advisory jurisdiction.
• High Courts as Highest Courts of States: Each state or group of states has a High Court (Article 214) with supervisory authority over all subordinate courts. They exercise original, appellate, and writ jurisdiction within their territorial limits.
• Judicial Review: The power of courts to examine the constitutionality of legislative enactments and executive actions. Not explicitly mentioned in the Constitution but derived from Articles 13, 32, 226, and the federal structure. Courts can declare laws void if they violate fundamental rights or exceed constitutional limits.
• Basic Structure Doctrine: Established in Kesavananda Bharati v. State of Kerala (1973), this doctrine holds that Parliament cannot amend the Constitution in a manner that destroys or damages its basic features. Supremacy of Constitution, rule of law, judicial review, separation of powers, secularism, and federalism are recognized basic features.
• Collegium System: After the Second and Third Judges Cases (1993, 1998), the appointment of Supreme Court and High Court judges follows the collegium system—Chief Justice of India and senior-most judges recommend appointments. The government cannot reject recommendations except on specific grounds.

Watch out for

• Confusing Article 32 and 226: Students mix up the scope—Article 32 (SC) is limited to fundamental rights only; Article 226 (HC) covers fundamental rights plus other legal rights. Remember: HC has broader writ power, but SC is the Constitutional remedy guaranteed as a fundamental right.
• Thinking Basic Structure is in the Constitution: The basic structure doctrine is not written anywhere in the Constitution text. It was evolved by Supreme Court through judicial interpretation, primarily in Kesavananda Bharati (1973). Don't cite a specific article number for basic structure.
• Mixing up retirement ages: SC judges retire at 65, HC judges at 62. Many students reverse these or confuse with other constitutional posts. Remember: higher the court, higher the retirement age.

Quick reference

• SC: 1 CJI + 37 judges; retire at 65; Article 124-147
• HC: Judges retire at 62; Article 214-231; each state/group of states has one
• Five writs: Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto
• Article 32 (SC)—fundamental rights only; Article 226 (HC)—wider scope
• Basic Structure Doctrine—Kesavananda Bharati 1973; limits amending power

Check yourself: 3 questions

This lesson is cut from the topic's note, not rewritten. Fact-checked on 17 Oct 2026: an AI-assisted check of this note against cited sources; the errors it found were corrected that day. Some errors may remain. The questions are from Shishya's validated question bank.

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