Judicial Framework — Study Notes

**UPSSSC PET: Indian Constitution & Public Administration**

Overview

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 exam favorites. Questions typically ask about appointments, jurisdictions, landmark judgments, and the relationship between judiciary and other organs. Mastering this topic means understanding both the constitutional provisions (Articles 124-147 for Supreme Court, 214-231 for High Courts) and their practical application through historic cases.

Key Concepts

• **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 Principal Civil 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.

• **Independence of Judiciary**: Secured through fixed tenure, prohibition on parliamentary discussion of judicial conduct (except for removal), fixed salaries, and security of tenure. Judges can be removed only through impeachment by Parliament on grounds of proven misbehavior or incapacity.