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.

• **PIL (Public Interest Litigation)**: Liberalized standing rules allow any public-spirited person to approach Supreme Court (Article 32) or High Courts (Article 226) on behalf of marginalized sections. Pioneered by Justice V.R. Krishna Iyer and P.N. Bhagwati in the 1980s.

• **Judicial Activism vs. Restraint**: Courts actively interpreting Constitution to protect rights and fill legislative gaps (activism) versus limiting themselves to interpreting laws without policy-making (restraint). Indian judiciary has shown both tendencies depending on the era.

Formulas / Key Facts

• **Supreme Court Composition**: 1 Chief Justice of India + 33 other judges (total 34 as of now); initially only 8 judges in 1950.
• **Qualifications for SC Judge**: Must be an Indian citizen; either (a) High Court judge for 5+ years, or (b) advocate of High Court for 10+ years, or (c) distinguished jurist in President's opinion.
• **Retirement Age**: Supreme Court judges retire at 65 years; High Court judges at 62 years.
• **Writ Jurisdictions**: Article 32 (Supreme Court) and Article 226 (High Courts) — five types: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.
• **Original Jurisdiction (SC)**: Disputes between Government of India and states, between states, or involving interpretation of the Constitution (Article 131).
• **Appellate Jurisdiction (SC)**: Civil, criminal, and constitutional matters from High Courts; includes special leave to appeal (Article 136).
• **Advisory Jurisdiction**: President can seek SC's opinion on any question of law or fact of public importance (Article 143); opinion is not binding.
• **High Court Jurisdiction**: Original (cases arising within territorial limits), appellate (appeals from subordinate courts), writ (Article 226), and supervisory jurisdiction over all courts in the state.
• **Appointment Process**: For SC—President appoints after consulting CJI and other judges; for HC—President appoints after consulting CJI, Governor, and Chief Justice of concerned HC.
• **Removal Process**: Impeachment requires motion supported by 100 Lok Sabha or 50 Rajya Sabha members, passed by special majority (2/3 present + voting, absolute majority of House).

Worked Examples

**Example 1: Identifying Writ Types** *Question*: A public servant is illegally holding an office to which he is not entitled. Which writ can be issued? *Solution*: **Quo Warranto** is the appropriate writ. It means "by what authority" and is issued to inquire into the legality of a person's claim to a public office. The court demands the person to show under what authority they hold the office. If they cannot show lawful authority, the court can declare the office vacant. This prevents unauthorized occupation of public positions.

**Example 2: Basic Structure Application** *Question*: Parliament passes the 99th Constitutional Amendment removing judicial review of elections of PM and Speaker. Is this valid? *Solution*: This amendment would be **invalid** under the basic structure doctrine. Judicial review is a core basic feature identified in Kesavananda Bharati case. Any amendment that destroys or damages this feature—even if passed following Article 368 procedure—would be unconstitutional. The Supreme Court would strike it down as it fundamentally alters the constitutional balance and removes a check on executive and legislative power.

**Example 3: Jurisdiction Question** *Question*: Can the Supreme Court issue writs for violation of fundamental rights as well as other purposes? *Solution*: Under **Article 32**, the Supreme Court can issue writs **only** for enforcement of fundamental rights (Part III). However, High Courts under **Article 226** have wider writ jurisdiction—they can issue writs not only for fundamental rights but also for "any other purpose" including violation of ordinary legal rights. This makes High Court writ jurisdiction broader in scope, though Supreme Court's Article 32 is itself a fundamental right and cannot be suspended even during Emergency (except Article 21).

Common Mistakes

• **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.

• **Assuming judicial review is only about fundamental rights**: Judicial review extends beyond Part III—it includes examining whether laws violate any constitutional provision (distribution of powers, procedural requirements, Part IV if made part of law). Don't limit judicial review only to Articles 12-35.

• **Believing Collegium is constitutional**: The Collegium system arose from Supreme Court judgments (Second and Third Judges Cases), not from the Constitution. Articles 124 and 217 only say President appoints "after consultation" with CJI and other judges. Collegium made this consultation binding, but it's judge-made law, not constitutional text.

Quick Reference

• **SC: 1 CJI + 33 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**
• **Judicial Review—derived from Articles 13, 32, 226; power to strike down unconstitutional laws**
• **Collegium System—CJI + 4 senior judges for SC; CJI + 2 senior judges for HC**
• **Impeachment—special majority (2/3 present + absolute majority); grounds: misbehavior or incapacity**