Pariksha SaathiLesson 8 of 10 · Indian Polity and Constitution
The Judiciary: Supreme Court, High Courts, Subordinate Courts and Tribunals
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One integrated judiciary
India has a single integrated judicial system, with the Supreme Court at the top, High Courts below it and subordinate courts in the districts, an arrangement taken from the Government of India Act 1935. The Supreme Court, dealt with in Articles 124 to 147, was inaugurated on 28 January 1950, succeeding the Federal Court of 1937. It began with a Chief Justice and 7 other judges, and Parliament can raise the number by law. Its seat is Delhi (Article 130).
Appointment of judges
The President appoints judges under Article 124(2) after consulting such judges of the Supreme Court and High Courts as necessary, and the Chief Justice of India must be consulted for every appointment other than his own. The Second Judges case (1993) created the collegium of the Chief Justice and the two senior-most judges, and the Third Judges case (1998), a presidential reference, widened it to the Chief Justice and the four senior-most judges. The 99th Amendment (2014) set up a National Judicial Appointments Commission, which the Court struck down in the Fourth Judges case in 2015. A judge must be a citizen and have been a High Court judge for 5 years or a High Court advocate for 10 years, or be a distinguished jurist in the President's opinion. Supreme Court judges retire at 65 and High Court judges at 62.
Removal and independence
A judge can be removed only by the President after each House, in the same session, passes an address by a majority of its total membership and two-thirds of members present and voting, on the ground of proved misbehaviour or incapacity (Article 124(4)). Under the Judges (Inquiry) Act 1968 the motion needs 100 Lok Sabha or 50 Rajya Sabha signatures, and if admitted goes to a three-member inquiry committee. The first such motion, against Justice V. Ramaswami, failed in the Lok Sabha in 1993. Judges' salaries are charged on the Consolidated Fund of India, their conduct cannot be discussed in Parliament except during removal (Article 121), and the Court can punish for its contempt as a court of record (Article 129).
Jurisdictions of the Supreme Court
Original jurisdiction (Article 131) is exclusive and covers legal disputes between the Centre and states or between states, but not disputes under pre-constitution treaties. Writ jurisdiction under Article 32 is shared with the High Courts. Appellate jurisdiction covers constitutional cases on a High Court's certificate (Article 132), civil cases (Article 133) and criminal cases (Article 134). Under Article 136 the Court may grant special leave to appeal against any judgment of any court or tribunal except military ones, its widest discretionary power. Under Article 143 the President may seek its opinion on a question of law or fact of public importance; the opinion is not binding and may be declined, but on disputes from pre-constitution treaties the Court must give it.
Judicial review and PIL
Judicial review, the power to strike down laws and executive actions that violate the Constitution, flows from Articles 13, 32 and 226 among others and is part of the basic structure (Minerva Mills 1980; L. Chandra Kumar 1997 for the writ powers of the High Courts). Public interest litigation, pioneered by Justices P.N. Bhagwati and V.R. Krishna Iyer, relaxed the rule that only an affected person can approach the court. Hussainara Khatoon (1979), on undertrial prisoners, is regarded as the first reported PIL. Landmark PILs include Vishaka (1997) on sexual harassment at the workplace.
High Courts
Article 214 provides a High Court for each state, and Article 231 allows a common High Court for two or more states. The Calcutta, Bombay and Madras High Courts, set up in 1862, are the oldest. The President appoints judges after consulting the Chief Justice of India, the Governor and, for other judges, the High Court's Chief Justice (Article 217). A judge needs 10 years in judicial office or 10 years as a High Court advocate; there is no distinguished jurist category. The oath is taken before the Governor. Article 226 lets High Courts issue writs for Fundamental Rights and for any other purpose, and Article 227 gives them superintendence over all courts and tribunals in their territory except military ones.
Subordinate courts, tribunals and Lok Adalats
Under Articles 233 to 237, district judges are appointed by the Governor in consultation with the High Court, and the High Court controls subordinate courts. The district judge is the highest judicial officer in a district; hearing criminal cases he is the sessions judge, whose death sentence needs the High Court's confirmation. The 42nd Amendment (1976) added Part XIVA: Article 323A lets Parliament set up administrative tribunals for public service matters (Administrative Tribunals Act 1985), and Article 323B lets Parliament and state legislatures set up tribunals for taxation, industrial disputes, land reforms and other matters. Lok Adalats got statutory status under the Legal Services Authorities Act 1987; the first was held at Junagadh in Gujarat in 1982. A Lok Adalat award is deemed a civil court decree, is final with no appeal, and no court fee is payable.
Key facts
- Supreme Court inaugurated 28 January 1950, replacing the Federal Court (1937); original strength Chief Justice + 7 judges; Parliament can raise the number by law.
- Judges cases: First (S.P. Gupta 1981, consultation not concurrence), Second (1993, collegium of CJI + 2), Third (1998, CJI + 4), Fourth (2015, NJAC struck down).
- Retirement age: Supreme Court judge 65; High Court judge 62 (raised from 60 by the 15th Amendment, 1963).
- Removal motion: signed by 100 Lok Sabha or 50 Rajya Sabha members; special majority in both Houses in the same session; grounds are proved misbehaviour or incapacity.
- Article 131 original (Centre-state and inter-state disputes), Article 136 special leave, Article 143 advisory (opinion not binding), Article 141 its law binds all courts, Article 142 complete justice.
- Oath: Supreme Court judges before the President; High Court judges before the Governor; retired Supreme Court judges cannot plead in any court in India.
- Oldest High Courts: Calcutta, Bombay and Madras, 1862; Article 222: the President transfers High Court judges after consulting the CJI.
- PIL pioneers: Justices P.N. Bhagwati and V.R. Krishna Iyer; Hussainara Khatoon (1979) first reported PIL; Vishaka (1997) workplace harassment guidelines.
- Tribunals: Part XIVA added by the 42nd Amendment; Article 323A administrative tribunals (Parliament only), Article 323B other tribunals (Parliament and state legislatures); L. Chandra Kumar (1997) kept High Court review over them.
- Lok Adalat: statutory under the Legal Services Authorities Act 1987; first held at Junagadh, Gujarat, in 1982; award final, no appeal, no court fee.
Quick revision
Integrated judiciary from GoI Act 1935; SC inaugurated 28 Jan 1950; Arts 124-147; collegium from Second Judges case 1993; NJAC struck down 2015; SC judges retire at 65, HC at 62; removal Art 124(4) and Judges (Inquiry) Act 1968; jurisdiction: original 131, writ 32, appellate 132-134 and 136, advisory 143; HCs Arts 214-231, writs Art 226; district judges Art 233; tribunals 323A, 323B; Lok Adalats under 1987 Act.