Indian Judiciary Notes for UPSC

The judiciary is the third organ of the government. It interprets the law, protects the Constitution, settles disputes and defends the rights of citizens. India has a single, integrated judicial system with the Supreme Court at the top, High Courts in each state or group of states and subordinate courts at the district level. For UPSC, this is a major topic: Prelims asks about Articles, appointments, jurisdiction and judgments, while Mains asks about judicial review, judicial activism, Public Interest Litigation (PIL), the collegium system and judicial reforms. This note explains all of this in simple language with tables.

The Supreme Court of India

The Supreme Court was established on 28 January 1950 and is the highest court of appeal and the guardian of the Constitution. It is governed by Articles 124 to 147. The strength is the Chief Justice of India and 33 other judges (a total of 34). Retirement age is 65 years.

Qualifications and Appointment

A judge must be a citizen of India and must have been a High Court judge for at least five years, or an advocate of a High Court for at least ten years, or a distinguished jurist in the President's opinion. Judges are appointed by the President, but in practice through the collegium system. This system evolved from three cases known as the Three Judges Cases: the First (S. P. Gupta, 1981), the Second (1993), which created the collegium of the CJI and two senior-most judges, and the Third (1998), which expanded it to the CJI and four senior-most judges. In 2014, Parliament created the National Judicial Appointments Commission (NJAC) through the 99th Amendment, but the Supreme Court struck it down in 2015 as it violated the independence of the judiciary and the basic structure.

Removal of Judges

A judge can be removed only by the President after an impeachment motion passed by both Houses of Parliament with a special majority (a majority of the total membership and two-thirds of the members present and voting) on grounds of proved misbehaviour or incapacity (Article 124(4)). The Judges (Inquiry) Act, 1968 provides the procedure. This difficult process protects the independence of judges. Their salaries are charged on the Consolidated Fund of India, so Parliament cannot vote on them.

Jurisdiction of the Supreme Court

Other important powers include judicial review, the power to review its own judgments (Article 137), the power to do "complete justice" in any case (Article 142) and the rule that the law declared by the Supreme Court is binding on all courts (Article 141). It also developed the curative petition as a last remedy to prevent a miscarriage of justice.

The High Courts

High Courts are the highest courts in the states, under Articles 214 to 231. There are 25 High Courts in India, and some are shared by more than one state or Union Territory. The oldest ones are Calcutta, Bombay and Madras (established in 1862). The Allahabad High Court is the largest. Judges are appointed by the President after consulting the Chief Justice of India, the Governor and the Chief Justice of the High Court, and they retire at 62 years. A High Court has original, appellate, writ (Article 226) and supervisory (Article 227) jurisdiction and is a court of record. Its writ power is wider than that of the Supreme Court because it can issue writs for Fundamental Rights and for any other legal right.

Subordinate Courts

At the district level, the District Judge is the head of the civil courts, and the Sessions Judge is the head of the criminal courts (usually the same person). The Governor appoints district judges in consultation with the High Court. Below them are the civil judges and judicial magistrates. Other forums for quick and cheaper justice include Lok Adalats (under the Legal Services Authorities Act, 1987), Family Courts (1984), Gram Nyayalayas (2008), tribunals (such as the National Green Tribunal, established in 2010) and alternative dispute resolution like arbitration and mediation. The National Legal Services Authority (NALSA) gives free legal aid to poor people, based on Article 39A.

Judicial Review

Judicial review is the power of the courts to examine the laws and actions of the legislature and executive and to strike down those that violate the Constitution. It is based on Articles 13, 32 and 226. The courts also decide the limits of power between the Centre and the states. In the Kesavananda Bharati case (1973), the Supreme Court said that judicial review is part of the basic structure of the Constitution.

Public Interest Litigation (PIL)

PIL allows any person or group to move the court for the benefit of the public or of people who cannot reach the court because of poverty or ignorance. It began in India in the late 1970s and 1980s through judges like Justice P. N. Bhagwati and Justice V. R. Krishna Iyer, who relaxed the old rule of locus standi (the petitioner must be the victim). The Hussainara Khatoon case (1979) on undertrial prisoners is regarded as the first PIL. Famous PILs include the Vishaka case (1997) on sexual harassment at work, the M. C. Mehta cases on environment and the Olga Tellis case on the right to livelihood.

Critics say PIL is sometimes misused for publicity or personal motives, and that courts may cross into the domain of the executive ("judicial overreach"). In response, the Supreme Court has laid down guidelines that PIL must be for genuine public interest and not frivolous.

Judicial Activism and Judicial Restraint

Judicial activism means that courts play an active role to protect rights and fill gaps left by the legislature, as in giving guidelines in the Vishaka case. Judicial restraint means that courts stay within their limits and leave policy to the elected government. A healthy democracy needs a balance between both, in line with the separation of powers.

Independence of the Judiciary

The Constitution protects judges through security of tenure, fixed salaries charged on the Consolidated Fund, a ban on discussing the conduct of a judge in Parliament (except in impeachment), powers to punish contempt, a separate judicial staff and Article 50, which directs the separation of the judiciary from the executive.

Challenges and Reforms (Mains Angle)

The major problems of the judiciary are the huge pendency of cases (about 5 crore cases in all courts), vacancies of judges, delays, lack of infrastructure, high costs for the poor, and criticism of the collegium for its lack of transparency. Reforms include more judges and better infrastructure, the e-Courts mission and digital records, use of alternative dispute resolution, an All India Judicial Service, a transparent and accountable appointment process, strict timelines and better case management. A strong answer also talks about balancing independence with accountability.

Practice Statements and Common Mistakes

• "The NJAC was declared valid by the Supreme Court." Wrong. It was struck down in 2015.
• "High Court judges retire at 62 and Supreme Court judges at 65." Correct.
• "Article 32 gives writ jurisdiction to the High Courts." Wrong. That is Article 226; Article 32 is for the Supreme Court.
• Do not confuse the original jurisdiction (Article 131) with the advisory jurisdiction (Article 143).

How to Study the Judiciary for UPSC

Start with the structure: Supreme Court at the top, High Courts in the middle and district courts below. Then study the Articles in groups, because UPSC likes to test one Article against another. Articles 124 to 147 deal with the Supreme Court, and Articles 214 to 231 deal with the High Courts. After that, read the landmark cases such as Kesavananda Bharati, the Three Judges Cases and the Vishaka case, and note what each one changed in the system. For Mains, always add a balanced conclusion: courts must protect rights and check the government, but they must also respect the separation of powers and work on reducing pendency. Writing one short answer on judicial reforms every week will make this topic your strength. Also follow current news, because new judgments on appointments, tribunals and bail often appear in questions.

Quick Revision

• Supreme Court: established in 1950; CJI plus 33 judges; retirement at 65; Articles 124 to 147.
• High Courts: 25; retirement at 62; Article 226 for writs; Article 227 for supervision.
• PIL: late 1970s; Justice Bhagwati and Justice Krishna Iyer; Hussainara Khatoon case.

The judiciary is the guardian of our rights and the Constitution. Learn the jurisdictions in a table, understand the collegium and the NJAC story and keep landmark PILs in mind, and practise a Mains answer on judicial reforms, and you will cover this topic well.

Related Notes to Read Next

Continue your preparation with these related notes from the same subject:

• Panchayati Raj and Local Government Notes for UPSC
• Constitutional Bodies Notes for UPSC
• Union Executive: President, Vice-President
• All Indian Polity and Governance notes

Frequently Asked Questions (FAQ)

How many judges are there in the Supreme Court of India?

The Supreme Court has a sanctioned strength of 34 judges, including the Chief Justice of India and 33 other judges.

What is the retirement age of Supreme Court and High Court judges?

Supreme Court judges retire at the age of 65 years, and High Court judges retire at the age of 62 years.

What is the collegium system?

The collegium system is the method by which the Chief Justice of India and a group of senior-most judges recommend the appointment and transfer of judges to the higher judiciary. It developed through the Three Judges Cases.

What was the NJAC?

The National Judicial Appointments Commission was a body created by the 99th Amendment (2014) to appoint judges, but the Supreme Court struck it down in 2015 as unconstitutional because it affected judicial independence.

How can a Supreme Court judge be removed?

A judge can be removed by the President after Parliament passes an impeachment motion with a special majority in both Houses on grounds of proved misbehaviour or incapacity.

What are the types of jurisdiction of the Supreme Court?

The Supreme Court has original, writ, appellate and advisory jurisdiction, and it is also a court of record with the power of judicial review.

What is the difference between Article 32 and Article 226?

Article 32 allows people to approach the Supreme Court for Fundamental Rights, while Article 226 allows them to approach the High Courts for Fundamental Rights and also for other legal rights.

What is Public Interest Litigation?

PIL is a legal action filed in a court in the interest of the public or of persons who cannot approach the court themselves. It was developed in India in the late 1970s and 1980s.

Which was the first PIL case in India?

The Hussainara Khatoon v. State of Bihar case of 1979, which dealt with undertrial prisoners kept in jail for long periods, is generally regarded as the first PIL.

What is judicial review?

Judicial review is the power of the courts to examine laws and government actions and declare them invalid if they violate the Constitution.

What is Article 142?

Article 142 gives the Supreme Court the power to pass any order necessary to do complete justice in any matter pending before it.

What are Lok Adalats?

Lok Adalats are forums created under the Legal Services Authorities Act, 1987, where disputes are settled by compromise at no cost, reducing the burden on regular courts.