Judiciary

Supreme Court - Constitutional Provisions

Constitution Article: Article 124

  • Establishment: The Supreme Court of India is established under Article 124 of the Constitution.
  • Composition:
    • Chief Justice of India (CJI)
    • 8 other judges (as per Article 124(2))
  • Tenure:
    • Judges hold office until the age of 65 (as per 124(2)(a))
  • Appointment:
    • Appointed by the President of India in consultation with the Chief Justice of India and the senior-most judge of the Supreme Court (as per Article 124(2)(b))
  • Removal:
    • Can be removed by the President on the grounds of misconduct or incapacity, after an inquiry by the Supreme Court (as per Article 124(4))
  • Powers:
    • Original, appellate, and advisory jurisdiction
  • Important Dates:
    • 1950: The Supreme Court was established on 28 January 1950
    • 1973: Kesavananda Bharati v. State of Kerala established the basic structure doctrine
  • Key Concepts:
    • Original Jurisdiction: Disputes between the Centre and States, or between States
    • Appellate Jurisdiction: Appeals from High Courts and other tribunals
    • Advisory Jurisdiction: Provides opinions on legal questions referred by the President

High Courts - Constitutional Provisions

Constitution Article: Article 214

  • Establishment: High Courts are established under Article 214 of the Constitution.
  • Composition:
    • Chief Justice of the High Court
    • Other judges (number varies by state)
  • Appointment:
    • Appointed by the President of India in consultation with the Chief Justice of India and the Governor of the state (as per Article 217)
  • Tenure:
    • Judges hold office until the age of 62 (as per Article 217(2)(a))
  • Removal:
    • Can be removed by the President on grounds of misconduct or incapacity, after an inquiry by the High Court (as per Article 217(4))
  • Powers:
    • Original and appellate jurisdiction within the state
  • Important Dates:
    • 1950: First High Court established in Kolkata on 1 January 1950
    • 1956: Constitution (Seventh Amendment) Act established the High Courts in Andhra Pradesh and Madras
  • Key Concepts:
    • Original Jurisdiction: Adjudication of matters within the state
    • Appellate Jurisdiction: Appeals from subordinate courts
    • Transfer of Judges: High Court judges can be transferred to another High Court (as per Article 222)

Subordinate Courts - Constitutional Provisions

Constitution Article: Article 226

  • Establishment: Subordinate courts are established by the state governments under the Constitution and various statutes.
  • Types:
    • District Courts
    • Sessions Courts
    • Additional Sessions Courts
    • Chief Judicial Magistrates
    • Judicial Magistrates
    • Executive Magistrates
  • Powers:
    • Exercise original and appellate jurisdiction
    • Adjudicate civil and criminal matters
  • Important Dates:
    • 1950: Subordinate courts were established as per the Constitution and state laws
  • Key Concepts:
    • Original Jurisdiction: Try cases at the first instance
    • Appellate Jurisdiction: Appeal from lower courts
    • Writ Jurisdiction: High Courts can issue writs under Article 226 for the enforcement of fundamental rights
  • Important Terms:
    • Writs: Habeas Corpus, Mandamus, Prohibition, Quo Warranto, Certiorari
    • Judicial Review: Power of the judiciary to review the constitutionality of laws

Comparative Summary Table

Aspect Supreme Court High Court Subordinate Courts
Constitution Article Article 124 Article 214 Article 226
Appointment President in consultation with CJI President in consultation with CJI and Governor State Government
Tenure 65 years 62 years Varies (up to 65 years)
Jurisdiction Original, Appellate, Advisory Original and Appellate Original and Appellate
Writ Jurisdiction Yes (under Article 32) Yes (under Article 226) No (only High Courts can issue writs)
Key Powers Constitutional Interpretation, Advisory State matters, Appellate Civil and Criminal Cases
Important Cases Kesavananda Bharati (1973), Kesavananda (1976) Kesavananda Bharati (1973) Not applicable

Key Facts for SSC, RRB Exams

  • Supreme Court is the highest judicial authority in India.
  • High Courts are the highest judicial authorities in their respective states.
  • Subordinate Courts are the lower courts that handle day-to-day judicial work.
  • Writs are issued by High Courts to protect fundamental rights.
  • Original Jurisdiction refers to the power to try cases at the first instance.
  • Appellate Jurisdiction refers to the power to review decisions of lower courts.
  • Judicial Review is the power of the judiciary to review the validity of laws.
  • Basic Structure Doctrine was established in Kesavananda Bharati v. State of Kerala (1973).
  • First High Court was established in Kolkata on 1 January 1950.
  • First Supreme Court was established on 28 January 1950.