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.