Definition and Structure
Judiciary: Independent branch of government responsible for interpreting laws, administering justice, and protecting constitutional rights through impartial courts.
Constitutional Basis: Articles 124-147 (Supreme Court), Articles 214-231 (High Courts), Other articles for lower courts
Three-Tier System:
- Supreme Court of India (Apex court)
- High Courts (State courts; 25 High Courts)
- District and Lower Courts (Subordinate courts)
Supreme Court of India (Articles 124-147)
Composition and Appointment
Composition (Article 124):
- Chief Justice of India (CJI)
- Maximum 33 other judges (set by President, currently 33)
- Total: 34 judges maximum
Appointment:
- CJI: Appointed by President; usually senior-most judge
- Other Judges: Appointed by President on "Collegium System" (Supreme Court judges' recommendation)
Collegium System:
- Unique to India (not in Constitution text, but established by courts)
- CJI plus 4 senior judges select new judges
- Judges themselves decide judicial appointments (not Parliament or President)
- Controversial: lacks transparency; little accountability
Qualifications and Tenure
Qualifications:
- Indian citizen
- Minimum 10 years experience as lawyer or judge
- At least 5 years as High Court judge (usually)
- Sound legal knowledge
Term:
- Till age 65 years (mandatory retirement)
- Cannot be removed except by impeachment (very rare)
- Impeachment requires 2/3 majority in both houses on specific grounds
Jurisdiction of Supreme Court
Original Jurisdiction (Article 131):
- Federal disputes: Cases between Union and States or between States
- Writ Jurisdiction: Cases involving rights violations
- Can directly entertain cases of national importance
Appellate Jurisdiction (Articles 132-134):
- Civil Appeals: From High Courts on constitutional questions
- Criminal Appeals: Death sentence cases, important criminal cases
- Certificate needed: High Court must certify case involves constitutional interpretation
Writ Jurisdiction (Article 32):
- Issue writs: Habeas corpus, mandamus, prohibition, quo warranto, certiorari
- Protect Fundamental Rights: Only forum for direct rights protection
- Public Interest Litigation (PIL): Can hear cases on public interest (liberal standing)
Advisory Jurisdiction (Article 143):
- President can ask SC for opinion on constitutional questions
- Opinion not binding but persuasive
- Rarely used
Powers and Functions of Supreme Court
Judicial Powers:
- Final arbiter of law
- Interprets Constitution authoritatively
- Strikes down unconstitutional laws
- Reviews government action
Constitutional Powers:
- Judicial Review: Examines laws' constitutionality
- Constitutional Interpretation: Defines meaning of constitutional provisions
- Basic Structure Doctrine: Protects essential features from amendment
Regulatory Powers:
- Frames rules for court proceedings
- Regulates subordinate courts
- Makes rules for advocates' conduct
Public Interest Functions:
- Takes cases on public interest (PIL)
- Environmental protection cases
- Custodial violence cases
- Rights of marginalized groups
Landmark Judicial Interpretations
Kesavananda Bharati v. State of Kerala (1973):
- Established basic structure doctrine
- Limits Parliament's amendment power
- Cannot amend essential constitutional features