Supreme Court and High Courts
~11 min read
- Supreme Court: Established 28 Jan 1950. Max 34 judges (CJI + 33). Original, appellate, advisory, writ jurisdiction. Articles 124-147.
- High Courts: 25 across India. Headed by Chief Justice. Original and writ jurisdiction under Article 226 — wider than SC. Articles 214-237.
- Judicial review: Power to declare laws unconstitutional. Part of basic structure (Kesavananda).
India has an integrated judiciary — SC at the apex, 25 HCs below, subordinate courts at the bottom. NDA tests jurisdiction, appointment process, and landmark cases.
Supreme Court — Structure
- Established: 28 January 1950 (under Article 124). Replaced the Federal Court of India.
- Composition: Chief Justice of India + max 33 other judges (total 34). Number set by Parliament.
- Appointment: By President — CJI in consultation with senior SC judges; other judges in consultation with CJI + collegium.
- Tenure: Until age 65. Removal: only through impeachment for "proved misbehaviour or incapacity" — 2/3 majority in both houses (Article 124(4)).
- Qualifications: Citizen; HC judge for 5+ years OR HC advocate for 10+ years OR a distinguished jurist in President's opinion.
- Seat: Delhi; can sit elsewhere with CJI's approval.
Supreme Court — Jurisdiction
| Jurisdiction | Article | Scope |
|---|---|---|
| Original | 131 | Disputes between Centre and States, between two or more States — exclusive |
| Writ | 32 | Enforcement of Fundamental Rights — issues 5 writs |
| Appellate | 132-134 | Appeals from HC in constitutional, civil, criminal matters |
| Special Leave (SLP) | 136 | Discretionary appeal from any court/tribunal in India |
| Advisory | 143 | President can refer questions of law to SC for opinion (non-binding) |
| Review | 137 | SC can review its own judgments |
| Curative | (judge-made) | Rare petition to review even after review dismissed |
High Courts
- Number: 25 across India. Some HCs serve multiple states (Bombay HC, Punjab & Haryana HC, Madras HC).
- Oldest: Calcutta HC (1862). Followed by Bombay and Madras HCs same year.
- Composition: Chief Justice + other judges (number varies; set by President).
- Appointment: By President — Chief Justice on CJI's recommendation; other judges in consultation with CJI, Governor, CJ of HC.
- Tenure: Until age 62 (lower than SC's 65).
- Removal: Same procedure as SC judges.
- Article 226 (Writs): Wider than SC's Article 32 — issues writs for FRs AND any other purpose.
- Article 227 (Superintendence): Supervisory power over all subordinate courts and tribunals in its territory.
The Collegium System
- Not in the Constitution. Evolved through judgments — First Judges Case (1981), Second Judges Case (1993), Third Judges Case (1998).
- SC collegium: CJI + 4 senior-most judges. Recommends appointments and transfers to SC and HCs.
- HC collegium: CJ of HC + 2 senior-most judges. Recommends HC appointments.
- NJAC controversy: 99th Amendment (2014) replaced collegium with NJAC. SC struck it down in 2015 (NJAC case) as violating judicial independence — basic structure. Collegium restored.
Landmark Cases
| Case | Year | Significance |
|---|---|---|
| A.K. Gopalan | 1950 | Narrow reading of Article 21 |
| Golak Nath | 1967 | FRs cannot be amended |
| Kesavananda Bharati | 1973 | Basic structure doctrine |
| Maneka Gandhi | 1978 | Article 21 expanded — procedure must be fair, just, reasonable |
| Minerva Mills | 1980 | Limited 42nd Amendment |
| S.R. Bommai | 1994 | Limits on Article 356 — President's Rule |
| K.S. Puttaswamy | 2017 | Right to privacy |
| Navtej Singh Johar | 2018 | Section 377 read down |
NDA PYQ Examples
Q: The age of retirement for a Supreme Court judge is:
(a) 60 (b) 62 (c) 65 (d) 70
Answer: (c) 65 years.
Q: The maximum number of judges in the Supreme Court is:
(a) 25 (b) 31 (c) 33 (d) 34
Answer: (d) 34 — CJI + 33 other judges.
Q: Article 32 of the Constitution provides:
(a) Power of HC to issue writs (b) Right to constitutional remedies (c) Power of SC to amend Constitution (d) Procedure for removing judges
Answer: (b) Right to constitutional remedies — SC's writ jurisdiction.
Q: The original jurisdiction of the Supreme Court covers:
(a) All civil and criminal cases (b) Disputes between Centre and States (c) Appeals from HC (d) Public interest litigation only
Answer: (b) Disputes between Centre and States, and between two or more States — Article 131.
Drill Supreme Court and High Courts for NDA
NDA-pattern items on Supreme Court and High Courts with answer keys and explanations.
Start Free Mock TestFrequently Asked Questions
How is a Supreme Court judge removed?
Only through impeachment under Article 124(4). Grounds: 'proved misbehaviour or incapacity'. Requires 2/3 majority of members present and voting and majority of total membership of EACH house. So far, no judge has been successfully removed.
What is the difference between Article 32 and Article 226?
Both authorise writs. Article 32 — only SC, only for FRs, is itself a FR. Article 226 — only HC, for FRs and any other legal right, wider but not a FR. HC's territorial jurisdiction limited to its state + where cause of action arises.
What is judicial review?
The power of courts to examine the constitutionality of legislative and executive actions and to declare them invalid if they violate the Constitution. Part of the basic structure (Kesavananda).
What is the collegium system?
A judicial-evolved system where senior judges recommend appointments and transfers of judges. Not in the Constitution; developed through three Judges Cases (1981, 1993, 1998). Criticised for opacity; defended for protecting judicial independence.
Which is India's oldest High Court?
Calcutta High Court, established 1862. Bombay and Madras HCs were also established in 1862. They predate the Indian Constitution.