Polity · topic 7 of 11
Supreme Court, High Courts & Legal Institutions
Articles 124–147 (Supreme Court) and 214–231 (High Courts). UPSC asks jurisdictions by Article number, who fixes what (Parliament vs President vs CJI), how a judge is removed, and the statutory side: legal services, lok adalats, gram nyayalayas, contempt.
Supreme Court basics
| Item | Rule |
|---|---|
| Strength | CJI + up to 33 others (34 in all, since 2019); fixed by Parliament by law |
| Appointment | President, after consulting judges — the collegium system (Second Judges case 1993, Third 1998); NJAC struck down 2015 (Fourth Judges case) |
| Qualification | Citizen + 5 years a HC judge / 10 years a HC advocate / distinguished jurist in the President’s opinion |
| Tenure | Till 65; no minimum age |
| Removal (Art. 124(4)) | Proved misbehaviour or incapacity; address by each House with a special majority, same session; procedure in the Judges (Inquiry) Act 1968 |
| Salary | Fixed by Parliament; charged on the Consolidated Fund; cannot be cut except in a Financial Emergency |
| Seat | Delhi; the CJI may appoint other places with the President’s approval (Art. 130) |
| Ad hoc / retired judges | Ad hoc: CJI with the President’s consent, for quorum (Art. 127). Retired judges: CJI with the President’s consent (Art. 128) |
Jurisdictions
| Type | Article | What |
|---|---|---|
| Original | 131 | Centre vs States, State vs State — exclusive, legal rights only |
| Writ | 32 | Enforcing Fundamental Rights (HCs: Art. 226, wider) |
| Appellate | 132–134, 136 | Constitutional, civil, criminal appeals; special leave (Art. 136) against any court or tribunal except military ones |
| Advisory | 143 | President refers a question; the opinion is not binding |
| Court of record | 129 | Records are evidence; can punish for contempt of itself |
| Review | 137 | Can review its own judgments; curative petition (Rupa Hurra 2002) after that |
| Complete justice | 142 | Any order needed to do complete justice |
High Courts
- Every State has one; Parliament can set up a common HC for two or more States/UTs (Art. 231). There are 25 High Courts.
- Judges appointed by the President after consulting the CJI and the Governor (and the HC CJ); retire at 62; removed the same way as SC judges.
- Strength is fixed by the President (not Parliament, unlike the SC).
- Art. 226 writs for FRs “and for any other purpose” — wider than Art. 32. Art. 227 superintendence over courts in its territory.
- No advisory jurisdiction.
Statutory legal institutions
| Body | Key facts |
|---|---|
| NALSA (1995) | Legal Services Authorities Act 1987; patron-in-chief = CJI, executive chairman = senior-most SC judge after the CJI; free legal aid to women, children, SC/ST, industrial workmen, disabled, people in custody, and those below an income limit; guidelines for State LSAs |
| Lok Adalat | Under the same Act; award is a civil court decree, final — no appeal |
| Gram Nyayalaya (2008 Act) | Mobile courts at intermediate Panchayat level; civil and criminal cases; presiding officer a Nyayadhikari (judicial officer) appointed by the State with the HC’s consultation |
| Contempt (1971 Act) | After the H.N. Sanyal Committee; civil and criminal contempt defined in the Act; truth a defence since 2006 |
| Bar Council of India | Advocates Act 1961; conduct, legal education, recognition of law colleges |
| Family Courts (1984 Act) | Set up by States with HC consultation |
Judicial review & basic structure
- Judicial review is itself part of the basic structure (Minerva Mills 1980, L. Chandra Kumar 1997 — tribunals subject to HC review).
- High Courts can declare central laws unconstitutional.
- Constitutional amendments can be reviewed — against the basic structure (Kesavananda 1973).
Traps UPSC sets
| The wrong idea | What is actually true |
|---|---|
| The President fixes the number of SC judges | Parliament (Art. 124(1)). |
| The Constitution defines “proved misbehaviour” | It does not. |
| The Speaker must admit an impeachment motion against a judge | The Speaker may admit or refuse (Judges Inquiry Act 1968). |
| Centre–State disputes = writ jurisdiction | Original jurisdiction (Art. 131). |
| High Courts have advisory jurisdiction | Only the SC (Art. 143). |
| Constitution defines civil and criminal contempt | The 1971 Act does. |
For Mains
GS 2: judicial appointments (collegium vs NJAC), pendency (~5 crore cases), judicial overreach vs activism, PIL, tribunalisation (Madras Bar Association cases), access to justice — NALSA, lok adalats, e-courts.
Real PYQs on this topic, solved
UPSC 2019 · Removing a judge
Consider the following statements:
- The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968. — ✗
- The Constitution of India defines and gives details of what constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India. — ✗
- The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968. — ✓
- If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting. — ✓
Answer (c): 3 and 4 only
Remember: Judge removal: grounds in Art. 124(4) (not defined) · procedure in the Judges (Inquiry) Act 1968 · special majority in each House · Speaker may refuse the motion.
UPSC 2014 · Jurisdiction
The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its
Answer (c): original jurisdiction
Remember: SC jurisdiction: original (131) · writ (32) · appellate (132–136) · advisory (143) · court of record (129). Centre vs State = Art. 131.
UPSC 2014 · Strength of the Court
The power to increase the number of judges in the Supreme Court of India is vested in
Answer (b): the Parliament
Remember: SC strength fixed by Parliament (Art. 124(1)) · now 34 incl. CJI (2019) · ad hoc judges by the CJI with the President’s consent (Art. 127).
UPSC 2022 · Advocates & Bar Councils
With reference to India, consider the following statements:
- Government law officers and legal firms are recognized as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates. — ✗
- Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges. — ✓
Answer (b): 2 only
Remember: Advocates Act 1961 · Bar Council of India = professional conduct + legal education + recognition of law colleges · advocate = enrolled court practitioner.
UPSC 2022 · Contempt of Court
Consider the following statements:
- Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed. — ✓
- The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves. — ✓
- The Constitution of India defines Civil Contempt and Criminal Contempt. — ✗
- In India, the Parliament is vested with the powers to make laws on Contempt of Court. — ✓
Answer (b): 1, 2 and 4
Remember: Contempt: power = Arts. 129 (SC), 215 (HC) · definitions = Contempt of Courts Act 1971 (Sanyal Committee) · truth is a defence since 2006.