1. Introduction
The Supreme Court of India is the apex constitutional court and the highest judicial forum in the country. It was established on January 26, 1950, replacing the Federal Court of India established under the Government of India Act, 1935.
It is the guardian of the Constitution, protector of fundamental rights, and final interpreter of constitutional provisions. Its judgments are binding on all courts in India.
The Supreme Court is a Court of Record and has power to punish for contempt.
2. Constitutional Provisions (Articles 124–147)
| Article | Subject |
|---|---|
| 124 | Establishment, appointment, tenure, removal |
| 125 | Salaries |
| 126 | Acting Chief Justice |
| 127 | Ad hoc judges |
| 128 | Retired judges attendance |
| 129 | Court of Record |
| 130 | Seat of Supreme Court |
| 131 | Original jurisdiction |
| 132–136 | Appellate jurisdiction |
| 137 | Review power |
| 139A | Transfer cases |
| 141 | Law binding on courts |
| 142 | Complete justice power |
| 143 | Advisory jurisdiction |
3. Composition of Supreme Court
| Aspect | Details |
|---|---|
| Original strength | 8 judges |
| Current strength | 34 judges |
| Seat | New Delhi |
4. Appointment of Judges
Judges are appointed by the President under Article 124.
Collegium System
| Position | Appointment method |
|---|---|
| CJI | Senior-most judge appointed |
| Other judges | President appoints on collegium recommendation |
Second Judges Case (1993): Collegium system established.
Fourth Judges Case (2015): NJAC declared unconstitutional.
5. Qualifications (Article 124)
| Qualification | Requirement |
|---|---|
| Citizenship | Indian citizen |
| High Court Judge | 5 years experience |
| Advocate | 10 years experience |
| Distinguished jurist | Eligible |
6. Removal of Judges (Impeachment)
| Ground | Requirement |
|---|---|
| Misbehavior | Impeachment |
| Incapacity | Impeachment |
Requires special majority in Parliament.
7. Independence of Judiciary
- Security of tenure
- Fixed salaries
- Removal by impeachment only
- Power to punish contempt
- Separate from executive
8. Jurisdiction of Supreme Court
Original Jurisdiction (Article 131)
- Centre vs State disputes
- State vs State disputes
Writ Jurisdiction (Article 32)
- Enforcement of Fundamental Rights
- Habeas Corpus
- Mandamus
- Certiorari
- Quo Warranto
- Prohibition
Article 32 is called Heart and Soul of Constitution.
Appellate Jurisdiction
| Article | Jurisdiction |
|---|---|
| 132 | Constitutional cases |
| 133 | Civil cases |
| 134 | Criminal cases |
| 136 | Special Leave Petition |
Advisory Jurisdiction (Article 143)
President may seek opinion of Supreme Court.
9. Judicial Review
Supreme Court can declare laws unconstitutional.
Kesavananda Bharati Case (1973): Basic structure doctrine established.
10. Public Interest Litigation (PIL)
| Aspect | Details |
|---|---|
| Origin | 1980s |
| Purpose | Justice for weaker sections |
| Relaxed locus standi | Anyone can file PIL |
11. Court of Record (Article 129)
- Judgments recorded permanently
- Can punish contempt
12. Power to do Complete Justice (Article 142)
Supreme Court can issue any order to ensure justice.
13. Doctrine of Stare Decisis (Article 141)
Supreme Court judgments binding on all courts.
Summary Table
| Aspect | Details |
|---|---|
| Established | 1950 |
| Articles | 124–147 |
| Strength | 34 judges |
| Appointment | President |
| Retirement age | 65 years |
| Jurisdiction | Original, Appellate, Advisory |
| Judicial review | Yes |
| Nature | Court of Record |
1. Introduction
The High Court is the highest judicial authority at the state level. It heads the entire state judiciary and supervises subordinate courts and tribunals.
Parliament may establish one High Court for multiple states or union territories.
High Court is called the "Sentinel on the Qui Vive" – protector of Fundamental Rights at the State level.
2. Constitutional Provisions (Articles 214–231)
| Article | Provision |
|---|---|
| 214 | High Court for each State |
| 215 | Court of Record |
| 216 | Composition of High Court |
| 217 | Appointment of Judges |
| 218 | Removal provisions |
| 219 | Oath of Judges |
| 220 | Restriction on practice |
| 221 | Salaries |
| 222 | Transfer of Judges |
| 226 | Writ jurisdiction |
| 227 | Supervisory jurisdiction |
| 231 | Common High Court |
3. Composition (Article 216)
| Aspect | Details |
|---|---|
| Members | Chief Justice + other Judges |
| Strength | No maximum limit |
| Determined by | President |
S.P. Gupta Case (1981): President must review judge strength regularly.
4. Appointment of Judges (Article 217)
| Judge | Appointed by |
|---|---|
| Chief Justice | President after consultation with CJI and Governor |
| Other Judges | President after consultation with CJI, Governor, and HC Chief Justice |
Collegium System
| Collegium | Members |
|---|---|
| Supreme Court Collegium | CJI + 2 senior judges |
| High Court Collegium | Chief Justice + 2 senior judges |
Second Judges Case (1993): Collegium system established.
5. Qualifications (Article 217)
| Qualification | Requirement |
|---|---|
| Citizenship | Indian citizen |
| Judicial Experience | 10 years judicial office |
| Advocate Experience | 10 years advocate |
6. Transfer of Judges (Article 222)
| Aspect | Details |
|---|---|
| Authority | President |
| Consultation | CJI consultation mandatory |
| Consent | Judge consent not required |
7. Removal of Judges
| Ground | Procedure |
|---|---|
| Misbehavior | Impeachment |
| Incapacity | Impeachment |
Removal process same as Supreme Court judges.
8. Jurisdiction of High Courts
A. Original Jurisdiction
- Civil cases
- Revenue matters
- Admiralty cases
- Writ petitions
B. Writ Jurisdiction (Article 226)
| Writ | Purpose |
|---|---|
| Habeas Corpus | Release illegal detention |
| Mandamus | Command authority |
| Certiorari | Quash illegal orders |
| Prohibition | Prevent excess jurisdiction |
| Quo Warranto | Challenge office holding |
Article 226 wider than Article 32 of Supreme Court.
C. Appellate Jurisdiction
- Appeals from district courts
- Civil and criminal appeals
D. Supervisory Jurisdiction (Article 227)
| Power | Description |
|---|---|
| Supervision | All subordinate courts |
| Administrative control | Control procedures |
| Judicial control | Correct jurisdiction errors |
9. Judicial Review Power
High Court can declare laws unconstitutional.
10. Special High Courts with Original Jurisdiction
| High Court | Special Power |
|---|---|
| Calcutta | Original civil jurisdiction |
| Madras | Original civil jurisdiction |
| Bombay | Original civil jurisdiction |
| Delhi | Original civil jurisdiction |
11. Court of Record (Article 215)
- Permanent records
- Contempt power
12. Comparison: Supreme Court vs High Court
| Aspect | Supreme Court | High Court |
|---|---|---|
| Articles | 124–147 | 214–231 |
| Level | National | State |
| Retirement age | 65 | 62 |
| Appointment | President | President |
Summary Table
| Aspect | Details |
|---|---|
| Articles | 214–231 |
| Appointment | President |
| Retirement age | 62 years |
| Jurisdiction | Original, Appellate, Supervisory |
| Writ power | Article 226 |
| Nature | Court of Record |
1. Introduction
The Indian judicial system operates at three levels:
- Supreme Court at the apex
- High Courts at the state level
- Subordinate Courts at district and lower levels
Subordinate courts are the courts where most litigants first encounter the justice system. For many citizens, the decision of a Magistrate or Sessions Judge is the final word.
The subordinate judiciary is the backbone of justice delivery and ensures access to justice at the grassroots level.
2. Constitutional Framework (Articles 233–237)
| Article | Subject Matter |
|---|---|
| Article 233 | Appointment of District Judges |
| Article 234 | Recruitment of subordinate judges |
| Article 235 | Control vested in High Court |
| Article 236 | Definitions |
| Article 237 | Application to Magistrates |
3. District Courts
A. Definition
| Aspect | Details |
|---|---|
| Role | Principal civil and criminal court |
| Position | Below High Court |
| Presiding Officer | District and Sessions Judge |
| Additional Judges | Additional District Judges may be appointed |
B. Dual Role of District Judge
| Role | Function |
|---|---|
| District Judge | Civil cases |
| Sessions Judge | Criminal cases |
C. Hierarchy of Subordinate Courts
Civil Courts
- District Judge
- Senior Civil Judge
- Junior Civil Judge
Criminal Courts
- Sessions Judge
- Chief Judicial Magistrate
- First Class Magistrate
- Second Class Magistrate
D. Jurisdiction of District Courts
| Jurisdiction Type | Details |
|---|---|
| Original | Trial of civil and criminal cases |
| Appellate | Appeals from subordinate courts |
| Exclusive jurisdiction | Certain cases filed only here |
| Pecuniary jurisdiction | Based on value of dispute |
E. Appeals
| Level | Appeal lies to |
|---|---|
| First appeal | High Court |
| Second appeal | Supreme Court |
| Special Leave Petition | Article 136 Supreme Court |
4. Appointment of District Judges (Article 233)
Constitutional Provision
District Judges are appointed by the Governor in consultation with the High Court.
Two Sources of Recruitment
| Source | Eligibility | Procedure |
|---|---|---|
| Promotion | Judicial service members | Governor appoints with High Court consultation |
| Direct Recruitment | Advocate with 7 years experience | High Court recommendation |
Chandra Mohan vs State of UP (1966): Only judicial service and advocates eligible.
Selection Process
| Direct Recruitment | Promotion |
|---|---|
| Written exam | Service record |
| Interview | Merit and seniority |
| High Court recommendation | High Court consultation |
5. Recruitment of Subordinate Judges (Article 234)
| Step | Details |
|---|---|
| Rules framed | Governor frames rules |
| Exam conducted | State Public Service Commission |
| Consultation | High Court consultation mandatory |
| Appointment | Governor appoints |
6. Control of High Court (Article 235)
Scope of Control
| Control Type | Includes |
|---|---|
| Posting | Transfers |
| Promotion | Promotions |
| Leave | Grant leave |
| Discipline | Disciplinary action |
| Retirement | Compulsory retirement decisions |
Registrar, High Court vs Rajiah (1988): High Court has full control.
Decision Process
| Decision | Authority |
|---|---|
| Decision to punish | High Court |
| Formal order | Governor |
Delegation of Power
High Court may delegate powers to committees of judges.
T.S. Sankaranarayanan Case (1996): Disciplinary action must preserve judicial independence.
7. Protection of Judicial Officers
| Principle | Details |
|---|---|
| Wrong orders | Not disciplinary misconduct |
| Corruption | Strict punishment |
| Protection | Protection from motivated complaints |
| Judicial independence | Essential for democracy |
Judicial independence is essential for Rule of Law and democracy.
Summary Table
| Aspect | Details |
|---|---|
| Articles | 233–237 |
| Appointment | Governor + High Court |
| Control | High Court |
| Head | District Judge |
| Jurisdiction | Civil and criminal |
| Importance | Backbone of judiciary |
A.Constitutional and Statutory Basis
| Aspect | Details |
|---|---|
| Constitutional Provision | Article 39A provides for free legal aid to the poor and weaker sections of society to ensure justice for all |
| Supporting Articles |
Article 14 – Equality before law Article 22(1) – Right to consult a lawyer |
| Statutory Enactment | Legal Services Authorities Act, 1987 (came into force on November 9, 1995) |
Article 39A ensures justice on the basis of equal opportunity.
B. Constitution of NALSA
| Aspect | Details |
|---|---|
| Year | 1987 |
| Nature | Statutory Body |
| Patron-in-Chief | Chief Justice of India |
| Executive Chairman | Sitting Supreme Court Judge |
| Headquarters | Supreme Court of India, New Delhi |
C. Structure of Legal Services Authorities
| Level | Authority |
|---|---|
| National | National Legal Services Authority (NALSA) |
| State | State Legal Services Authority |
| High Court | High Court Legal Services Committee |
| District | District Legal Services Authority |
| Taluk | Taluk Legal Services Committee |
| Supreme Court | Supreme Court Legal Services Committee |
D. Functions of NALSA
| Function | Description |
|---|---|
| Policy Making | NALSA lays down policies and principles |
| Free Legal Services | Provide free legal aid |
| Lok Adalats | Organize Lok Adalats |
| Legal Awareness | Legal literacy programmes |
E. Free Legal Services Include
| Service | Details |
|---|---|
| Court Fees | Payment of court fees |
| Lawyer Services | Providing lawyers |
| Certified Copies | Obtaining legal documents |
| Appeals | Preparation of appeals |
F. Eligible Persons for Free Legal Aid
| Category | Eligibility |
|---|---|
| Women and children | All women and children |
| SC/ST | All members |
| Industrial workers | All workers |
| Disaster victims | Flood, earthquake victims |
| Disabled persons | All disabled persons |
| Persons in custody | Undertrials and prisoners |
| Income criteria | Income below Rs. 1 lakh |
| Trafficking victims | Victims of forced labour |
G. Grant-in-Aid to NALSA
| Year | Amount (Crores) |
|---|---|
| 2021–22 | 145 |
| 2022–23 | 190 |
| 2023–24 | 400 |
| 2024–25 | 200 |
Lok Adalats
Meaning
| Aspect | Details |
|---|---|
| Meaning | People’s Court |
| Nature | ADR mechanism |
| Law | Legal Services Authorities Act 1987 |
Legal Status
| Feature | Details |
|---|---|
| Decree | Deemed civil court decree |
| Final | Final and binding |
| Appeal | No appeal allowed |
Permanent Lok Adalat
| Aspect | Details |
|---|---|
| Year | 2002 amendment |
| Purpose | Public utility disputes |
| Services | Transport, electricity, health |
E-Lok Adalat
E-Lok Adalat introduced during COVID-19 for online dispute resolution.
Summary Table: Subordinate Courts
| Articles | 233–237 |
| Head | District Judge |
| Appointment | Governor + High Court |
| Control | High Court |
Summary Table: NALSA and Lok Adalat
| Article | Article 39A |
| Law | Legal Services Authorities Act, 1987 |
| Nature | Statutory body |
| Lok Adalat | People’s Court |
| Status | Binding decree |