The Union & State Judiciary

Scope: Part V (The Union Judiciary - Supreme Court) and Part VI (High Courts & Subordinate Courts). Covers Articles 124–147 and Articles 214–237.

1. Essential Legal Principles & Statutory Provisions

The Supreme Court of India (Articles 124–147)

Article 124

Establishes the Supreme Court of India. Judges are appointed by the President. Retirement age of a Supreme Court Judge is 65 years.

Article 129

Supreme Court is a Court of Record and possesses the power to punish for contempt of itself.

Article 131 Original Jurisdiction

The Supreme Court has exclusive original jurisdiction in disputes:

  • Between the Union Government and one or more States.
  • Between the Union Government and States on one side and other States on the other.
  • Between two or more States.
Article 136 Special Leave Petition (SLP)

The Supreme Court may grant special leave to appeal from any judgment, decree, determination, sentence, or order of any court or tribunal in India, except military tribunals.

Article 141

Law declared by the Supreme Court is binding on all courts in India.

Article 142

Supreme Court may pass any order necessary for complete justice.

Article 143

Advisory jurisdiction enabling the President to seek the Court's opinion on important questions.

High Courts in the States (Articles 214–232)

Every State shall have a High Court.

Every High Court is a Court of Record and may punish for contempt of itself.

High Court Judges are appointed by the President. Retirement age is 62 years.
Article 226 Writ Jurisdiction

High Courts can issue writs for enforcement of Fundamental Rights and for "any other purpose". Therefore, Article 226 is broader than Article 32.

Article 227 Power of Superintendence

High Courts exercise supervisory jurisdiction over all courts and tribunals within their territorial jurisdiction.

Subordinate Courts (Articles 233–237)

Article 233 Appointment of District Judges

District Judges are appointed by the Governor in consultation with the High Court concerned.

2. Landmark Supreme Court Cases

Judges Cases & Evolution of the Collegium System
First Judges Case (S.P. Gupta v. Union of India, 1981)

Held that the Executive enjoyed primacy in judicial appointments. The opinion of the Chief Justice of India was not binding.

Second Judges Case (Supreme Court Advocates-on-Record Association v. Union of India, 1993)

Overruled S.P. Gupta and established the Collegium System. "Consultation" with the Chief Justice of India was interpreted to mean effective concurrence.

Third Judges Case (1998 Presidential Reference)

Expanded the Collegium to the CJI + 4 senior-most Supreme Court Judges.

Fourth Judges Case (NJAC Case, 2015)

Struck down the 99th Constitutional Amendment and the NJAC Act, restoring the Collegium System to preserve judicial independence, which forms part of the Basic Structure.

Union of India v. R. Gandhi (2010)

The Supreme Court upheld Parliament's power to establish tribunals.

However, tribunals performing judicial functions must maintain judicial independence and remain subject to High Court supervision under Article 227.

3. Bare Act Navigation Tips for the Exam Hall

Retirement Ages
Judicial Office Retirement Age
Supreme Court Judge 65 Years
High Court Judge 62 Years
President Seeking Supreme Court Opinion?

Immediately refer to Article 143 dealing with the Advisory Jurisdiction of the Supreme Court.

Complete Justice Power

The phrase "complete justice" always points to Article 142.

Article 32 vs Article 226
  • Article 32: Supreme Court, Fundamental Rights only.
  • Article 226: High Courts, Fundamental Rights + any other purpose.
AIBE Revision Formula

Article 131 = Original Jurisdiction, Article 136 = Special Leave Petition, Article 141 = Binding Precedent, Article 142 = Complete Justice, Article 143 = Advisory Jurisdiction, Article 226 = Wider Writ Power.