The Union & State Judiciary
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)
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.