The Indian Judiciary: Supreme Court, High Courts and Subordinate Courts
The judiciary is the third and independent organ of the state and is the guardian of the Constitution. India has a single, integrated judicial system with the Supreme Court at the apex, followed by the High Courts and then the subordinate courts. Unlike many federal countries, India does not have separate federal and state court systems; the same hierarchy of courts enforces both Union and state laws. The judiciary interprets the Constitution, protects the fundamental rights of citizens and acts as the ultimate arbiter in disputes between the Union and the states. This topic explains the composition, jurisdiction and powers of the Supreme Court, High Courts and subordinate courts, a very important area for APSC, ADRE and Assam Police examinations.
Supreme Court of India
Article 124 provides that there shall be a Supreme Court of India, consisting of the Chief Justice of India and other judges. The present sanctioned strength is 34 judges including the Chief Justice. The judges are appointed by the President, and by convention the senior-most judge of the Supreme Court is appointed Chief Justice. Appointments are made through the collegium system, in which the Chief Justice and a few senior-most judges recommend names to the President. A judge of the Supreme Court holds office until attaining the age of 65 years.
Qualifications of Supreme Court Judges
- He must be a citizen of India.
- He must have been a judge of a High Court for five years, or an advocate of a High Court for ten years, or must be, in the opinion of the President, a distinguished jurist.
Removal of Judges
A judge of the Supreme Court can be removed only on the ground of proved misbehaviour or incapacity. Under Article 124(4) the removal requires a resolution passed by each House of Parliament by a special majority - a majority of the total membership of the House and a two-thirds majority of the members present and voting - after an address to the President. This difficult procedure, along with fixed salaries charged on the Consolidated Fund of India and a bar on practice after retirement, secures the independence of the judiciary.
Jurisdiction of the Supreme Court
- Original jurisdiction (Article 131): disputes between the Government of India and one or more states, and between states.
- Appellate jurisdiction (Articles 132 to 134): appeals in constitutional, civil and criminal matters.
- Special leave petition (Article 136): the Court may grant special leave to appeal from any court or tribunal.
- Writ jurisdiction (Article 32): the Court can issue writs for the enforcement of Fundamental Rights.
- Advisory jurisdiction (Article 143): the President may refer a question of law or fact for the opinion of the Court.
- Review jurisdiction (Article 137): the Court can review its own judgments.
- Court of record (Article 129): its proceedings are preserved for perpetual memory and it can punish for contempt.
The Five Writs
The Supreme Court under Article 32 and the High Courts under Article 226 can issue five writs to protect rights:
- Habeas Corpus: issued to produce a person unlawfully detained and to set him free.
- Mandamus: issued to a public official or authority to perform its legal duty.
- Certiorari: issued to quash an order already passed by a lower court or tribunal.
- Prohibition: issued to prevent a lower court from exceeding its jurisdiction.
- Quo Warranto: issued to enquire into the right of a person to hold a public office.
High Courts
Article 214 provides that there shall be a High Court for each state, though a single High Court may serve two or more states or a common High Court may be shared, as in the case of the Gauhati High Court, which serves Assam and other north-eastern states. A High Court consists of a Chief Justice and other judges appointed by the President in consultation with the Chief Justice of India and the Governor of the state. A judge of a High Court must be a citizen of India and must have held a judicial office for ten years or practised as an advocate of a High Court for ten years, and retires at the age of 62 years. The High Court has power to issue writs under Article 226 (wider than Article 32, as it can be used for legal rights as well as fundamental rights), superintendence over subordinate courts under Article 227, and its law binds the subordinate courts in the state. The High Court can also give its opinion on a question of law referred by the Governor.
Subordinate Courts
Articles 233 to 237 deal with the subordinate courts, which include the district courts and the courts below them. The District Judge is appointed by the Governor in consultation with the High Court, as provided in Article 233. The subordinate judiciary forms the base of the judicial pyramid and handles the largest number of cases. The High Court exercises control over the subordinate courts and frames rules for their administration.
Independence of the Judiciary
- Security of tenure: judges cannot be removed except by the difficult impeachment procedure.
- Fixed salaries: salaries and allowances are charged on the Consolidated Fund and cannot be reduced during a judge's term.
- Appointment process: appointments are made by the President on the recommendation of the collegium.
- Bar on practice: a judge of the Supreme Court does not practise before any court or authority after retirement.
- Contempt power: courts can punish for contempt to protect their dignity.
Significance for Competitive Examinations
The judiciary is a high-scoring topic in APSC, ADRE, Assam Police, DHS, SSC and Railway examinations. Questions are asked on the articles establishing the Supreme Court and High Courts, the qualifications, age limits and removal of judges, the five writs, original and appellate jurisdiction, judicial review, the Gauhati High Court and the subordinate judiciary. Assam-specific questions on the Gauhati High Court are also common.
How to Prepare This Topic
- Memorise Articles 124, 129, 131, 132, 136, 137, 143, 214, 226, 227, 233 and 235.
- Remember the age limits: 65 years for Supreme Court judges and 62 years for High Court judges.
- Learn the five writs with one example for each.
- Note that Article 32 is itself a Fundamental Right, while Article 226 is wider and is a constitutional right.
- Remember that the District Judge is appointed by the Governor in consultation with the High Court.
- Practise the questions on this page and revise the FAQ answers.
Common Exam Traps
- The retirement age is 65 years for Supreme Court judges and 62 years for High Court judges.
- A judge is removed for proved misbehaviour or incapacity, not by a simple majority.
- Article 32 applies only to Fundamental Rights, while Article 226 applies to both Fundamental Rights and other legal rights.
- The Gauhati High Court is the High Court for Assam and several other north-eastern states.
- The advisory jurisdiction under Article 143 is discretionary; the Supreme Court is not bound to give its opinion.
Frequently Asked Questions
Under which article is the Supreme Court established and what is its strength?
The Supreme Court of India is established under Article 124. It consists of the Chief Justice of India and other judges, and its present sanctioned strength is 34 judges including the Chief Justice. The judges are appointed by the President, and a judge holds office until attaining the age of 65 years.
What are the qualifications for appointment as a judge of the Supreme Court and the High Court?
For the Supreme Court, a person must be a citizen of India and must have been a judge of a High Court for five years, or an advocate of a High Court for ten years, or a distinguished jurist in the opinion of the President. For a High Court, a person must be a citizen of India and must have held a judicial office for ten years or practised as an advocate of a High Court for ten years.
What are the five writs that the Supreme Court and High Courts can issue?
The five writs are Habeas Corpus, which is issued to produce a person unlawfully detained; Mandamus, issued to a public authority to perform its duty; Certiorari, issued to quash an order of a lower court; Prohibition, issued to prevent a lower court from exceeding its jurisdiction; and Quo Warranto, issued to question a person's right to hold a public office. The Supreme Court issues them under Article 32 and the High Courts under Article 226.
How can a judge of the Supreme Court or a High Court be removed?
A judge can be removed only on the ground of proved misbehaviour or incapacity. Under Article 124(4) the removal requires an address by each House of Parliament supported by a special majority, that is a majority of the total membership of the House and a two-thirds majority of the members present and voting. This procedure protects the independence of the judiciary.
What is the difference between the jurisdiction of the Supreme Court and a High Court?
The Supreme Court is the apex court and its decisions bind all courts in India, and it hears appeals from the High Courts. The High Court is the highest court of a state and exercises control over the subordinate courts. Under Article 32 the Supreme Court issues writs only for the enforcement of Fundamental Rights, while under Article 226 a High Court may issue writs for both Fundamental Rights and other legal rights, so the High Court's writ jurisdiction is wider.