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Indian Polity - The Indian Judicial System

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Indian Polity — The Indian Judicial System

Indian Judicial System
Figure 1: The Indian Judicial System structure and collegium system are frequently tested in UPSC examinations.

1. Historical Background of the Indian Judiciary

  • Regulating Act, 1773: Established the Supreme Court of Judicature in Calcutta (1774). Later, Supreme Courts were set up in Madras (1800) and Bombay (1823) under King George III.
  • Indian High Courts Act, 1861: Created High Courts in provinces, abolishing Supreme Courts in Calcutta, Madras, Bombay, and Sadar Adalats. These High Courts were the highest judicial bodies until the Federal Court of India was established under the Government of India Act, 1935 to resolve disputes between provinces and states.
  • Post-Independence: After independence, existing High Courts for provinces became High Courts for states. The Seventh Amendment Act of 1956 allowed Parliament to create a common High Court for two or more states or union territories.
KNOWLEDGE NUGGET

  • Regulating Act 1773: Supreme Court in Calcutta (1774)
  • Indian High Courts Act 1861: Created High Courts in provinces
  • Government of India Act 1935: Established Federal Court of India
  • 7th Amendment Act 1956: Common High Court for multiple states/UTs

2. Structure of the Indian Judiciary

  • Integrated Judicial System: India has a unified judicial system where Central and State laws are enforced by the same courts. The Supreme Court is at the top, followed by High Courts and subordinate courts like District Courts.
  • High Courts: The High Court is the highest court in a state, working under the Supreme Court. Established in 1862 for Calcutta, Bombay, Madras, and later Allahabad (1866). High Courts have jurisdiction over their respective states or combined states/union territories. There are currently 25 High Courts in India; the Calcutta High Court (1862) is the oldest. High Courts now have revenue jurisdiction, absent before the Constitution.
  • Subordinate Courts: Each High Court oversees a hierarchy of subordinate courts, including District and Sessions Courts.
STRUCTURE — KEY POINTS

  • Integrated System: Unified judicial system for Central and State laws
  • Supreme Court: Apex court at the top
  • High Courts: 25 High Courts — Calcutta HC (1862) is oldest
  • Subordinate Courts: District and Sessions Courts under High Courts

3. Evolution of Collegium System: Concurrence vs. Consultation

  • First Judges Case (1982): SC opined that consultation does not mean concurrence and it only implies an exchange of views.
  • Second Judges Case (1993): SC reversed its earlier ruling and changed the interpretation of the word consultation to concurrence. It ruled that the advice tendered by the Chief Justice of India is binding on the President in the matters of appointment of the judges of the SC. CJI will tender his advice after consulting with two senior-most colleagues.
  • Third Judges Case (1998): SC opined that the consultation process to be adopted by the CJI requires consultation of plurality judges (Not CJI alone).
    • CJI should consult a collegium of 4 senior most judges (even if two gave adverse opinions that recommendation cannot be forwarded).
    • The recommendations made by the Chief Justice of India without complying with the norms and requirements of the consultation process are not binding on the government.
  • Fourth Judges Case (2015) — NJAC Case: The 99th Constitutional Amendment Act of 2014 and the National Judicial Appointments Commission Act of 2014 replaced the collegium system with a new body called the National Judicial Appointments Commission (NJAC).
    • SC declared both the 99th Constitutional Amendment as well as the NJAC Act unconstitutional and void on grounds of interference. Consequently, the earlier collegium system became operative again. [UPSC 2019]
  • Present Scenario: The appointment of Supreme Court judges in India involves several key steps:
    • Initiation: CJI initiates the process upon vacancy.
    • Collegium Recommendations: The Collegium (CJI + four senior judges) recommends candidates.
    • Consultation: It consults eligible high court judges or lawyers.
    • Government Review: Recommendations are sent to the government for feedback.
    • Presidential Approval: The President approves appointments, followed by a swearing-in ceremony. [UPSC 2019]
COLLEGIUM SYSTEM — KEY POINTS

  • First Judges Case (1982): Consultation ≠ Concurrence
  • Second Judges Case (1993): Consultation = Concurrence — CJI's advice binding
  • Third Judges Case (1998): Collegium of 4 senior most judges
  • Fourth Judges Case (2015): NJAC declared unconstitutional — Collegium system restored
PRESENT APPOINTMENT PROCESS

  • Step 1: CJI initiates process upon vacancy
  • Step 2: Collegium (CJI + 4 senior judges) recommends candidates
  • Step 3: Consultation with eligible HC judges/lawyers
  • Step 4: Government review and feedback
  • Step 5: Presidential approval and swearing-in

4. Supreme Court and High Court

Parameters Supreme Court (Part V: Article 124 to 147) High Courts (Part VI: Article 214-231)
Basic Facts Part of an integrated judicial system, based on the GoI Act, 1935.
Enforces central and state laws.
Inaugurated on January 28, 1950, replacing the Federal Court of India and the British Privy Council.		 Originally one High Court per state.
7th Amendment Act (1956) allows common High Court for multiple states/UTs.
Territorial jurisdiction co-terminus with state(s)/UT(s).
Composition 34 judges (CJI + 33 others).
Supreme Court (Number of Judges) Amendment Act, 2019 raised from 31 to 34. [UPSC 2014]		 Strength not fixed; at President's discretion.
Each HC consists of a Chief Justice and other judges appointed by the President.
Appointment 1950-1973: Senior most judge appointed CJI (violated in 1973, 1977).
Second Judges Case (1993): Only senior most judge as CJI.
CJI Appointment: President consults SC & HC judges.
Other Judges: President after consultation with CJI, SC & HC judges. [UPSC 2012-13]		 Article 217:
Chief Justice: President consults CJI and Governor.
Other Judges: President after consulting CJI, Governor & HC Chief Justice.
For common HCs, President consults Governors of all concerned states.
Third Judges Case: CJI must consult collegium of two senior-most SC judges.
Qualification Citizenship: Citizen of India.
Judicial Experience: HC judge for 5 years OR HC advocate for 10 years.
Distinguished Jurist: At President's discretion.
Age Requirement: No minimum age.		 Citizenship: Citizen of India.
Judicial Experience: Held judicial office for 10 years OR HC advocate for 10 years.
Distinguished Jurist: Not applicable.
Age Requirement: No minimum age.
Oath/Tenure Oath: Before President (Article 124).
Tenure: Until 65 years.
Resign by writing to President.
Removal by Parliament.		 Oath: Before Governor (Article 219).
Tenure: Until 62 years.
Resign by writing to President.
Removal similar to SC judges.

5. Acting Chief Justice & Retired Judges

Supreme Court

  • Acting Chief Justice (Article 126): The President can appoint a judge of the SC as an Acting Chief Justice if:
    • The CJI's office is vacant.
    • The CJI is temporarily absent.
    • The CJI is unable to perform duties.
  • Retired Judge (Article 128): The CJI can request a retired Supreme Court judge or a retired High Court judge (qualified for SC) to act as a Supreme Court judge temporarily. Requires consent from the President and the individual. Holds all jurisdiction and powers but is not deemed a judge.

High Court

  • Acting Chief Justice (Article 223): The President can appoint a judge of the HC as an Acting Chief Justice if:
    • The HC Chief Justice's office is vacant.
    • The HC Chief Justice is temporarily absent.
    • The HC Chief Justice is unable to perform duties.
  • Retired Judge (Article 224A): The Chief Justice of the High Court can request a retired High Court judge to act as a High Court judge temporarily. Requires consent from the President and the individual. Holds all jurisdiction and powers but is not deemed a judge.
ACTING & RETIRED JUDGES — KEY POINTS

  • SC Acting CJI: President appoints (Art 126)
  • SC Retired Judge: CJI requests with President's consent (Art 128)
  • HC Acting CJI: President appoints (Art 223)
  • HC Retired Judge: HC CJ requests with President's consent (Art 224A)

6. Independence of the Judiciary

  • Appointment: Judges are appointed by the President in consultation with the judiciary.
  • Security of Tenure: Judges can be removed only as per constitutional procedures.
  • Service Conditions: Cannot be altered post-appointment, except during financial emergencies.
  • Expenses charged on the Consolidated Fund of India. [UPSC 2012]
  • Post-Retirement Practice: Prohibited from practising in any court (for SC judges).
  • Contempt of Court: SC has the power to punish for contempt.
  • Jurisdiction: Cannot be curtailed, but can be extended by Parliament. [UPSC 2014]
  • Separation of Powers: Judiciary is separated from the executive (A-50). It thus helps to safeguard the liberty and rights of the people in a democracy. [UPSC 2021]
INDEPENDENCE — KEY POINTS

  • Appointment: President in consultation with judiciary
  • Tenure: Removable only via constitutional procedure
  • Service Conditions: Cannot be altered post-appointment
  • Expenses: Charged on Consolidated Fund of India
  • SC Judges: Cannot practise after retirement
  • Contempt: Power to punish for contempt
  • Separation: A-50 separates judiciary from executive

7. Jurisdiction and Powers

  • The SC has extensive jurisdiction. SC is the final interpreter and guardian of the Constitution and also the guarantor of the fundamental rights of the citizens. [UPSC 2015, 2019]
  • It acts as both a federal court and a final appellate court. Described as having more powers than any other Supreme Court worldwide.

Court of Record

  • Supreme Court (Article 129): Acts as a court of record, where its judgments and proceedings are recorded for perpetual memory and legal precedent. These records have evidentiary value and cannot be questioned by any other court.
  • High Court (Article 215): Judgments and proceedings are recorded for evidentiary value and cannot be questioned. High Court has power to review and correct its own judgment, hence bound by its previous decision, but not on the lines as Supreme Court does. [UPSC 2021] Has the power to punish for contempt.

Contempt of Court

  • Governed by the Contempt of Court Act, 1971, which outlines procedures for investigation and punishment of contempt. It was based on the recommendations made by H.N. Sanyal committee.
  • Expression 'contempt of court' has not been defined by the Constitution. [UPSC 2022]
  • Civil Contempt: Wilful disobedience to court orders or judgments.
  • Criminal Contempt: Publication or actions that scandalise or lower the authority of the court, or interfere with justice.
  • Actions not amounting to contempt include:
    • Innocent publication.
    • Fair reports of judicial proceedings.
    • Reasonable criticism of judicial acts.
  • Penalties for contempt include simple imprisonment for up to six months, or fines up to ₹2000.
  • Proceedings for contempt must be initiated within one year of the alleged contempt.
  • The Act does not apply to Nyaya Panchayats or similar village courts.
CONTEMPT OF COURT — SUMMARY

  • Governed by: Contempt of Court Act, 1971 (H.N. Sanyal Committee)
  • Civil Contempt: Wilful disobedience to court orders
  • Criminal Contempt: Scandalising or lowering authority of court
  • Penalty: 6 months imprisonment or ₹2000 fine
  • Limitation: 1 year for initiation

Salaries and Allowances

  • Determination: Salaries fixed by Parliament; cannot be reduced post-appointment, except during financial emergencies (Article 360).
  • Pension: Retired SC & HC judges receive 50% of their last drawn salary as pension.
  • Supreme Court: Salaries charged on Consolidated Fund of India (Article 125).
  • High Court: Salaries charged on Consolidated Fund of State, pensions charged on Consolidated Fund of India (Art. 221).

Removal of Judges

  • Grounds for Removal: Proved misbehaviour or incapacity.
  • Procedure: Governed by the Judges Enquiry Act (1968); requires Parliament's recommendation. [UPSC 2019]
  • Parliamentary Support: Needs a special majority in both Houses.
  • Impeachment: No Supreme Court or High Court judges have been impeached.
  • Judges Enquiry Act, 1968:
    • Removal Motion: Must be signed by 100 members (Lok Sabha) or 50 members (Rajya Sabha). The Speaker/Chairman may admit or reject the motion.
    • Inquiry: If admitted, a three-member committee investigates charges.
    • Outcome: If found guilty, the motion goes to the House for consideration and must pass with a special majority. The President issues the final removal order.
REMOVAL OF JUDGES — KEY POINTS

  • Grounds: Misbehaviour or incapacity
  • Procedure: Judges Enquiry Act, 1968
  • Motion: 100 LS or 50 RS members
  • Committee: 3-member inquiry committee
  • Majority: Special majority in both Houses
  • Result: No judge impeached so far

Appellate Jurisdiction

  • Supreme Court:
    • Constitutional matters (Article 132): Appeals to SC are allowed against HC judgments involving substantial constitutional questions.
    • Articles 133 and 134 govern appeals in civil and criminal matters, including death sentences. Appeals are limited when an acquittal is confirmed, but HC certification enables SC appeals.
    • No right to appeal if an acquittal is confirmed.
  • High Court: HC has wider appellate jurisdiction than its original jurisdiction and applicable in both civil and criminal matters against judgments of subordinate courts in its territorial jurisdiction.
  • 1st appeal in cases involving questions of law and facts. And 2nd appeal in cases involving questions of laws only.

Original Jurisdiction

  • Supreme Court (Article 131):
    • Original and exclusive jurisdiction in disputes between: [UPSC 2012]
      • States and the Centre. [UPSC 2014]
      • States and other states. [UPSC 2012]
      • Centre and a state vs. another state.
    • Political questions are generally avoided.
    • Disputes must involve a legal right (either law or fact).
    • Private citizens cannot bring suits against the Centre or a state.
    • Exclusions: Pre-Constitutional treaties or agreements, Inter-state water disputes, Financial adjustments or pensions between Centre and states, Commercial disputes between the Centre and states, Recovery of damages.
    • First suit under SC's original jurisdiction: West Bengal vs. Centre (1961).
  • High Court: Original jurisdiction in:
    • Election disputes for members of parliament and state legislatures.
    • Revenue matters.
    • Enforcement of Fundamental Rights.
    • Cases transferred from subordinate courts involving constitutional interpretation.
    • Original civil jurisdiction in high-value cases (Calcutta, Bombay, Madras, and Delhi HCs).
    • Narrower than SC's jurisdiction.

Note: Original criminal jurisdiction of Calcutta, Bombay, and Madras HCs was abolished in 1973.

Writ Jurisdiction

  • Supreme Court (Article 32):
    • Writs: Includes habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
    • Scope: Aggrieved individuals can approach the SC for enforcement of Fundamental Rights. The Court's writ jurisdiction is original but shared with High Courts, and Parliament can extend its scope.
  • High Court (Article 226):
    • Wider jurisdiction than the SC: can issue writs for both Fundamental Rights and other legal rights.
    • Can issue writs beyond its territorial jurisdiction if the cause of action arises within its territory.
    • Concurrent with SC's writ jurisdiction (Chandra Kumar case, 1997).
WRIT JURISDICTION — COMPARISON

  • SC (Art 32): Only for Fundamental Rights — Original but shared
  • HC (Art 226): For FR + other legal rights — Wider jurisdiction
  • HC can issue writs beyond territorial jurisdiction if cause of action arises within its territory
  • Concurrent jurisdiction (Chandra Kumar case, 1997)

8. Summary: Indian Judicial System at a Glance

Topic Key Provisions
Historical Background Regulating Act 1773 (SC Calcutta) — Indian HC Act 1861 — GoI Act 1935 (Federal Court) — 7th Amendment 1956
Structure Integrated System — SC → 25 HCs → Subordinate Courts — Calcutta HC (1862) oldest
Collegium System 1st (1982): Consultation≠Concurrence — 2nd (1993): Consultation=Concurrence — 3rd (1998): 4 senior judges — 4th (2015): NJAC struck down
SC vs HC SC: 34 judges, tenure 65 yrs, oath before President — HC: strength variable, tenure 62 yrs, oath before Governor
Independence Appointment by President with judiciary — Security of tenure — Expenses on CFI — Separation from executive (A-50)
Removal Judges Enquiry Act 1968 — Misbehaviour/incapacity — Special majority — 100 LS/50 RS members — No judge impeached yet
Contempt of Court Contempt of Court Act 1971 — H.N. Sanyal Committee — Civil & Criminal — 6 months/₹2000 — 1 year limitation
Writ Jurisdiction SC (Art 32): Only FR — HC (Art 226): FR + other rights — HC wider jurisdiction — Concurrent (Chandra Kumar, 1997)
Key Takeaways for UPSC

  • SC: 34 judges — Tenure 65 years — Oath before President — Art 124-147
  • HC: 25 HCs — Tenure 62 years — Oath before Governor — Art 214-231
  • Collegium: 1st (1982) — 2nd (1993) — 3rd (1998) — 4th (2015) NJAC struck down
  • Judges Removal: Judges Enquiry Act 1968 — Special majority — No impeachment yet
  • Contempt: Contempt of Court Act 1971 — Civil & Criminal — 6 months/₹2000
  • Writs: SC (Art 32 — only FR) — HC (Art 226 — FR + other rights) — HC wider jurisdiction
High-Yield Interactive UPSC Quiz (Indian Judicial System)

Q1. Which Act established the Supreme Court of Judicature in Calcutta in 1774?

Correct Answer: B. The Regulating Act of 1773 established the Supreme Court of Judicature in Calcutta in 1774.

Q2. The Federal Court of India was established under which Act?

Correct Answer: C. The Federal Court of India was established under the Government of India Act, 1935 to resolve disputes between provinces and states.

Q3. Which Amendment Act allowed Parliament to create a common High Court for two or more states?

Correct Answer: C. The 7th Amendment Act of 1956 allowed Parliament to create a common High Court for two or more states or union territories.

Q4. Which High Court is the oldest in India?

Correct Answer: C. The Calcutta High Court, established in 1862, is the oldest High Court in India.

Q5. In the First Judges Case (1982), the Supreme Court held that consultation means:

Correct Answer: B. The First Judges Case (1982) opined that consultation does not mean concurrence and it only implies an exchange of views.

Q6. The Second Judges Case (1993) changed the interpretation of consultation to:

Correct Answer: C. The Second Judges Case (1993) changed the interpretation of consultation to concurrence and ruled that CJI's advice is binding on the President.

Q7. How many senior-most judges does the CJI consult in the collegium system as per the Third Judges Case (1998)?

Correct Answer: C. The Third Judges Case (1998) required the CJI to consult a collegium of 4 senior-most judges.

Q8. Which Act replaced the collegium system with NJAC?

Correct Answer: C. The 99th Constitutional Amendment Act of 2014 replaced the collegium system with the National Judicial Appointments Commission (NJAC).

Q9. The Supreme Court declared NJAC as unconstitutional in which case?

Correct Answer: D. In the Fourth Judges Case (2015), the Supreme Court declared both the 99th Constitutional Amendment and the NJAC Act as unconstitutional.

Q10. What is the current strength of Supreme Court judges (CJI + others)?

Correct Answer: D. The Supreme Court currently has 34 judges (CJI + 33 others) as per the Supreme Court (Number of Judges) Amendment Act, 2019.

Q11. Supreme Court judges hold office until the age of:

Correct Answer: C. Supreme Court judges hold office until the age of 65 years.

Q12. High Court judges hold office until the age of:

Correct Answer: B. High Court judges hold office until the age of 62 years.

Q13. The removal of judges is governed by which Act?

Correct Answer: B. The removal of judges is governed by the Judges Enquiry Act, 1968, which requires Parliament's recommendation.

Q14. How many members of Lok Sabha must sign a removal motion for a judge?

Correct Answer: B. A removal motion must be signed by 100 members of the Lok Sabha or 50 members of the Rajya Sabha.

Q15. Under which Article does the Supreme Court have original and exclusive jurisdiction in disputes between Centre and states?

Correct Answer: B. Article 131 provides for the Supreme Court's original and exclusive jurisdiction in disputes between states and the Centre, and between states.

Q16. The Contempt of Court Act was enacted in which year?

Correct Answer: C. The Contempt of Court Act was enacted in 1971, based on the recommendations of the H.N. Sanyal Committee.

Q17. What is the maximum punishment for contempt of court?

Correct Answer: B. Punishment for contempt includes simple imprisonment for up to six months, or fines up to ₹2000.

Q18. The Supreme Court's writ jurisdiction is under which Article?

Correct Answer: B. The Supreme Court's writ jurisdiction is under Article 32 for the enforcement of Fundamental Rights.

Q19. The High Court's writ jurisdiction is under which Article?

Correct Answer: C. The High Court's writ jurisdiction is under Article 226 for both Fundamental Rights and other legal rights.

Q20. Which case established that High Courts have concurrent writ jurisdiction with the Supreme Court?

Correct Answer: D. The Chandra Kumar Case (1997) established that High Courts have concurrent writ jurisdiction with the Supreme Court.
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