Judiciary (Supreme Court & High Courts)

Syllabus Unit: Indian Polity & Governance

Why it matters

Chapter overview

India has a single, integrated judicial system topped by the Supreme Court, with High Courts and subordinate courts enforcing both Union and State law under one hierarchy — unlike the USA's dual federal/state court systems. This topic covers the Supreme Court's jurisdiction, the doctrines of judicial review and judicial activism (including the rise of PIL), the structure of High Courts and courts below them, and the landmark judgments that have shaped the Constitution's meaning.

General Studies Paper I Indian Polity & Governance 15%–20% weightage

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Supreme Court

1Original JurisdictionCentre-State, State-State disputes

2Appellate JurisdictionCivil, criminal, constitutional appeals

3Advisory JurisdictionPresident's references, Article 143

4Writ JurisdictionArticle 32, enforcing Fundamental Rights

1Structure & Jurisdiction of the Supreme Court

The Supreme Court sits at the apex of a single, integrated judiciary with original, appellate, advisory and writ jurisdiction — and is a 'Court of Record' whose judgments bind every court in the country.

Learning Objectives

State the Supreme Court's sanctioned strength (Chief Justice plus 33 judges) and its constitutional basis (Article 124).
Distinguish original jurisdiction (Article 131), appellate jurisdiction (Articles 132-134, 136) and advisory jurisdiction (Article 143).
Explain what makes the Supreme Court a 'Court of Record' under Article 129.
Explain the Special Leave Petition (Article 136) as a residual, discretionary appellate power.

Key Terms

Article 124Establishes the Supreme Court of India, consisting of the Chief Justice of India and, currently, 33 other judges (sanctioned strength raised to 34 total in 2019).

Original Jurisdiction (Art. 131)Lets the Supreme Court hear disputes directly between the Union and States, or between States, with no other court having concurrent power.

Advisory Jurisdiction (Art. 143)The President may refer a question of law or fact of public importance to the Supreme Court for its (non-binding) opinion.

Article 136 (SLP)Grants the Supreme Court discretionary power to grant special leave to appeal from any judgment or order of any court/tribunal in India.

Articles 124-147 establish the **Supreme Court of India** as the apex court, currently comprising the Chief Justice of India (CJI) and 33 other judges, appointed by the President under the collegium system that has evolved through the Three Judges Cases (1981, 1993, 1998).

Four kinds of jurisdiction

Original (Article 131) — disputes directly between the Government of India and one or more states, or between states themselves.
Appellate (Articles 132-134, 136) — appeals in constitutional, civil and criminal matters from High Courts, plus the residual, discretionary Special Leave Petition under Article 136.
Advisory (Article 143) — opinion on questions referred by the President; not binding, but persuasive (e.g. the 2G spectrum reference, Ayodhya-related references).
Writ jurisdiction (Article 32) — enforcement of Fundamental Rights directly, itself a Fundamental Right.

Key PointArticle 129 makes the Supreme Court a 'Court of Record' — its proceedings are recorded for perpetual memory, and it has the power to punish for contempt of itself.

The Supreme Court is also the final interpreter and guardian of the Constitution, and Article 141 makes its law declared binding on all courts within India's territory.