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SSC CGL Preparation – Day 12
Polity – Indian Judiciary
🔎 Overview
The Indian Judiciary is the guardian of the Constitution and the protector of the fundamental rights of citizens. It is an independent and impartial institution that ensures justice, interprets laws, and resolves disputes.
⚖️ Structure of the Indian Judiciary
India has a single integrated judicial system with a three-tier structure:
1. Supreme Court (at the top)
- Located in New Delhi
- Highest court of appeal
- Also called the Guardian of the Constitution
2. High Courts (at the state level)
- Each state (or group of states/UTs) has a High Court
- Example: Bombay High Court, Delhi High Court
3. Subordinate Courts (District and lower courts)
- District Courts, Sessions Courts, Civil and Criminal Courts
🏛️ Supreme Court of India
➤ Constitutional Provisions:
- Articles 124 to 147 of the Constitution deal with the Supreme Court
➤ Composition:
- Chief Justice of India (CJI)
- Maximum of 34 judges (including the CJI) as of 2023
➤ Appointment:
- Appointed by the President of India
- Consultation with CJI and senior judges (Collegium System)
➤ Tenure:
- Till the age of 65 years
➤ Jurisdiction:
- Original Jurisdiction – Center-State or State-State disputes (Article 131)
- Appellate Jurisdiction – Appeals from High Courts (civil, criminal, constitutional)
- Advisory Jurisdiction – Advice to President under Article 143
- Writ Jurisdiction – Under Article 32 (for Fundamental Rights enforcement)
🏛️ High Courts
➤ Constitutional Provisions:
- Articles 214 to 231
➤ Composition:
- Chief Justice + Other judges (no fixed number)
➤ Appointment:
- By President, after consultation with CJI, Governor, and Chief Justice of the High Court
➤ Tenure:
- Till the age of 62 years
➤ Jurisdiction:
- Original and Appellate (depending on state laws)
- Writ Jurisdiction under Article 226 (broader than Article 32 of SC)
- Supervisory jurisdiction over subordinate courts
⚖️ Subordinate Courts
These include:
- District Courts: Headed by a District Judge (civil matters)
- Sessions Courts: Criminal jurisdiction (Session Judge)
- Family Courts, Consumer Courts, etc.
They function under the administrative control of respective High Courts.
⚖️ Independence of Judiciary
The judiciary is kept independent through:
- Security of tenure
- Fixed service conditions
- No interference from executive or legislature
- Judicial review power
- Contempt of court powers
📝 Important Legal Concepts
🔹 Judicial Review:
Power of courts to declare a law unconstitutional if it violates the Constitution.
🔹 Public Interest Litigation (PIL):
Allows any individual to approach courts on behalf of public interest (no personal interest required).
🔹 Judicial Activism:
When courts actively intervene in legislative and executive matters to protect rights or correct injustice.
📌 Key Articles Related to Judiciary
| Article | Subject |
|---|---|
| 124 | Establishment and Constitution of Supreme Court |
| 131 | Original jurisdiction of Supreme Court |
| 136 | Special Leave to Appeal (SLP) |
| 143 | Advisory Jurisdiction of SC |
| 226 | Power of High Courts to issue writs |
| 227 | Supervisory jurisdiction of High Courts |
💡 Summary
- India has a unified and independent judiciary.
- The Supreme Court is the apex judicial body, followed by High Courts and Subordinate Courts.
- Judiciary ensures constitutional supremacy, protection of rights, and rule of law.
