Introduction
India has an integrated and independent judicial system headed by the Supreme Court, with
High Courts below it, and a hierarchy of subordinate courts in the districts. Unlike the USA's dual court
system (federal courts + state courts), India's courts enforce both central and state laws through a single
hierarchy — a key federal-yet-unified feature.
Supreme Court of India (Articles 124-147)
- Composition: Chief Justice of India + up to 33 other judges (strength fixed by Parliament, last raised in 2019).
- Appointment: By the President, in consultation with such judges of the SC/HCs as the President deems necessary — in practice, through the Collegium system.
- Eligibility: Citizen of India; either 5 years as an HC judge, or 10 years as an HC advocate, or a distinguished jurist in the President's opinion.
- Tenure: Retires at 65 years.
- Removal: Only by Parliament, on grounds of "proved misbehaviour or incapacity", through an address supported by a special majority in each House — same process as for High Court judges.
The Collegium System
Flowchart — Appointment of Supreme Court Judges (Collegium)
Collegium: CJI + 4 senior-most SC judges
↓
Recommends names for appointment/elevation to the SC
↓
Government may raise objections/seek clarification — but if the Collegium reiterates the name, the Government is ordinarily bound to appoint
↓
Formal appointment by the President
The Collegium is a judicial innovation, not mentioned in the Constitution's text — it emerged from the "Three Judges Cases" (1981, 1993, 1998).
⚖️ NJAC Case (2015): The 99th Amendment Act, 2014 created the National Judicial Appointments Commission to replace the Collegium. The Supreme Court struck it down as unconstitutional, holding that primacy of the judiciary in appointments is part of the Basic Structure (judicial independence). The Collegium system continues to operate.
High Courts (Articles 214-231)
- Every state has a High Court; Parliament can establish a common High Court for two or more states (e.g., Punjab & Haryana).
- Judges appointed by the President through the Collegium (CJI + 2 senior-most SC judges, plus consultation with the concerned HC Chief Justice and state Governor).
- Retire at 62 years (vs 65 for SC judges).
- HC has power of superintendence over all courts/tribunals within its jurisdiction (Article 227) and issues writs under Article 226 (wider than SC's Article 32 — for enforcement of any legal right, not just Fundamental Rights).
Subordinate Courts (Articles 233-237)
District Judges are appointed by the Governor in consultation with the High Court. The High Court controls posting, promotion, and discipline of the subordinate judiciary — ensuring separation of judiciary from executive control at the district level (a DPSP under Article 50, achieved through the Code of Criminal Procedure).
Judicial Review and Judicial Activism
| Concept | Meaning |
|---|
| Judicial Review | Power of courts to examine the constitutionality of legislative and executive actions and strike them down if they violate the Constitution |
| Judicial Activism | Courts proactively interpreting the Constitution to expand rights and address governance gaps, often through PILs |
| Public Interest Litigation (PIL) | Relaxation of the traditional "locus standi" rule — any public-spirited citizen can approach the court on behalf of those unable to do so themselves |
Doctrine of Basic Structure and the Judiciary
Judicial independence — including the collegium's primacy, separation of powers, and judicial review — has been held to be part of the Basic Structure of the Constitution, and hence beyond the reach of a simple constitutional amendment.
✅ UPSC Focus: Collegium composition (SC: CJI+4; HC: CJI+2) · NJAC judgment reasoning · Retirement age SC (65) vs HC (62) · Article 226 vs Article 32 scope · PIL and locus standi relaxation · Removal procedure ("proved misbehaviour or incapacity").