Phase 2: System of Government & The Union

The Judiciary

Supreme Court jurisdictions and the mechanisms of Judicial Review.

An Integrated Judicial System

Unlike the American system which has a double system of courts (federal and state), India has an integrated judicial system with the Supreme Court at the top, High Courts below it, and a hierarchy of subordinate courts. This single system of courts enforces both Central laws and State laws.

Jurisdiction of the Supreme Court (Articles 124-147)

  • Original Jurisdiction (Article 131): As a federal court, the SC decides disputes between different units of the Indian Federation (Centre vs. State, State vs. State). It has exclusive original jurisdiction in these matters.
  • Writ Jurisdiction (Article 32): The SC is the guarantor and defender of the Fundamental Rights. It can issue writs for the enforcement of these rights.
  • Appellate Jurisdiction: It is the highest court of appeal. It hears appeals against the judgements of lower courts in constitutional, civil, and criminal matters.
  • Advisory Jurisdiction (Article 143): The President can seek the opinion of the SC on any question of law or fact of public importance. The opinion is not binding on the President.

Judicial Review

Judicial Review is the power of the Supreme Court to examine the constitutionality of legislative enactments and executive orders. If found violative of the Constitution (e.g., they infringe Fundamental Rights, or are outside the competence of the authority framing them), they can be declared illegal, unconstitutional and void.

While the phrase "Judicial Review" is nowhere explicitly used in the Constitution, provisions of Articles 13, 32, 131-136, 143, 226 and 246 confer this power explicitly.

Independence of the Judiciary

To ensure unbiased justice, the Constitution secures the independence of the SC judges through:

  • Security of Tenure: Judges can only be removed by the President upon an address by Parliament passed by a special majority (proving misbehavior or incapacity).
  • Expenses charged on Consolidated Fund: Salaries, allowances, and administrative expenses of the SC are charged on the Consolidated Fund of India, making them non-votable by Parliament.
  • Ban on Practice after Retirement: Retired judges of the SC are prohibited from pleading or acting in any court or before any authority within India.