Supreme Court, High Courts and Writs Notes for SSC Exams: Indian Judiciary

The Indian judiciary is a very important part of SSC polity. The questions are about the strength of the Supreme Court, the retirement age of the judges, the Articles of the writs, the five types of writs, the jurisdiction of the courts and the famous cases. These Supreme Court, High Courts and writs notes for SSC explain the whole topic in simple language with tables and 20 practice questions. Read them with the Fundamental Rights Notes, Parliament of India Notes and Important Articles of the Indian Constitution notes.

Features of the Indian Judiciary

• India has a single integrated judiciary: the Supreme Court at the top, the High Courts at the state level and the subordinate courts below them. This is different from the USA, where the federal and state courts are separate.
• The judiciary is independent of the executive and the legislature (Article 50 of the DPSP provides for the separation of the judiciary from the executive).
• The Supreme Court is the guardian of the Constitution and the protector of the fundamental rights.
• The power of judicial review allows the courts to declare a law or an order invalid if it goes against the Constitution (the idea was taken from the USA).
• Union judiciary: Part V, Chapter IV, Articles 124 to 147. High Courts: Part VI, Chapter V, Articles 214 to 231. Subordinate courts: Articles 233 to 237.

The Supreme Court at a Glance

• Collegium system came from the "Three Judges Cases": the First Judges Case (1981), the Second Judges Case (1993) and the Third Judges Case (1998). The collegium of the Supreme Court has the Chief Justice and four senior-most judges; for the High Court judges the collegium has the Chief Justice and two senior-most judges.
• The 99th Amendment (2014) created the National Judicial Appointments Commission (NJAC), but the Supreme Court struck it down in 2015 (the Fourth Judges Case) and the collegium system remained.
• The first woman judge of the Supreme Court was Fathima Beevi (1989).

Jurisdiction and Powers of the Supreme Court

• Judicial review and the Basic Structure doctrine: in Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench held that the Parliament can amend the Constitution but cannot destroy its basic structure.
• Golaknath case (1967): the fundamental rights cannot be amended. Minerva Mills case (1980): the balance between the fundamental rights and the DPSP is a basic feature. Maneka Gandhi case (1978): widened the meaning of the right to life (Article 21). Vishakha case (1997): guidelines against the sexual harassment at the workplace. Shayara Bano (2017): instant triple talaq declared unconstitutional.
• Public Interest Litigation (PIL): any person can approach the court for the public interest, even if he is not personally affected. It was developed by the judges P. N. Bhagwati and V. R. Krishna Iyer in the 1980s (the Hussainara Khatoon case, 1979, was one of the first).

The Five Writs

• The Supreme Court issues the writs under Article 32 (only for the fundamental rights), and the High Courts under Article 226 (for the fundamental rights and for any other purpose). So the writ power of the High Court is wider.
• The writs were taken from the English law (the prerogative writs).
• Remember the letters: H-M-P-C-Q.

High Courts

Subordinate Courts and Alternative Justice Systems

• The District Judge is appointed by the Governor in consultation with the High Court (Article 233). Below the District Court are the Civil Courts and the Criminal Courts (Magistrate courts).
• Lok Adalats (people's courts) settle the cases through compromise; they were given legal status under the Legal Services Authorities Act, 1987. The decisions are final and cannot be appealed.
• NALSA (National Legal Services Authority) gives free legal aid; Article 39A (DPSP) provides for equal justice and free legal aid.
• Gram Nyayalayas (village courts) were set up under the Gram Nyayalayas Act, 2008.
• Family Courts (Family Courts Act, 1984) deal with the family disputes.
• Tribunals were added by the 42nd Amendment (Articles 323A and 323B): the Central Administrative Tribunal (CAT) for the government employees, the National Green Tribunal (NGT, 2010) for the environment and the Income Tax Appellate Tribunal (ITAT).
• e-Courts: the e-Courts Mission Mode Project is making the courts digital.

Important Days and Facts Related to the Judiciary

• Attorney General of India (Article 76) is the highest law officer of the Government; Solicitor General and Additional Solicitor Generals assist him. The Advocate General (Article 165) works for the state.
• The Law Commission of India advises the Government on the law reforms.
• Right to constitutional remedies (Article 32) is itself a fundamental right; see the Fundamental Rights Notes note.
• The Supreme Court has the power of judicial review of the amendments through the Ninth Schedule laws (after 1973, the laws placed in the Ninth Schedule after 24 April 1973 can be reviewed).

Important Questions Explained

Question 1: What is the strength of the Supreme Court of India?
Answer: 34 judges including the Chief Justice of India.

Question 2: What is the retirement age of a Supreme Court judge and a High Court judge?
Answer: 65 years for a Supreme Court judge and 62 years for a High Court judge.

Question 3: Under which Article can a person move the Supreme Court for a fundamental right?
Answer: Article 32.

Question 4: Under which Article can the High Courts issue the writs?
Answer: Article 226.

Question 5: Which writ is issued to produce an illegally detained person before the court?
Answer: Habeas Corpus.

Question 6: Which case established the basic structure doctrine?
Answer: Kesavananda Bharati v. State of Kerala (1973).

Question 7: Which writ questions the legality of a person holding a public office?
Answer: Quo Warranto.

Quick Tips to Remember

• Remember the numbers: 34 judges, retirement at 65 (SC) and 62 (HC), 25 High Courts.
• Remember the Articles: 32 and 226 (writs), 124 (SC judges), 129 (court of record), 131 (original), 136 (SLP), 143 (advisory), 214 (HC).
• Learn the five writs with their literal meaning in English.
• Remember that the writ power of the High Court is wider than that of the Supreme Court.
• Link every famous case with its subject: Kesavananda (basic structure), Maneka Gandhi (Article 21), Vishakha (sexual harassment).
• Remember that NJAC was struck down in 2015.

Common Mistakes to Avoid

• Confusing Mandamus (command) with Certiorari (quash) and Prohibition (forbid).
• Writing the retirement age of the High Court judges as 65.
• Thinking that the Supreme Court is bound by the advisory opinion request.
• Mixing Article 32 and Article 226.
• Writing the number of High Courts as 24 or 26 without checking.

Quick Revision Points

• SC: set up 28 January 1950; 34 judges; retirement 65; High Courts: 25; retirement 62.
• Articles: 32 (SC writs), 226 (HC writs), 124, 129, 131, 136, 143.
• Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.
• Basic structure: Kesavananda Bharati (1973).
• Collegium: Three Judges Cases; NJAC struck down in 2015.
• Lok Adalat: Legal Services Authorities Act 1987.

Practice Questions With Answers

1. When was the Supreme Court of India established?
   Answer: 28 January 1950 (Federal Court earlier).
2. How many judges are there in the Supreme Court?
   Answer: 34 (Including the CJI).
3. What is the retirement age of a Supreme Court judge?
   Answer: 65 years (High Court: 62).
4. Who appoints the Chief Justice of India?
   Answer: The President (Collegium system).
5. Which Article provides for the Supreme Court writs?
   Answer: Article 32 (Heart and soul).
6. Which Article provides for the High Court writs?
   Answer: Article 226 (Wider power).
7. Which Article is the Supreme Court a court of record?
   Answer: Article 129 (Contempt power).
8. Which Article provides for the advisory jurisdiction?
   Answer: Article 143 (Opinion of the President).
9. Which Article provides for the original jurisdiction?
   Answer: Article 131 (Centre-state disputes).
10. How many High Courts are there in India?
    Answer: 25 (Andhra Pradesh and Telangana separated).
11. Which are the oldest High Courts of India?
    Answer: Calcutta, Bombay and Madras (1862).
12. What does Habeas Corpus mean?
    Answer: To have the body (Personal liberty).
13. Which writ means "we command"?
    Answer: Mandamus (Public duty).
14. Which writ means "by what authority"?
    Answer: Quo Warranto (Public office).
15. Which writ is issued to quash an order?
    Answer: Certiorari (After the order).
16. Which case gave the basic structure doctrine?
    Answer: Kesavananda Bharati case (1973).
17. Which Act gave legal status to the Lok Adalats?
    Answer: Legal Services Authorities Act, 1987 (Settlement).
18. Which Amendment created the NJAC?
    Answer: The 99th Amendment (2014) (Struck down in 2015).
19. Who was the first Chief Justice of India?
    Answer: H. J. Kania (1950).
20. Which Article provides for the Attorney General?
    Answer: Article 76 (Highest law officer).

How to Practise This Topic

1. Make a table of the Articles of the judiciary and learn it.
2. Write the five writs with their meaning and use.
3. Revise the famous cases and the facts of the High Courts the next day.
4. Attempt the practice questions without looking at the answers.
5. Solve the SSC practice papers and the previous year papers for the polity pattern.

Related Notes and Practice

• Fundamental Rights Notes
• Parliament of India Notes
• Important Constitutional Amendments Notes
• Important Articles of the Indian Constitution
• Indian Polity Notes
• SSC practice papers

Frequently Asked Questions

What is the strength of the Supreme Court?

The Supreme Court has 34 judges, including the Chief Justice of India, after the 2019 amendment of the Supreme Court (Number of Judges) Act.

What is the retirement age of the judges?

Supreme Court judges retire at 65 years and High Court judges retire at 62 years.

What are the five writs?

The five writs are Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto.

What is the difference between Article 32 and Article 226?

Article 32 lets a person go to the Supreme Court only for the fundamental rights, while Article 226 lets a person go to the High Court for the fundamental rights and for any other legal right.

What is the collegium system?

The collegium system is the way in which the judges of the Supreme Court and the High Courts are appointed and transferred by a group of the senior-most judges, as evolved from the Three Judges Cases.

What is the basic structure doctrine?

The basic structure doctrine says that the Parliament can amend the Constitution but cannot change its basic features. It came from the Kesavananda Bharati case of 1973.

What is a PIL?

A Public Interest Litigation is a case that a person files in the court for the benefit of the public and not for himself.

What is a Lok Adalat?

A Lok Adalat is a forum in which the disputes are settled by compromise. Its decision is final and cannot be appealed.

How many High Courts are there in India?

There are 25 High Courts in India.

Who can remove a Supreme Court judge?

The President removes a judge after an address by both houses of the Parliament with a special majority, on the ground of proved misbehaviour or incapacity.

How many questions come from the judiciary in SSC exams?

Usually 1 or 2 questions come from the judiciary, writs and the courts in each SSC exam.

How should I prepare the judiciary topic?

Learn the Articles, the numbers, the five writs and the main cases in tables and solve the MCQs.