Concepts of Judiciary | Polity for UPSC 2024 (Pre & Mains) PDF Download

 Page 1


 
Indian Constitution has established
system with the Supreme Court at the top and the
below it. Under a high court (and below the state level), 
is a hierarchy of subordinate courts, that is, district courts and 
other lower courts. 
This single system of courts, adopted from the Government of 
India Act of 1935, enforces both Central laws as well as the 
state laws. The Supreme Court of India wa
January 28, 1950. It succeeded the Federal Court of India, 
established under the Government of
However, the jurisdiction of the Supreme Court is greater
that of its prodecessor. This is because, the Supreme Court ha
replaced the British Privy Council as the highest court of 
appeal.  
Cases with regard to appointment of judges:
Judges case (1982), the Court held that consultation does not 
mean concurrence and it only implies exchange of views. But, 
in the Second Judges case (1993),
earlier ruling and changed the meaning of
consultation to concurrence.
Court opined that the consultation process to be adopted by 
the Chief justice of India requi
judges’. The sole opinion of the chief justice of
constitute the consultation process. He should consult a
collegium of four senior
 
JUDICIARY 
Indian Constitution has established an integrated judicial 
system with the Supreme Court at the top and the high courts 
below it. Under a high court (and below the state level), 
hierarchy of subordinate courts, that is, district courts and 
This single system of courts, adopted from the Government of 
1935, enforces both Central laws as well as the 
The Supreme Court of India was inaugurated on 
succeeded the Federal Court of India, 
established under the Government of India Act of 1935. 
However, the jurisdiction of the Supreme Court is greater
that of its prodecessor. This is because, the Supreme Court ha
the British Privy Council as the highest court of 
Cases with regard to appointment of judges: In the 
, the Court held that consultation does not 
concurrence and it only implies exchange of views. But, 
Second Judges case (1993), the Court reversed its 
earlier ruling and changed the meaning of the word 
consultation to concurrence. In Third Judges case (1998),
the consultation process to be adopted by 
the Chief justice of India requires ‘consultation of plurality 
judges’. The sole opinion of the chief justice of India does not 
constitute the consultation process. He should consult a
collegium of four senior-most judges of the Supreme Court
an integrated judicial 
high courts 
below it. Under a high court (and below the state level), there 
hierarchy of subordinate courts, that is, district courts and 
This single system of courts, adopted from the Government of 
1935, enforces both Central laws as well as the 
s inaugurated on 
succeeded the Federal Court of India, 
India Act of 1935. 
However, the jurisdiction of the Supreme Court is greater than 
that of its prodecessor. This is because, the Supreme Court has 
the British Privy Council as the highest court of 
In the First 
, the Court held that consultation does not 
concurrence and it only implies exchange of views. But, 
the Court reversed its 
Third Judges case (1998), the 
the consultation process to be adopted by 
‘consultation of plurality 
India does not 
constitute the consultation process. He should consult a 
most judges of the Supreme Court.  
Page 2


 
Indian Constitution has established
system with the Supreme Court at the top and the
below it. Under a high court (and below the state level), 
is a hierarchy of subordinate courts, that is, district courts and 
other lower courts. 
This single system of courts, adopted from the Government of 
India Act of 1935, enforces both Central laws as well as the 
state laws. The Supreme Court of India wa
January 28, 1950. It succeeded the Federal Court of India, 
established under the Government of
However, the jurisdiction of the Supreme Court is greater
that of its prodecessor. This is because, the Supreme Court ha
replaced the British Privy Council as the highest court of 
appeal.  
Cases with regard to appointment of judges:
Judges case (1982), the Court held that consultation does not 
mean concurrence and it only implies exchange of views. But, 
in the Second Judges case (1993),
earlier ruling and changed the meaning of
consultation to concurrence.
Court opined that the consultation process to be adopted by 
the Chief justice of India requi
judges’. The sole opinion of the chief justice of
constitute the consultation process. He should consult a
collegium of four senior
 
JUDICIARY 
Indian Constitution has established an integrated judicial 
system with the Supreme Court at the top and the high courts 
below it. Under a high court (and below the state level), 
hierarchy of subordinate courts, that is, district courts and 
This single system of courts, adopted from the Government of 
1935, enforces both Central laws as well as the 
The Supreme Court of India was inaugurated on 
succeeded the Federal Court of India, 
established under the Government of India Act of 1935. 
However, the jurisdiction of the Supreme Court is greater
that of its prodecessor. This is because, the Supreme Court ha
the British Privy Council as the highest court of 
Cases with regard to appointment of judges: In the 
, the Court held that consultation does not 
concurrence and it only implies exchange of views. But, 
Second Judges case (1993), the Court reversed its 
earlier ruling and changed the meaning of the word 
consultation to concurrence. In Third Judges case (1998),
the consultation process to be adopted by 
the Chief justice of India requires ‘consultation of plurality 
judges’. The sole opinion of the chief justice of India does not 
constitute the consultation process. He should consult a
collegium of four senior-most judges of the Supreme Court
an integrated judicial 
high courts 
below it. Under a high court (and below the state level), there 
hierarchy of subordinate courts, that is, district courts and 
This single system of courts, adopted from the Government of 
1935, enforces both Central laws as well as the 
s inaugurated on 
succeeded the Federal Court of India, 
India Act of 1935. 
However, the jurisdiction of the Supreme Court is greater than 
that of its prodecessor. This is because, the Supreme Court has 
the British Privy Council as the highest court of 
In the First 
, the Court held that consultation does not 
concurrence and it only implies exchange of views. But, 
the Court reversed its 
Third Judges case (1998), the 
the consultation process to be adopted by 
‘consultation of plurality 
India does not 
constitute the consultation process. He should consult a 
most judges of the Supreme Court.  
 
The 99th Constitutional Amendment Act of 
National Judicial Appointme
replaced the collegium system
Supreme Court and High Courts with a new body
National Judicial Appointments Commission (NJAC). 
However, in 2015, in th
Court declared both the 99th Constitutional
well as the NJAC Act as unconstitutional and void.
Consequently, the earlier collegium system became operative 
again. 
Qualifications of Judges in Supreme Court:
appointed as a judge of the
following qualifications:
1. He should be a citizen of India.
2. (a) He should have been a judge of a High Court (or high 
courts in succession) for five years; or (b) He should have 
been an advocate of a 
succession) for ten years; or (c) He should
jurist in the opinion of the president.
From the above, it is clear that the Constitution has not 
prescribed a minimum age for appointment as a jud
Supreme Court. The option of appointing a distinguished 
jurist has not been explored at all. The category of a 
‘distinguished jurist’ was added to the draft Constitution, 
pursuant to an amendment proposed by late H.V. Kamath
 
The 99th Constitutional Amendment Act of 2014 and the 
Appointments Commission Act of 2014 
replaced the collegium system of appointing judges to the 
Supreme Court and High Courts with a new body called the 
National Judicial Appointments Commission (NJAC). 
2015, in the Fourth Judges case the Supreme 
declared both the 99th Constitutional Amendment as 
well as the NJAC Act as unconstitutional and void. 
Consequently, the earlier collegium system became operative 
Qualifications of Judges in Supreme Court: A person to be 
appointed as a judge of the Supreme Court should have the 
following qualifications: 
1. He should be a citizen of India. 
2. (a) He should have been a judge of a High Court (or high 
succession) for five years; or (b) He should have 
 High Court (or High Courts in 
succession) for ten years; or (c) He should be a distinguished 
jurist in the opinion of the president. 
From the above, it is clear that the Constitution has not 
minimum age for appointment as a judge of the 
option of appointing a distinguished 
jurist has not been explored at all. The category of a 
‘distinguished jurist’ was added to the draft Constitution, 
pursuant to an amendment proposed by late H.V. Kamath
2014 and the 
nts Commission Act of 2014 
of appointing judges to the 
called the 
National Judicial Appointments Commission (NJAC).  
the Supreme 
Amendment as 
Consequently, the earlier collegium system became operative 
son to be 
Supreme Court should have the 
2. (a) He should have been a judge of a High Court (or high 
succession) for five years; or (b) He should have 
be a distinguished 
From the above, it is clear that the Constitution has not 
ge of the 
option of appointing a distinguished 
‘distinguished jurist’ was added to the draft Constitution, 
pursuant to an amendment proposed by late H.V. Kamath. 
Page 3


 
Indian Constitution has established
system with the Supreme Court at the top and the
below it. Under a high court (and below the state level), 
is a hierarchy of subordinate courts, that is, district courts and 
other lower courts. 
This single system of courts, adopted from the Government of 
India Act of 1935, enforces both Central laws as well as the 
state laws. The Supreme Court of India wa
January 28, 1950. It succeeded the Federal Court of India, 
established under the Government of
However, the jurisdiction of the Supreme Court is greater
that of its prodecessor. This is because, the Supreme Court ha
replaced the British Privy Council as the highest court of 
appeal.  
Cases with regard to appointment of judges:
Judges case (1982), the Court held that consultation does not 
mean concurrence and it only implies exchange of views. But, 
in the Second Judges case (1993),
earlier ruling and changed the meaning of
consultation to concurrence.
Court opined that the consultation process to be adopted by 
the Chief justice of India requi
judges’. The sole opinion of the chief justice of
constitute the consultation process. He should consult a
collegium of four senior
 
JUDICIARY 
Indian Constitution has established an integrated judicial 
system with the Supreme Court at the top and the high courts 
below it. Under a high court (and below the state level), 
hierarchy of subordinate courts, that is, district courts and 
This single system of courts, adopted from the Government of 
1935, enforces both Central laws as well as the 
The Supreme Court of India was inaugurated on 
succeeded the Federal Court of India, 
established under the Government of India Act of 1935. 
However, the jurisdiction of the Supreme Court is greater
that of its prodecessor. This is because, the Supreme Court ha
the British Privy Council as the highest court of 
Cases with regard to appointment of judges: In the 
, the Court held that consultation does not 
concurrence and it only implies exchange of views. But, 
Second Judges case (1993), the Court reversed its 
earlier ruling and changed the meaning of the word 
consultation to concurrence. In Third Judges case (1998),
the consultation process to be adopted by 
the Chief justice of India requires ‘consultation of plurality 
judges’. The sole opinion of the chief justice of India does not 
constitute the consultation process. He should consult a
collegium of four senior-most judges of the Supreme Court
an integrated judicial 
high courts 
below it. Under a high court (and below the state level), there 
hierarchy of subordinate courts, that is, district courts and 
This single system of courts, adopted from the Government of 
1935, enforces both Central laws as well as the 
s inaugurated on 
succeeded the Federal Court of India, 
India Act of 1935. 
However, the jurisdiction of the Supreme Court is greater than 
that of its prodecessor. This is because, the Supreme Court has 
the British Privy Council as the highest court of 
In the First 
, the Court held that consultation does not 
concurrence and it only implies exchange of views. But, 
the Court reversed its 
Third Judges case (1998), the 
the consultation process to be adopted by 
‘consultation of plurality 
India does not 
constitute the consultation process. He should consult a 
most judges of the Supreme Court.  
 
The 99th Constitutional Amendment Act of 
National Judicial Appointme
replaced the collegium system
Supreme Court and High Courts with a new body
National Judicial Appointments Commission (NJAC). 
However, in 2015, in th
Court declared both the 99th Constitutional
well as the NJAC Act as unconstitutional and void.
Consequently, the earlier collegium system became operative 
again. 
Qualifications of Judges in Supreme Court:
appointed as a judge of the
following qualifications:
1. He should be a citizen of India.
2. (a) He should have been a judge of a High Court (or high 
courts in succession) for five years; or (b) He should have 
been an advocate of a 
succession) for ten years; or (c) He should
jurist in the opinion of the president.
From the above, it is clear that the Constitution has not 
prescribed a minimum age for appointment as a jud
Supreme Court. The option of appointing a distinguished 
jurist has not been explored at all. The category of a 
‘distinguished jurist’ was added to the draft Constitution, 
pursuant to an amendment proposed by late H.V. Kamath
 
The 99th Constitutional Amendment Act of 2014 and the 
Appointments Commission Act of 2014 
replaced the collegium system of appointing judges to the 
Supreme Court and High Courts with a new body called the 
National Judicial Appointments Commission (NJAC). 
2015, in the Fourth Judges case the Supreme 
declared both the 99th Constitutional Amendment as 
well as the NJAC Act as unconstitutional and void. 
Consequently, the earlier collegium system became operative 
Qualifications of Judges in Supreme Court: A person to be 
appointed as a judge of the Supreme Court should have the 
following qualifications: 
1. He should be a citizen of India. 
2. (a) He should have been a judge of a High Court (or high 
succession) for five years; or (b) He should have 
 High Court (or High Courts in 
succession) for ten years; or (c) He should be a distinguished 
jurist in the opinion of the president. 
From the above, it is clear that the Constitution has not 
minimum age for appointment as a judge of the 
option of appointing a distinguished 
jurist has not been explored at all. The category of a 
‘distinguished jurist’ was added to the draft Constitution, 
pursuant to an amendment proposed by late H.V. Kamath
2014 and the 
nts Commission Act of 2014 
of appointing judges to the 
called the 
National Judicial Appointments Commission (NJAC).  
the Supreme 
Amendment as 
Consequently, the earlier collegium system became operative 
son to be 
Supreme Court should have the 
2. (a) He should have been a judge of a High Court (or high 
succession) for five years; or (b) He should have 
be a distinguished 
From the above, it is clear that the Constitution has not 
ge of the 
option of appointing a distinguished 
‘distinguished jurist’ was added to the draft Constitution, 
pursuant to an amendment proposed by late H.V. Kamath. 
 
Prof N R Madhava Men
considered for appointment in the past. 
Ad-Hoc Judges: When there is a lack of quorum of the 
permanent judges to hold or continue
Supreme Court, the Chief Justice of India can appoint a
of a High Court as an ad hoc judge of the Supreme Court for a
temporary period. He can do so only after consultation with 
the chief justice of the High Court concerned and with the 
previous consent of the president.
should be qualified for app
Court. 
Retired Judges: At any time, the chief justice of India can 
request a retired judge of the
of a high court (who is duly qualified for
judge of the Supreme Court) to
Court for a temporary period. He can do so only with the 
previous consent of the president and also of the person to be 
so appointed. Such a judge is entitled to such allowances as 
the president may determine.
The Constitution declares 
Court. But, it also authorises the chief justice of India to 
appoint other place or places as seat of
can take decision in this regard only with the approval
President. 
 
Prof N R Madhava Menon or Prof Upendra Baxi have been 
considered for appointment in the past.  
When there is a lack of quorum of the 
permanent judges to hold or continue any session of the 
Supreme Court, the Chief Justice of India can appoint a
Court as an ad hoc judge of the Supreme Court for a
temporary period. He can do so only after consultation with 
of the High Court concerned and with the 
previous consent of the president. The judge so appointed 
should be qualified for appointment as a judge of the Supreme 
At any time, the chief justice of India can 
request a retired judge of the Supreme Court or a retired judge 
of a high court (who is duly qualified for appointment as a 
judge of the Supreme Court) to act as a judge of the Supreme 
Court for a temporary period. He can do so only with the 
consent of the president and also of the person to be 
judge is entitled to such allowances as 
the president may determine. 
n declares Delhi as the seat of the Supreme 
authorises the chief justice of India to 
appoint other place or places as seat of the Supreme Court. He 
can take decision in this regard only with the approval
have been 
When there is a lack of quorum of the 
any session of the 
Supreme Court, the Chief Justice of India can appoint a judge 
Court as an ad hoc judge of the Supreme Court for a 
temporary period. He can do so only after consultation with 
of the High Court concerned and with the 
The judge so appointed 
Supreme 
At any time, the chief justice of India can 
Supreme Court or a retired judge 
appointment as a 
Supreme 
Court for a temporary period. He can do so only with the 
consent of the president and also of the person to be 
judge is entitled to such allowances as 
Delhi as the seat of the Supreme 
authorises the chief justice of India to 
the Supreme Court. He 
can take decision in this regard only with the approval of the 
Page 4


 
Indian Constitution has established
system with the Supreme Court at the top and the
below it. Under a high court (and below the state level), 
is a hierarchy of subordinate courts, that is, district courts and 
other lower courts. 
This single system of courts, adopted from the Government of 
India Act of 1935, enforces both Central laws as well as the 
state laws. The Supreme Court of India wa
January 28, 1950. It succeeded the Federal Court of India, 
established under the Government of
However, the jurisdiction of the Supreme Court is greater
that of its prodecessor. This is because, the Supreme Court ha
replaced the British Privy Council as the highest court of 
appeal.  
Cases with regard to appointment of judges:
Judges case (1982), the Court held that consultation does not 
mean concurrence and it only implies exchange of views. But, 
in the Second Judges case (1993),
earlier ruling and changed the meaning of
consultation to concurrence.
Court opined that the consultation process to be adopted by 
the Chief justice of India requi
judges’. The sole opinion of the chief justice of
constitute the consultation process. He should consult a
collegium of four senior
 
JUDICIARY 
Indian Constitution has established an integrated judicial 
system with the Supreme Court at the top and the high courts 
below it. Under a high court (and below the state level), 
hierarchy of subordinate courts, that is, district courts and 
This single system of courts, adopted from the Government of 
1935, enforces both Central laws as well as the 
The Supreme Court of India was inaugurated on 
succeeded the Federal Court of India, 
established under the Government of India Act of 1935. 
However, the jurisdiction of the Supreme Court is greater
that of its prodecessor. This is because, the Supreme Court ha
the British Privy Council as the highest court of 
Cases with regard to appointment of judges: In the 
, the Court held that consultation does not 
concurrence and it only implies exchange of views. But, 
Second Judges case (1993), the Court reversed its 
earlier ruling and changed the meaning of the word 
consultation to concurrence. In Third Judges case (1998),
the consultation process to be adopted by 
the Chief justice of India requires ‘consultation of plurality 
judges’. The sole opinion of the chief justice of India does not 
constitute the consultation process. He should consult a
collegium of four senior-most judges of the Supreme Court
an integrated judicial 
high courts 
below it. Under a high court (and below the state level), there 
hierarchy of subordinate courts, that is, district courts and 
This single system of courts, adopted from the Government of 
1935, enforces both Central laws as well as the 
s inaugurated on 
succeeded the Federal Court of India, 
India Act of 1935. 
However, the jurisdiction of the Supreme Court is greater than 
that of its prodecessor. This is because, the Supreme Court has 
the British Privy Council as the highest court of 
In the First 
, the Court held that consultation does not 
concurrence and it only implies exchange of views. But, 
the Court reversed its 
Third Judges case (1998), the 
the consultation process to be adopted by 
‘consultation of plurality 
India does not 
constitute the consultation process. He should consult a 
most judges of the Supreme Court.  
 
The 99th Constitutional Amendment Act of 
National Judicial Appointme
replaced the collegium system
Supreme Court and High Courts with a new body
National Judicial Appointments Commission (NJAC). 
However, in 2015, in th
Court declared both the 99th Constitutional
well as the NJAC Act as unconstitutional and void.
Consequently, the earlier collegium system became operative 
again. 
Qualifications of Judges in Supreme Court:
appointed as a judge of the
following qualifications:
1. He should be a citizen of India.
2. (a) He should have been a judge of a High Court (or high 
courts in succession) for five years; or (b) He should have 
been an advocate of a 
succession) for ten years; or (c) He should
jurist in the opinion of the president.
From the above, it is clear that the Constitution has not 
prescribed a minimum age for appointment as a jud
Supreme Court. The option of appointing a distinguished 
jurist has not been explored at all. The category of a 
‘distinguished jurist’ was added to the draft Constitution, 
pursuant to an amendment proposed by late H.V. Kamath
 
The 99th Constitutional Amendment Act of 2014 and the 
Appointments Commission Act of 2014 
replaced the collegium system of appointing judges to the 
Supreme Court and High Courts with a new body called the 
National Judicial Appointments Commission (NJAC). 
2015, in the Fourth Judges case the Supreme 
declared both the 99th Constitutional Amendment as 
well as the NJAC Act as unconstitutional and void. 
Consequently, the earlier collegium system became operative 
Qualifications of Judges in Supreme Court: A person to be 
appointed as a judge of the Supreme Court should have the 
following qualifications: 
1. He should be a citizen of India. 
2. (a) He should have been a judge of a High Court (or high 
succession) for five years; or (b) He should have 
 High Court (or High Courts in 
succession) for ten years; or (c) He should be a distinguished 
jurist in the opinion of the president. 
From the above, it is clear that the Constitution has not 
minimum age for appointment as a judge of the 
option of appointing a distinguished 
jurist has not been explored at all. The category of a 
‘distinguished jurist’ was added to the draft Constitution, 
pursuant to an amendment proposed by late H.V. Kamath
2014 and the 
nts Commission Act of 2014 
of appointing judges to the 
called the 
National Judicial Appointments Commission (NJAC).  
the Supreme 
Amendment as 
Consequently, the earlier collegium system became operative 
son to be 
Supreme Court should have the 
2. (a) He should have been a judge of a High Court (or high 
succession) for five years; or (b) He should have 
be a distinguished 
From the above, it is clear that the Constitution has not 
ge of the 
option of appointing a distinguished 
‘distinguished jurist’ was added to the draft Constitution, 
pursuant to an amendment proposed by late H.V. Kamath. 
 
Prof N R Madhava Men
considered for appointment in the past. 
Ad-Hoc Judges: When there is a lack of quorum of the 
permanent judges to hold or continue
Supreme Court, the Chief Justice of India can appoint a
of a High Court as an ad hoc judge of the Supreme Court for a
temporary period. He can do so only after consultation with 
the chief justice of the High Court concerned and with the 
previous consent of the president.
should be qualified for app
Court. 
Retired Judges: At any time, the chief justice of India can 
request a retired judge of the
of a high court (who is duly qualified for
judge of the Supreme Court) to
Court for a temporary period. He can do so only with the 
previous consent of the president and also of the person to be 
so appointed. Such a judge is entitled to such allowances as 
the president may determine.
The Constitution declares 
Court. But, it also authorises the chief justice of India to 
appoint other place or places as seat of
can take decision in this regard only with the approval
President. 
 
Prof N R Madhava Menon or Prof Upendra Baxi have been 
considered for appointment in the past.  
When there is a lack of quorum of the 
permanent judges to hold or continue any session of the 
Supreme Court, the Chief Justice of India can appoint a
Court as an ad hoc judge of the Supreme Court for a
temporary period. He can do so only after consultation with 
of the High Court concerned and with the 
previous consent of the president. The judge so appointed 
should be qualified for appointment as a judge of the Supreme 
At any time, the chief justice of India can 
request a retired judge of the Supreme Court or a retired judge 
of a high court (who is duly qualified for appointment as a 
judge of the Supreme Court) to act as a judge of the Supreme 
Court for a temporary period. He can do so only with the 
consent of the president and also of the person to be 
judge is entitled to such allowances as 
the president may determine. 
n declares Delhi as the seat of the Supreme 
authorises the chief justice of India to 
appoint other place or places as seat of the Supreme Court. He 
can take decision in this regard only with the approval
have been 
When there is a lack of quorum of the 
any session of the 
Supreme Court, the Chief Justice of India can appoint a judge 
Court as an ad hoc judge of the Supreme Court for a 
temporary period. He can do so only after consultation with 
of the High Court concerned and with the 
The judge so appointed 
Supreme 
At any time, the chief justice of India can 
Supreme Court or a retired judge 
appointment as a 
Supreme 
Court for a temporary period. He can do so only with the 
consent of the president and also of the person to be 
judge is entitled to such allowances as 
Delhi as the seat of the Supreme 
authorises the chief justice of India to 
the Supreme Court. He 
can take decision in this regard only with the approval of the 
 
? The Supreme Co
president, make rules for regulating generally the 
practice and procedure of the Court. 
? The Constitutional cases or references made by the 
President under Article 143 are decided by a Bench 
consisting of at least five jud
? All other cases are usually decided by a bench consisting 
of not less than three judges.
delivered by the open court. 
? All judgements are by 
then judges can give 
Original Jurisdiction:
decides the disputes between different 
Federation. More elaborately, any dispute between:
(a) the Centre and one or more states; or
(b) the Centre and any state or states on 
more states on the other; or
(c) between two or more states.
One, the dispute must involve a question
fact) on which the existence or extent of a legal right
depends. Thus, the questions of political nature are 
excluded from it. Two,
Court by a private citizen against the
cannot be entertained under this.
 
The Supreme Court can, with the approval of the 
president, make rules for regulating generally the 
practice and procedure of the Court.  
The Constitutional cases or references made by the 
President under Article 143 are decided by a Bench 
at least five judges.  
All other cases are usually decided by a bench consisting 
not less than three judges. The judgements are 
delivered by the open court.  
All judgements are by majority vote but if differing, 
then judges can give dissenting judgements or opinions.
Jurisdiction: As a federal court, the Supreme Court 
s the disputes between different units of the Indian 
Federation. More elaborately, any dispute between:
(a) the Centre and one or more states; or 
(b) the Centre and any state or states on one side and one or 
the other; or 
(c) between two or more states. 
One, the dispute must involve a question (whether of law or 
fact) on which the existence or extent of a legal right
depends. Thus, the questions of political nature are 
ed from it. Two, any suit brought before the Supreme 
Court by a private citizen against the Centre or a state 
cannot be entertained under this. 
urt can, with the approval of the 
president, make rules for regulating generally the 
The Constitutional cases or references made by the 
President under Article 143 are decided by a Bench 
All other cases are usually decided by a bench consisting 
The judgements are 
but if differing, 
or opinions. 
As a federal court, the Supreme Court 
units of the Indian 
Federation. More elaborately, any dispute between: 
one side and one or 
(whether of law or 
fact) on which the existence or extent of a legal right 
depends. Thus, the questions of political nature are 
any suit brought before the Supreme 
Centre or a state 
Page 5


 
Indian Constitution has established
system with the Supreme Court at the top and the
below it. Under a high court (and below the state level), 
is a hierarchy of subordinate courts, that is, district courts and 
other lower courts. 
This single system of courts, adopted from the Government of 
India Act of 1935, enforces both Central laws as well as the 
state laws. The Supreme Court of India wa
January 28, 1950. It succeeded the Federal Court of India, 
established under the Government of
However, the jurisdiction of the Supreme Court is greater
that of its prodecessor. This is because, the Supreme Court ha
replaced the British Privy Council as the highest court of 
appeal.  
Cases with regard to appointment of judges:
Judges case (1982), the Court held that consultation does not 
mean concurrence and it only implies exchange of views. But, 
in the Second Judges case (1993),
earlier ruling and changed the meaning of
consultation to concurrence.
Court opined that the consultation process to be adopted by 
the Chief justice of India requi
judges’. The sole opinion of the chief justice of
constitute the consultation process. He should consult a
collegium of four senior
 
JUDICIARY 
Indian Constitution has established an integrated judicial 
system with the Supreme Court at the top and the high courts 
below it. Under a high court (and below the state level), 
hierarchy of subordinate courts, that is, district courts and 
This single system of courts, adopted from the Government of 
1935, enforces both Central laws as well as the 
The Supreme Court of India was inaugurated on 
succeeded the Federal Court of India, 
established under the Government of India Act of 1935. 
However, the jurisdiction of the Supreme Court is greater
that of its prodecessor. This is because, the Supreme Court ha
the British Privy Council as the highest court of 
Cases with regard to appointment of judges: In the 
, the Court held that consultation does not 
concurrence and it only implies exchange of views. But, 
Second Judges case (1993), the Court reversed its 
earlier ruling and changed the meaning of the word 
consultation to concurrence. In Third Judges case (1998),
the consultation process to be adopted by 
the Chief justice of India requires ‘consultation of plurality 
judges’. The sole opinion of the chief justice of India does not 
constitute the consultation process. He should consult a
collegium of four senior-most judges of the Supreme Court
an integrated judicial 
high courts 
below it. Under a high court (and below the state level), there 
hierarchy of subordinate courts, that is, district courts and 
This single system of courts, adopted from the Government of 
1935, enforces both Central laws as well as the 
s inaugurated on 
succeeded the Federal Court of India, 
India Act of 1935. 
However, the jurisdiction of the Supreme Court is greater than 
that of its prodecessor. This is because, the Supreme Court has 
the British Privy Council as the highest court of 
In the First 
, the Court held that consultation does not 
concurrence and it only implies exchange of views. But, 
the Court reversed its 
Third Judges case (1998), the 
the consultation process to be adopted by 
‘consultation of plurality 
India does not 
constitute the consultation process. He should consult a 
most judges of the Supreme Court.  
 
The 99th Constitutional Amendment Act of 
National Judicial Appointme
replaced the collegium system
Supreme Court and High Courts with a new body
National Judicial Appointments Commission (NJAC). 
However, in 2015, in th
Court declared both the 99th Constitutional
well as the NJAC Act as unconstitutional and void.
Consequently, the earlier collegium system became operative 
again. 
Qualifications of Judges in Supreme Court:
appointed as a judge of the
following qualifications:
1. He should be a citizen of India.
2. (a) He should have been a judge of a High Court (or high 
courts in succession) for five years; or (b) He should have 
been an advocate of a 
succession) for ten years; or (c) He should
jurist in the opinion of the president.
From the above, it is clear that the Constitution has not 
prescribed a minimum age for appointment as a jud
Supreme Court. The option of appointing a distinguished 
jurist has not been explored at all. The category of a 
‘distinguished jurist’ was added to the draft Constitution, 
pursuant to an amendment proposed by late H.V. Kamath
 
The 99th Constitutional Amendment Act of 2014 and the 
Appointments Commission Act of 2014 
replaced the collegium system of appointing judges to the 
Supreme Court and High Courts with a new body called the 
National Judicial Appointments Commission (NJAC). 
2015, in the Fourth Judges case the Supreme 
declared both the 99th Constitutional Amendment as 
well as the NJAC Act as unconstitutional and void. 
Consequently, the earlier collegium system became operative 
Qualifications of Judges in Supreme Court: A person to be 
appointed as a judge of the Supreme Court should have the 
following qualifications: 
1. He should be a citizen of India. 
2. (a) He should have been a judge of a High Court (or high 
succession) for five years; or (b) He should have 
 High Court (or High Courts in 
succession) for ten years; or (c) He should be a distinguished 
jurist in the opinion of the president. 
From the above, it is clear that the Constitution has not 
minimum age for appointment as a judge of the 
option of appointing a distinguished 
jurist has not been explored at all. The category of a 
‘distinguished jurist’ was added to the draft Constitution, 
pursuant to an amendment proposed by late H.V. Kamath
2014 and the 
nts Commission Act of 2014 
of appointing judges to the 
called the 
National Judicial Appointments Commission (NJAC).  
the Supreme 
Amendment as 
Consequently, the earlier collegium system became operative 
son to be 
Supreme Court should have the 
2. (a) He should have been a judge of a High Court (or high 
succession) for five years; or (b) He should have 
be a distinguished 
From the above, it is clear that the Constitution has not 
ge of the 
option of appointing a distinguished 
‘distinguished jurist’ was added to the draft Constitution, 
pursuant to an amendment proposed by late H.V. Kamath. 
 
Prof N R Madhava Men
considered for appointment in the past. 
Ad-Hoc Judges: When there is a lack of quorum of the 
permanent judges to hold or continue
Supreme Court, the Chief Justice of India can appoint a
of a High Court as an ad hoc judge of the Supreme Court for a
temporary period. He can do so only after consultation with 
the chief justice of the High Court concerned and with the 
previous consent of the president.
should be qualified for app
Court. 
Retired Judges: At any time, the chief justice of India can 
request a retired judge of the
of a high court (who is duly qualified for
judge of the Supreme Court) to
Court for a temporary period. He can do so only with the 
previous consent of the president and also of the person to be 
so appointed. Such a judge is entitled to such allowances as 
the president may determine.
The Constitution declares 
Court. But, it also authorises the chief justice of India to 
appoint other place or places as seat of
can take decision in this regard only with the approval
President. 
 
Prof N R Madhava Menon or Prof Upendra Baxi have been 
considered for appointment in the past.  
When there is a lack of quorum of the 
permanent judges to hold or continue any session of the 
Supreme Court, the Chief Justice of India can appoint a
Court as an ad hoc judge of the Supreme Court for a
temporary period. He can do so only after consultation with 
of the High Court concerned and with the 
previous consent of the president. The judge so appointed 
should be qualified for appointment as a judge of the Supreme 
At any time, the chief justice of India can 
request a retired judge of the Supreme Court or a retired judge 
of a high court (who is duly qualified for appointment as a 
judge of the Supreme Court) to act as a judge of the Supreme 
Court for a temporary period. He can do so only with the 
consent of the president and also of the person to be 
judge is entitled to such allowances as 
the president may determine. 
n declares Delhi as the seat of the Supreme 
authorises the chief justice of India to 
appoint other place or places as seat of the Supreme Court. He 
can take decision in this regard only with the approval
have been 
When there is a lack of quorum of the 
any session of the 
Supreme Court, the Chief Justice of India can appoint a judge 
Court as an ad hoc judge of the Supreme Court for a 
temporary period. He can do so only after consultation with 
of the High Court concerned and with the 
The judge so appointed 
Supreme 
At any time, the chief justice of India can 
Supreme Court or a retired judge 
appointment as a 
Supreme 
Court for a temporary period. He can do so only with the 
consent of the president and also of the person to be 
judge is entitled to such allowances as 
Delhi as the seat of the Supreme 
authorises the chief justice of India to 
the Supreme Court. He 
can take decision in this regard only with the approval of the 
 
? The Supreme Co
president, make rules for regulating generally the 
practice and procedure of the Court. 
? The Constitutional cases or references made by the 
President under Article 143 are decided by a Bench 
consisting of at least five jud
? All other cases are usually decided by a bench consisting 
of not less than three judges.
delivered by the open court. 
? All judgements are by 
then judges can give 
Original Jurisdiction:
decides the disputes between different 
Federation. More elaborately, any dispute between:
(a) the Centre and one or more states; or
(b) the Centre and any state or states on 
more states on the other; or
(c) between two or more states.
One, the dispute must involve a question
fact) on which the existence or extent of a legal right
depends. Thus, the questions of political nature are 
excluded from it. Two,
Court by a private citizen against the
cannot be entertained under this.
 
The Supreme Court can, with the approval of the 
president, make rules for regulating generally the 
practice and procedure of the Court.  
The Constitutional cases or references made by the 
President under Article 143 are decided by a Bench 
at least five judges.  
All other cases are usually decided by a bench consisting 
not less than three judges. The judgements are 
delivered by the open court.  
All judgements are by majority vote but if differing, 
then judges can give dissenting judgements or opinions.
Jurisdiction: As a federal court, the Supreme Court 
s the disputes between different units of the Indian 
Federation. More elaborately, any dispute between:
(a) the Centre and one or more states; or 
(b) the Centre and any state or states on one side and one or 
the other; or 
(c) between two or more states. 
One, the dispute must involve a question (whether of law or 
fact) on which the existence or extent of a legal right
depends. Thus, the questions of political nature are 
ed from it. Two, any suit brought before the Supreme 
Court by a private citizen against the Centre or a state 
cannot be entertained under this. 
urt can, with the approval of the 
president, make rules for regulating generally the 
The Constitutional cases or references made by the 
President under Article 143 are decided by a Bench 
All other cases are usually decided by a bench consisting 
The judgements are 
but if differing, 
or opinions. 
As a federal court, the Supreme Court 
units of the Indian 
Federation. More elaborately, any dispute between: 
one side and one or 
(whether of law or 
fact) on which the existence or extent of a legal right 
depends. Thus, the questions of political nature are 
any suit brought before the Supreme 
Centre or a state 
 
Writ Jurisdiction: The Constitution has constituted the 
Supreme Court as the guarantor and
fundamental rights of the citizens. The Supreme Court is
empowered to issue writs including habeas corpus, 
mandamus, prohibition,
enforcement of the fundamental rights of
citizen. However, the writ
Court is not exclusive. The high courts are also
to issue writs for the enforcement of the Fundamental 
Rights as well as for other purposes
Appellate Jurisdiction: Supreme Court enjoys 
appellate jurisdiction which can be class
heads: 
(a) Appeals in constitutional matters.
(b) Appeals in civil matters.
(c) Appeals in criminal matters.
(d) Appeals by special leave.
The Supreme Court is authorised to grant
special leave to appeal
136) from any judgement in any matter
or tribunal in the country (except military tribunal and
martial). It can be granted in any judgement whether final 
or interlocutory. It may be related to any matter
constitutional, civil, criminal, income
advocates, etc. It is to be used in case any substantial 
 
The Constitution has constituted the 
Supreme Court as the guarantor and defender of the 
mental rights of the citizens. The Supreme Court is
empowered to issue writs including habeas corpus, 
mandamus, prohibition, quo-warrento and certiorari for the 
enforcement of the fundamental rights of an aggrieved 
However, the writ jurisdiction of the Supreme 
Court is not exclusive. The high courts are also empowered 
to issue writs for the enforcement of the Fundamental 
as well as for other purposes. 
Appellate Jurisdiction: Supreme Court enjoys wide 
jurisdiction which can be classified under four 
(a) Appeals in constitutional matters. 
(b) Appeals in civil matters. 
(c) Appeals in criminal matters. 
(d) Appeals by special leave. 
The Supreme Court is authorised to grant in its discretion 
special leave to appeal/ special leave petitions (Article 
from any judgement in any matter passed by any court 
or tribunal in the country (except military tribunal and
It can be granted in any judgement whether final 
or interlocutory. It may be related to any matter —
utional, civil, criminal, income tax, labour, revenue, 
It is to be used in case any substantial 
The Constitution has constituted the 
defender of the 
mental rights of the citizens. The Supreme Court is 
empowered to issue writs including habeas corpus, 
warrento and certiorari for the 
an aggrieved 
f the Supreme 
empowered 
to issue writs for the enforcement of the Fundamental 
wide 
ified under four 
in its discretion 
(Article 
passed by any court 
or tribunal in the country (except military tribunal and court 
It can be granted in any judgement whether final 
labour, revenue, 
It is to be used in case any substantial