Notes: Basics of Judiciary from Laxmikanth | Political Science & International Relations: Mains Optional - UPSC PDF Download

 Page 1


Supreme Court
Indian Polity
Page 2


Supreme Court
Indian Polity
History of Indian Judiciary
? Indian judiciary is a single integrated system of courts for the union as well as the states,
which administers both the union and state laws, and at the head of the entire system
stands the Supreme Court of India.
? With the advent of the British colonial administration, India witnessed a judicial system
introduced on the basis of Anglo-Saxon jurisprudence. The Regulating Act of 1773
established for the first time the Supreme Court of India in Calcutta, consisting of the
Chief Justice and three judges (later reduced to two) appointed by the Crown acting as
King’s court and not East India Company’s court. Later, Supreme Courts were established
in Madras and Bombay.
? In this period the judicial system had two distinct systems of courts, the English system of
Royal Courts, which followed the English law and procedure in the presidencies and the
Indian system of Adalat/Sadr courts, which followed the Regulation laws and Personal
laws in the provinces. Under the High Court Act of 1861, these two systems were
merged, replacing the Supreme Courts and the native courts (Sadr Dewani Adalat and
Sadr Nizamat Adalat) in the presidency towns of Calcutta, Bombay and Madras with High
Courts.
? The highest court of appeal was the judicial committee of the Privy Council. The
Government of India Act of 1935 set up the Federal Court of India to act as an
intermediate appellant between High courts and the Privy Council. The Federal Court
continued to function till 26th January 1950, when independent India’s Constitution
came into force.
Page 3


Supreme Court
Indian Polity
History of Indian Judiciary
? Indian judiciary is a single integrated system of courts for the union as well as the states,
which administers both the union and state laws, and at the head of the entire system
stands the Supreme Court of India.
? With the advent of the British colonial administration, India witnessed a judicial system
introduced on the basis of Anglo-Saxon jurisprudence. The Regulating Act of 1773
established for the first time the Supreme Court of India in Calcutta, consisting of the
Chief Justice and three judges (later reduced to two) appointed by the Crown acting as
King’s court and not East India Company’s court. Later, Supreme Courts were established
in Madras and Bombay.
? In this period the judicial system had two distinct systems of courts, the English system of
Royal Courts, which followed the English law and procedure in the presidencies and the
Indian system of Adalat/Sadr courts, which followed the Regulation laws and Personal
laws in the provinces. Under the High Court Act of 1861, these two systems were
merged, replacing the Supreme Courts and the native courts (Sadr Dewani Adalat and
Sadr Nizamat Adalat) in the presidency towns of Calcutta, Bombay and Madras with High
Courts.
? The highest court of appeal was the judicial committee of the Privy Council. The
Government of India Act of 1935 set up the Federal Court of India to act as an
intermediate appellant between High courts and the Privy Council. The Federal Court
continued to function till 26th January 1950, when independent India’s Constitution
came into force.
Organisation of Supreme Court
? During the working of the Constituent Assembly, Sapru Committee Report 
on judiciary and the Constituent Assembly’s ad hoc committee on the 
Supreme Court report formed the bulk of the guidelines for judiciary.
? Ambedkar was perhaps the greatest apostle in the Assembly of what he 
described as ‘one single integrated judiciary having jurisdiction and providing 
remedies in all cases arising under the Constitutional law , the Civil, or the 
criminal law , essential to maintain the unity of the country’.
? The Supreme Court of India was inaugurated on January 28, 1950 and 
replaced the Federal Court. Its jurisdiction was greater as it also replaced the 
Privy Council. It is the apex court and the highest court of appeal in the 
country. 
? The current strength of Supreme Court is 24 as against the sanctioned 31 (as 
per the Supreme Court (Number of Judges) Amendment Act, 2008). Thus, it 
is the Parliament that determines the strength of the Supreme Court, 
organizing jurisdiction (only extend not curtail as per Art. 138) and powers 
of supreme court.
Page 4


Supreme Court
Indian Polity
History of Indian Judiciary
? Indian judiciary is a single integrated system of courts for the union as well as the states,
which administers both the union and state laws, and at the head of the entire system
stands the Supreme Court of India.
? With the advent of the British colonial administration, India witnessed a judicial system
introduced on the basis of Anglo-Saxon jurisprudence. The Regulating Act of 1773
established for the first time the Supreme Court of India in Calcutta, consisting of the
Chief Justice and three judges (later reduced to two) appointed by the Crown acting as
King’s court and not East India Company’s court. Later, Supreme Courts were established
in Madras and Bombay.
? In this period the judicial system had two distinct systems of courts, the English system of
Royal Courts, which followed the English law and procedure in the presidencies and the
Indian system of Adalat/Sadr courts, which followed the Regulation laws and Personal
laws in the provinces. Under the High Court Act of 1861, these two systems were
merged, replacing the Supreme Courts and the native courts (Sadr Dewani Adalat and
Sadr Nizamat Adalat) in the presidency towns of Calcutta, Bombay and Madras with High
Courts.
? The highest court of appeal was the judicial committee of the Privy Council. The
Government of India Act of 1935 set up the Federal Court of India to act as an
intermediate appellant between High courts and the Privy Council. The Federal Court
continued to function till 26th January 1950, when independent India’s Constitution
came into force.
Organisation of Supreme Court
? During the working of the Constituent Assembly, Sapru Committee Report 
on judiciary and the Constituent Assembly’s ad hoc committee on the 
Supreme Court report formed the bulk of the guidelines for judiciary.
? Ambedkar was perhaps the greatest apostle in the Assembly of what he 
described as ‘one single integrated judiciary having jurisdiction and providing 
remedies in all cases arising under the Constitutional law , the Civil, or the 
criminal law , essential to maintain the unity of the country’.
? The Supreme Court of India was inaugurated on January 28, 1950 and 
replaced the Federal Court. Its jurisdiction was greater as it also replaced the 
Privy Council. It is the apex court and the highest court of appeal in the 
country. 
? The current strength of Supreme Court is 24 as against the sanctioned 31 (as 
per the Supreme Court (Number of Judges) Amendment Act, 2008). Thus, it 
is the Parliament that determines the strength of the Supreme Court, 
organizing jurisdiction (only extend not curtail as per Art. 138) and powers 
of supreme court.
Appointment of Judges
? The Constitution makes it clear that the President shall appoint the Chief Justice 
of India after consultation with such judges of the Supreme Court and of High 
Courts as he may deem necessary. And in the case of the appointment of other 
judges of the Supreme Court, consultation with the Chief Justice, in addition to 
judges is obligatory. 
? The ambiguity in Constitution led to attempts by executive to create ‘committed 
judiciary’ with Justice AN Ray superseding 3 senior most judges in 1973 and 
Justice Beg superseding HR Khanna in 1977. Despite controversies, in the First 
Judges case (1982), the Court held that consultation does not mean concurrence. 
? The second Judges case (1993) laid down foundations for increased Judicial 
autonomy in case of appointments. It was finally the third judges case (1998) that 
established the Collegium which required that the CJI consult a collegium of four 
seniormost judges of the Supreme Court and even if two judges give an adverse 
opinion, he should not send the recommendation to the government. The court 
held that the recommendation made by the chief justice of India without 
complying with the norms and requirements of the consultation process are not 
binding on the government.
Page 5


Supreme Court
Indian Polity
History of Indian Judiciary
? Indian judiciary is a single integrated system of courts for the union as well as the states,
which administers both the union and state laws, and at the head of the entire system
stands the Supreme Court of India.
? With the advent of the British colonial administration, India witnessed a judicial system
introduced on the basis of Anglo-Saxon jurisprudence. The Regulating Act of 1773
established for the first time the Supreme Court of India in Calcutta, consisting of the
Chief Justice and three judges (later reduced to two) appointed by the Crown acting as
King’s court and not East India Company’s court. Later, Supreme Courts were established
in Madras and Bombay.
? In this period the judicial system had two distinct systems of courts, the English system of
Royal Courts, which followed the English law and procedure in the presidencies and the
Indian system of Adalat/Sadr courts, which followed the Regulation laws and Personal
laws in the provinces. Under the High Court Act of 1861, these two systems were
merged, replacing the Supreme Courts and the native courts (Sadr Dewani Adalat and
Sadr Nizamat Adalat) in the presidency towns of Calcutta, Bombay and Madras with High
Courts.
? The highest court of appeal was the judicial committee of the Privy Council. The
Government of India Act of 1935 set up the Federal Court of India to act as an
intermediate appellant between High courts and the Privy Council. The Federal Court
continued to function till 26th January 1950, when independent India’s Constitution
came into force.
Organisation of Supreme Court
? During the working of the Constituent Assembly, Sapru Committee Report 
on judiciary and the Constituent Assembly’s ad hoc committee on the 
Supreme Court report formed the bulk of the guidelines for judiciary.
? Ambedkar was perhaps the greatest apostle in the Assembly of what he 
described as ‘one single integrated judiciary having jurisdiction and providing 
remedies in all cases arising under the Constitutional law , the Civil, or the 
criminal law , essential to maintain the unity of the country’.
? The Supreme Court of India was inaugurated on January 28, 1950 and 
replaced the Federal Court. Its jurisdiction was greater as it also replaced the 
Privy Council. It is the apex court and the highest court of appeal in the 
country. 
? The current strength of Supreme Court is 24 as against the sanctioned 31 (as 
per the Supreme Court (Number of Judges) Amendment Act, 2008). Thus, it 
is the Parliament that determines the strength of the Supreme Court, 
organizing jurisdiction (only extend not curtail as per Art. 138) and powers 
of supreme court.
Appointment of Judges
? The Constitution makes it clear that the President shall appoint the Chief Justice 
of India after consultation with such judges of the Supreme Court and of High 
Courts as he may deem necessary. And in the case of the appointment of other 
judges of the Supreme Court, consultation with the Chief Justice, in addition to 
judges is obligatory. 
? The ambiguity in Constitution led to attempts by executive to create ‘committed 
judiciary’ with Justice AN Ray superseding 3 senior most judges in 1973 and 
Justice Beg superseding HR Khanna in 1977. Despite controversies, in the First 
Judges case (1982), the Court held that consultation does not mean concurrence. 
? The second Judges case (1993) laid down foundations for increased Judicial 
autonomy in case of appointments. It was finally the third judges case (1998) that 
established the Collegium which required that the CJI consult a collegium of four 
seniormost judges of the Supreme Court and even if two judges give an adverse 
opinion, he should not send the recommendation to the government. The court 
held that the recommendation made by the chief justice of India without 
complying with the norms and requirements of the consultation process are not 
binding on the government.
Other details
? Qualifications of Judges 
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 High Court (or High Courts in 
succession) for ten years; or (c) He should be a distinguished jurist in the opinion of the 
president.
? Tenure of Judges The Constitution has not fixed the tenure of a judge of the 
Supreme Court.
? However, it makes the following three provisions in this regard:
1. He holds office until he attains the age of 65 years. Any question regarding his age is to 
be determined by such authority and in such manner as provided by Parliament.
2. He can resign his office by writing to the president.
3. He can be removed from his office by the President on the recommendation of the 
Parliament.