| Article | Provision |
|---|---|
| Art. 124 | Establishment and Constitution of Supreme Court - 1 CJI + max 33 other judges (amended by Constitution 99th Amendment Act, 2014) |
| Art. 124(2) | Appointment by President after consultation with judges of SC and HC as President deems necessary |
| Art. 124(3) | Qualifications: (a) citizen of India (b) judge of HC for 5 years or (c) advocate of HC for 10 years or (d) distinguished jurist in opinion of President |
| Art. 124(4) | Removal by President on address by both Houses of Parliament on grounds of proved misbehavior or incapacity |
| Art. 124(7) | Retirement age: 65 years |
| Art. 125 | Salaries and allowances - cannot be varied to disadvantage during continuance in office |
| Art. 126 | Appointment of Acting Chief Justice |
| Art. 127 | Appointment of ad-hoc judges |
| Art. 128 | Attendance of retired judges at sittings of Supreme Court |
| Art. 129 | Supreme Court as court of record with power to punish for contempt of itself |
| Art. 130 | Seat of Supreme Court at Delhi |
| Art. 131 | Original jurisdiction - disputes between Government of India and States |
| Art. 131A | Omitted by 7th Amendment Act, 1956 |
| Art. 132 | Appellate jurisdiction - constitutional matters involving substantial question of law |
| Art. 133 | Appellate jurisdiction - civil matters where HC certifies case involves substantial question of law of general importance |
| Art. 134 | Appellate jurisdiction - criminal matters where HC has reversed acquittal and sentenced to death or withdrawn case from subordinate court and convicted with death sentence or certified case as fit for appeal |
| Art. 134A | Certificate for appeal or grant of leave to appeal by Supreme Court |
| Art. 135 | Jurisdiction and powers with respect to existing law until provided otherwise |
| Art. 136 | Special Leave Petition - discretionary jurisdiction to grant special leave from any judgment, decree, determination, sentence or order by any court or tribunal except Armed Forces tribunals |
| Art. 137 | Review of its own judgments or orders |
| Art. 138 | Enlargement of Supreme Court jurisdiction |
| Art. 139 | Power to issue certain writs for enforcement of rights conferred by Part III |
| Art. 139A | Transfer of cases from one High Court to another or from High Court to Supreme Court |
| Art. 140 | Ancillary powers of Supreme Court |
| Art. 141 | Law declared by Supreme Court binding on all courts within territory of India |
| Art. 142 | Enforcement of decrees and orders and power to pass orders necessary for doing complete justice |
| Art. 143 | Advisory jurisdiction - President may seek opinion on question of law or fact of public importance |
| Art. 144 | Civil and judicial authorities to act in aid of Supreme Court |
| Art. 145 | Rules of Court and minimum number of judges for deciding cases |
| Art. 146 | Officers and servants and expenses of Supreme Court |
| Art. 147 | Interpretation of provisions relating to Supreme Court |
| Case | Principle |
|---|---|
| First Judges Case (S.P. Gupta v. Union of India, 1981) | Consultation does not mean concurrence; primacy of executive in judicial appointments; CJI's opinion has greatest weight but not binding |
| Second Judges Case (Supreme Court Advocates-on-Record Association v. Union of India, 1993) | Established Collegium system; primacy of CJI; consultation means concurrence; CJI must consult 2 senior-most judges |
| Third Judges Case (In Re Presidential Reference, 1998) | Expanded Collegium to CJI + 4 senior-most judges; recommendation must have majority agreement |
| Fourth Judges Case (Supreme Court Advocates-on-Record Association v. Union of India, 2015) | Struck down National Judicial Appointments Commission (99th Amendment and NJAC Act) as violating basic structure; reaffirmed Collegium system with need for reforms |
| Type | Provision |
|---|---|
| Constitutional Matters (Art. 132) | Appeal lies if HC certifies case involves substantial question of law of general importance as to interpretation of Constitution and such question needs SC determination |
| Civil Matters (Art. 133) | Appeal lies if HC certifies: (a) case involves substantial question of law of general importance (b) in opinion of HC, question needs SC decision |
| Criminal Matters (Art. 134) | Appeal lies if HC: (a) reversed acquittal and sentenced to death (b) withdrawn case from subordinate court and convicted with death (c) certified case as fit for appeal |
| Power | Description |
|---|---|
| Court of Record (Art. 129) | Proceedings recorded for perpetual memory and testimony; records have evidentiary value; power to punish for contempt |
| Review (Art. 137) | Power to review any judgment or order; grounds: error apparent on face of record, new evidence, violation of principles of natural justice |
| Writs (Art. 32 & 139) | Power to issue writs for enforcement of Fundamental Rights; can issue directions, orders, writs including habeas corpus, mandamus, prohibition, quo warranto, certiorari |
| Complete Justice (Art. 142) | Power to pass such decree or order as necessary for doing complete justice; not confined to jurisdiction under substantive law; cannot violate statutory provisions or constitutional mandates |
| Contempt (Art. 129) | Power to punish for contempt of itself; civil contempt (willful disobedience) and criminal contempt (scandalizing court, interference with judicial process) |
| Transfer (Art. 139A) | Power to transfer cases from one HC to another or from HC to SC if substantial question of law of general importance arises |
| Article | Provision |
|---|---|
| Art. 214 | High Court for each State (Parliament may establish common HC for two or more States or State and UT) |
| Art. 215 | Every High Court is court of record with power to punish for contempt of itself |
| Art. 216 | Constitution of High Courts - consists of Chief Justice and such other judges as President prescribes |
| Art. 217 | Appointment and conditions of office of HC judge |
| Art. 217(1) | Appointment by President after consultation with CJI, Governor of State, and Chief Justice of HC |
| Art. 217(2) | Retirement age: 62 years |
| Art. 217(3) | Qualifications: (a) citizen of India (b) held judicial office in India for 10 years or (c) advocate of HC for 10 years |
| Art. 218 | Application of certain provisions relating to SC judges to HC judges |
| Art. 219 | HC judge to take oath before Governor or person designated by Governor |
| Art. 220 | Restriction on practice after being permanent judge |
| Art. 221 | Salaries of HC judges - cannot be varied to disadvantage during continuance in office |
| Art. 222 | Transfer of HC judge from one HC to another by President after consultation with CJI |
| Art. 223 | Appointment of Acting Chief Justice |
| Art. 224 | Appointment of additional and acting judges |
| Art. 224A | Appointment of retired judges at sittings of High Courts |
| Art. 225 | Jurisdiction of existing High Courts |
| Art. 226 | Power to issue writs for enforcement of Fundamental Rights and for any other purpose |
| Art. 226A | Constitutional validity of Central laws not to be considered by HC consisting of less than Division Bench |
| Art. 227 | Power of superintendence over all courts and tribunals in territory |
| Art. 228 | Transfer of certain cases to High Court (repealed by Constitution 42nd Amendment, 1976) |
| Art. 229 | Officers and servants and expenses of High Courts |
| Art. 230 | Extension of jurisdiction of High Courts to Union Territories |
| Art. 231 | Establishment of common High Court for two or more States |
| Aspect | Art. 32 (Supreme Court) |
|---|---|
| Scope | Only for enforcement of Fundamental Rights |
| Nature | Guaranteed Fundamental Right itself |
| Alternative Remedy | Not a bar to Art. 32 petition |
| Appealability | No appeal from SC order |
| Aspect | Art. 226 (High Court) |
|---|---|
| Scope | For Fundamental Rights and any other purpose |
| Nature | Constitutional power but not Fundamental Right |
| Alternative Remedy | HC may refuse if adequate alternative remedy available |
| Appealability | Appeal lies to Supreme Court |
| Writ | Purpose & Key Features |
|---|---|
| Habeas Corpus | Produce the body; challenges unlawful detention; most important writ for personal liberty; burden on detaining authority to justify detention |
| Mandamus | Command to do; issued against public authority to perform public duty; not available against private persons or President/Governor |
| Prohibition | Issued by superior court to inferior court or tribunal to prevent excess of jurisdiction or acting contrary to law; issued during pendency of proceedings |
| Certiorari | To be certified; issued to quash order of inferior court or tribunal; issued after order passed; grounds: excess of jurisdiction, violation of natural justice, error of law apparent on face of record |
| Quo Warranto | By what authority; challenges person's right to hold public office; must be substantive public office, not ministerial position |
| Type | Scope |
|---|---|
| Judicial Review of Constitutional Amendments | Parliament's constituent power subject to basic structure doctrine; amendment violating basic structure can be struck down |
| Judicial Review of Legislation | Examination of validity on grounds of: (a) legislative competence (b) violation of Fundamental Rights (c) violation of other constitutional provisions |
| Judicial Review of Administrative Action | Examination on grounds of: (a) violation of Fundamental Rights (b) ultra vires (c) unreasonableness (d) procedural impropriety (e) irrationality (f) proportionality |
| Ground | Description |
|---|---|
| Legislative Competence | Whether legislature had power to enact law under distribution of powers (VII Schedule); doctrine of pith and substance, occupied field, repugnancy, colorable legislation applied |
| Fundamental Rights Violation | Whether law violates Part III; Art. 13 declares laws inconsistent with Fundamental Rights void to extent of inconsistency |
| Constitutional Mandate Violation | Whether law violates other constitutional provisions including DPSP where expressly made enforceable |
| Manifest Arbitrariness | After Shayara Bano v. Union of India (2017), manifest arbitrariness is ground for striking down legislation under Art. 14 |
| Ground | Description |
|---|---|
| Illegality | Action beyond powers conferred by statute or Constitution; ultra vires parent statute |
| Irrationality | Wednesbury unreasonableness; decision so unreasonable that no reasonable authority would have arrived at it |
| Procedural Impropriety | Violation of principles of natural justice; failure to follow prescribed procedure; bias or reasonable apprehension of bias |
| Proportionality | Action must be proportionate to object sought; excessive or unnecessary action can be struck down |
| Legitimate Expectation | If policy or practice creates legitimate expectation, cannot be changed arbitrarily without giving opportunity of hearing |
| Malafides | Action taken in bad faith or for extraneous considerations |
| Doctrine | Description |
|---|---|
| Pith and Substance | Examines true character and nature of legislation; if pith falls within competence, incidental encroachment on another list permissible |
| Colorable Legislation | Legislature cannot do indirectly what it cannot do directly; form may be within competence but substance beyond competence |
| Occupied Field | If Parliament exhaustively legislates on Concurrent List subject, State cannot legislate on same matter |
| Repugnancy (Art. 254) | If State law on Concurrent List repugnant to Central law, Central law prevails unless State law reserved for President's assent |
| Severability | Invalid part of statute can be severed if separable from valid part and remaining part self-sustaining |
| Eclipse | Pre-Constitution law inconsistent with Fundamental Rights not void but eclipsed; revives if inconsistency removed by constitutional amendment |
| Harmonious Construction | Constitutional provisions should be interpreted to avoid conflict; each provision given effect |
| Reading Down | Narrow interpretation of statute to save it from constitutional invalidity |
| Limitation | Description |
|---|---|
| No Review of Legislative Wisdom | Courts cannot question wisdom, policy or propriety of legislation; only examine constitutional validity |
| Presumption of Constitutionality | Every law presumed constitutional until proved otherwise; burden on challenger |
| Political Questions | Courts generally avoid deciding political questions but no absolute bar in India |
| Judicial Restraint | Courts exercise self-restraint in reviewing policy matters unless clear constitutional violation |
| Limitation Periods | Delay and laches may bar relief under Art. 226; no limitation for Art. 32 |
| Case | Principle |
|---|---|
| A.K. Gopalan v. State of Madras (1950) | Narrow interpretation of Art. 21; each Article in Part III mutually exclusive; preventive detention law upheld |
| Golaknath v. State of Punjab (1967) | Parliament cannot abridge Fundamental Rights even by constitutional amendment; Art. 368 only procedural; overruled in Kesavananda Bharati |
| Kesavananda Bharati v. State of Kerala (1973) | Basic structure doctrine established; Parliament can amend any part including Fundamental Rights but cannot destroy basic structure |
| Minerva Mills v. Union of India (1980) | Reaffirmed basic structure; struck down Cls. (4) & (5) of Art. 368 inserted by 42nd Amendment giving unlimited amending power |
| Maneka Gandhi v. Union of India (1978) | Expanded Art. 21; procedure must be just, fair and reasonable; interconnection between Arts. 14, 19 & 21 recognized |
| Indra Sawhney v. Union of India (1992) | Upheld 27% OBC reservation; total reservation cannot exceed 50%; creamy layer to be excluded; reservation in promotions not Fundamental Right |
| I.R. Coelho v. State of Tamil Nadu (2007) | Laws in IX Schedule not immune from judicial review if violate basic structure; test of post-Kesavananda validity applied |
| Traditional Rule | PIL Exception |
|---|---|
| Only aggrieved person with personal interest can file writ petition | Any member of public acting bonafide can maintain action for public injury |
| Legal injury to petitioner required | Sufficient if public interest or rights of disadvantaged class affected |
| Strict requirement of personal harm | Representative standing allowed for those unable to approach court due to poverty, disability, socially or economically disadvantaged position |
| Case | Significance |
|---|---|
| Hussainara Khatoon v. State of Bihar (1979) | Undertrials in Bihar jails; right to speedy trial under Art. 21; epistolary jurisdiction accepted |
| S.P. Gupta v. Union of India (1981) | Relaxed locus standi rule; any public-spirited person can invoke writ jurisdiction for redress of public wrong or public injury |
| Bandhua Mukti Morcha v. Union of India (1984) | Bonded labor in stone quarries; Art. 21 includes right to live with human dignity; State's duty to ensure minimum wages and working conditions |
| M.C. Mehta v. Union of India (Oleum Gas Leak Case, 1986) | Absolute liability for hazardous industries; no exceptions; polluter pays principle; environment protection as Art. 21 right |
| Vishaka v. State of Rajasthan (1997) | Sexual harassment at workplace; laid down Vishaka Guidelines until legislation enacted; judicial legislation justified in absence of statutory law |
| PUCL v. Union of India (2003) | Right to food; directed universalization of mid-day meal scheme; continuing mandamus issued for monitoring implementation |
| Sheela Barse v. State of Maharashtra (1983) | Rights of women prisoners; directed separation of women prisoners from men; women police to guard women prisoners |
| Upendra Baxi v. State of UP (1983) | Inhuman conditions in protective homes; Art. 21 guarantees decent conditions for persons in custody |
| Concern | Description |
|---|---|
| Misuse and Abuse | Busybodies and meddlesome interlopers filing frivolous PILs; private vendetta disguised as public interest; publicity interest litigation |
| Judicial Overreach | Courts making policy decisions invading executive and legislative domain; separation of powers concerns |
| Lack of Expertise | Courts lack expertise in complex policy matters like economic policy, environment, urban planning |
| Pendency and Delay | Regular cases delayed due to PILs; court resources diverted |
| Selective Application | PIL entertained selectively; lack of consistent criteria |
| Implementation Challenges | Court orders not implemented; lack of monitoring mechanism; continuing mandamus burden on courts |
| Principle | Description |
|---|---|
| Bonafides | Petitioner must act in good faith for public interest; not for personal gain or publicity or settling scores |
| Public Interest | Must involve genuine public interest; not private grievance dressed as PIL |
| Disadvantaged Sections | Primary purpose to help those unable to approach court themselves due to poverty, ignorance, socio-economic disadvantage |
| Court's Discretion | PIL is discretionary remedy; court may refuse if more appropriate forum available or matter requires detailed evidence |
| Adversarial Process | Though relaxed procedure, basic principles of fair hearing and natural justice apply; respondents must have opportunity to contest |
| Alternative Remedy | Bar of alternative remedy less stringent in genuine PIL but court may direct petitioner to statutory remedy if more appropriate |
| Type | Definition |
|---|---|
| Civil Contempt (Sec. 2(b)) | Willful disobedience of any judgment, decree, direction, order, writ or other process of court; willful breach of undertaking given to court |
| Criminal Contempt (Sec. 2(c)) | Publication of any matter or doing of any act which: (i) scandalizes or lowers authority of court (ii) prejudices or interferes with judicial proceedings (iii) interferes or obstructs administration of justice in any other manner |
| Defense/Exception | Provision |
|---|---|
| Truth as Defense (Sec. 13) | Truth can be pleaded as valid defense if made in public interest and court satisfied it was for public interest |
| Fair and Accurate Report (Sec. 4) | Fair and accurate report of judicial proceedings not contempt unless court prohibits publication |
| Fair Comment on Merits (Sec. 5) | Fair criticism of judicial act not contempt; but scandalizing or lowering authority is contempt |
| Innocent Publication (Sec. 3) | Publication of matter without knowledge that proceedings pending not contempt if prejudices matter |
| Apology | Unconditional apology may be accepted; discretion of court; does not bar punishment |
| Case | Principle |
|---|---|
| E.M. Sankaran Namboodiripad v. T.N. Nambiar (1970) | Article criticizing judiciary can be contempt; real injury is to public interest; fair criticism allowed but scandalizing court not permitted |
| Prashant Bhushan v. Supreme Court (2020) | Two tweets about judiciary held contempt; nominal fine of Re. 1 imposed; wide discretion in imposing punishment |
| Arundhati Roy v. Union of India (2002) | Held guilty of contempt for statements lowering dignity of court; symbolic sentence imposed |
| C.K. Daphtary v. O.P. Gupta (1971) | Statement that judge showed favoritism is contempt; attack on individual judge is attack on entire judiciary |