📄 From your Polity Notes PDF
⚖️ 1. Overview: One Integrated Judicial System
India runs a single, integrated system of courts — Supreme Court, High Courts, and subordinate courts — inherited from the Government of India Act, 1935, enforcing both Union and State law through the same hierarchy (unlike, say, the US's separate federal and state court systems).
| High Court | Supreme Court |
|---|
| Established at various dates from 1862 (Calcutta, Bombay, Madras); Allahabad HC followed in 1866. | Inaugurated 28 January 1950. |
| Governing Articles: 214–231 (Part VI, Chapter 34). | Governing Articles: 124–147 (Part V, Chapter 26). |
| 25 High Courts in India; the Constitution does not fix HC strength — the President sets it based on workload. | 34 judges (33 + the CJI), raised to this level by the Supreme Court (Number of Judges) Amendment Act, 2019. |
| Principal seat typically in the state capital; circuit/permanent benches elsewhere. | Delhi (the CJI may appoint other seats/sittings, but only with the President's consent). |
- The Supreme Court did not merely succeed the pre-independence Federal Court of India — it also took over the role once played for India by the British Privy Council, as the highest court of appeal.
- Sanctioned strength has grown steadily: 8 judges originally → 10 (1956) → 13 (1960) → 17 (1977) → 25 (1986) → 30 (2008) → 33 (2019, 34 incl. CJI).
- Bench strength for hearings: ordinarily a single judge or 3-judge bench, but the advisory jurisdiction under Art. 143 requires a bench of at least 5 judges.
- High Courts first appeared in 1862 (Calcutta, Bombay, Madras); a fourth, Allahabad, followed in 1866. Since 1950 the Constitution provides for a High Court in every State, but the 7th CAA, 1956 allows a common High Court for two or more States. Of 25 today, 8 are common High Courts; Delhi is the only UT with its own; J&K and Ladakh jointly share one.
👨⚖️ 2. Appointment of Judges: The Collegium Story
SC judges are appointed by the President after consulting the CJI and other SC/HC judges as needed. HC judges are appointed by the President after consulting the CJI, the State Governor, and (for non-Chief-Justice judges) that HC's Chief Justice.
| Case | Holding |
|---|
| First Judges Case (1982) | 'Consultation' with the CJI does not mean 'concurrence' — the President could differ from the CJI's advice. |
| Second Judges Case (1993) | Reversed this: the CJI's recommendation, made with the two senior-most SC judges, is binding — birth of the collegium system. Also held the senior-most judge should ordinarily become CJI. |
| Third Judges Case (1998) | Expanded the collegium to the CJI plus the four senior-most SC judges; a recommendation made without required consultation isn't binding on the government. |
| Fourth Judges Case (2015) | Struck down the NJAC and the 99th Amendment as unconstitutional, holding they threatened judicial independence — the collegium was restored. |
The NJAC Act briefly replaced the collegium in 2014, only for the Fourth Judges Case (2015) to void it the following year.
Appointment of the CJI: by convention the senior-most SC judge is appointed — departed from twice: A.N. Ray (1973) and M.U. Beg (1977), both superseding more senior colleagues. The Second Judges Case (1993) held the seniority convention should be followed, restoring the practice that had prevailed 1950–1973.
🎓 3. Qualifications & Oath
| High Court | Supreme Court |
|---|
| Citizen of India. | Citizen of India. |
| Held judicial office in India for 10 years; OR been an HC advocate (or in 2+ HCs in succession) for 10 years. | Been an HC judge (or 2+ in succession) for 5 years; OR an HC advocate for 10 years; OR, in the President's opinion, a distinguished jurist. |
| No minimum age specified in the Constitution. | No minimum age specified in the Constitution. |
| Oath administered by the Governor (or a person the Governor appoints). | Oath administered by the President (or a person the President appoints). |
| Oath content: true faith and allegiance to the Constitution; uphold India's sovereignty and integrity; perform duties without fear or favour. | Identical oath content. |
⏳ 4. Tenure, Resignation & Retirement
| High Court | Supreme Court |
|---|
| Retirement age: 62 years. | Retirement age: 65 years (no other fixed tenure). |
| Resignation by letter to the President. | Resignation by letter to the President. |
| Removal by the President, on Parliament's recommendation. | Removal by the President, on Parliament's recommendation. |
| Office also falls vacant on appointment as an SC judge, or as Chief Justice of another HC. | — |
🚫 5. Removal of Judges
Grounds are identical for HC and SC judges: proved misbehaviour or incapacity. The President can order removal only after both Houses pass an address by special majority. The Judges (Inquiry) Act, 1968 lays down the detailed procedure.
The Removal ("Impeachment") Procedure
- Motion signed by at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs.
- Speaker/Chairman admits or refuses the motion.
- If admitted: a 3-member committee (an SC judge/CJI + an HC Chief Justice + a jurist) investigates.
- If found guilty, the House(s) take up the motion.
- Passed by both Houses with special majority.
- Presented to the President, who orders removal.
No judge has ever been removed under this procedure. The best-known case — Justice V. Ramaswami (1991–93) — saw the inquiry committee find guilt, but the removal motion was defeated in the Lok Sabha (several MPs abstained).
💰 6. Salary, Allowances & Pension
| High Court | Supreme Court |
|---|
| Determined by the President; cannot change after appointment except during a Financial Emergency. | Determined by the President; cannot change after appointment except during a Financial Emergency. |
| Charged on the Consolidated Fund of the State (non-votable — Parliament can discuss but not vote, except during impeachment). | Charged on the Consolidated Fund of India (non-votable, same exception). |
| 2018 revision (w.e.f. Jan 2016): Chief Justice ₹2,50,000; Judges ₹2,25,000 (up from ₹90,000 / ₹80,000). | Chief Justice of India ₹2,80,000; Judges ₹2,50,000 (up from ₹1,00,000 / ₹90,000). |
| Pension: 50% of last drawn salary. | Pension: 50% of last drawn salary. |
🔄 7. Transfer of High Court Judges
- The President may transfer a judge between High Courts after consulting the CJI.
- A transferred judge gets additional compensation and allowances, as the President decides.
- Transfers must be in the public interest, never punitive — affirmed in 1977 (transfers shouldn't be punitive) and 1994 (judicial review is mandatory wherever a transfer is made — Third Judges Case).
- Judicial review checks arbitrariness — but only the transferred judge may challenge the order.
👥 8. Additional, Acting, Ad-hoc & Retired Judges
High Courts: the President may appoint an additional HC judge for up to 2 years for a temporary workload increase; may also appoint an acting judge, or an Acting Chief Justice (who cannot be a sitting SC judge).
Supreme Court: the CJI may appoint an Acting CJI when the office is vacant or the CJI is unavailable. An ad hoc judge — an HC judge sitting temporarily at the SC — needs consultation with that HC's Chief Justice and the President's consent. A retired SC/HC judge may similarly be asked to serve temporarily, with the President's consent, drawing allowances the President decides and enjoying the same privileges as a sitting SC judge.
🛡️ 9. Independence of the Judiciary
| High Court | Supreme Court |
|---|
| Does not hold office 'during the pleasure' of the appointing authority, despite being appointed by the President. | Same protection. |
| Salary/allowances cannot be varied to a judge's disadvantage after appointment (except Financial Emergency). | Same protection. |
| Expenses charged on the Consolidated Fund — non-votable. | Same protection. |
| Conduct cannot be discussed in the Legislature except during removal proceedings. | Same protection, in Parliament. |
| May not plead/act in the same HC or any subordinate authority after retiring — but may practise in the SC and other HCs. | Barred from pleading/acting in any court or authority in India, after retiring. |
| Power to punish for contempt of itself. | Power to punish for contempt of itself, and of HCs (not village/Nyaya Panchayats). |
| Freedom to appoint own staff, without executive interference. | Same freedom. |
| Jurisdiction cannot be curtailed by Parliament or a State Legislature. | Jurisdiction cannot be curtailed by Parliament or any State Legislature. |
| Separation from the executive is constitutionally mandated. | Same mandate. |
📂 10. Jurisdiction & Powers (I): Original Jurisdiction
High Court: covers wills, marriage, divorce, company law, contempt of court, election of MPs/MLAs, revenue matters, enforcement of Fundamental Rights, and cases transferred from a subordinate court. Governed by a mix of constitutional provisions, colonial-era Letters Patent, and Acts (IPC 1860, CrPC 1973, CPC 1908). Historically, Calcutta, Bombay, Madras and Delhi held original civil jurisdiction; withdrawn from the three Presidency HCs by the CPC (Amendment) Act, 1973.
Supreme Court: exclusive original jurisdiction over disputes between the Centre and one or more States; the Centre and States on one side vs other States; and States against each other — limited to disputes involving a legal-right question, and excluding private-citizen suits against the Centre/States. Doesn't extend to pre-Constitution treaty disputes, Finance Commission references, or ordinary inter-state commercial recovery. First such suit: West Bengal v. Union of India, challenging the Coal Bearing Areas (Acquisition and Development) Act, 1957.
📝 11. Jurisdiction & Powers (II): Writ Jurisdiction
| Aspect (High Court) | Aspect (Supreme Court) |
|---|
| Article 226. | Article 32. |
| May issue writs both for Fundamental Rights AND any other purpose. | May issue writs ONLY for enforcement of Fundamental Rights. |
| Concurrent with, not exclusive of, the Supreme Court's Art. 32 jurisdiction. | Concurrent with, not exclusive of, a High Court's Art. 226 jurisdiction. |
| Cannot be curtailed even by constitutional amendment — L. Chandra Kumar (1997). | Same holding applies. |
The Five Writs
- Habeas Corpus — "to have the body"; produce a detained person before the court.
- Mandamus — a command when a public authority fails/is unable to perform a duty.
- Prohibition — preventive; stops a lower court/tribunal exceeding its jurisdiction.
- Quo Warranto — "by what warrant"; challenges a person's right to hold public office.
- Certiorari — "to be informed"; a higher court calls up and can quash a lower court/tribunal's record or order.
📑 12. Jurisdiction & Powers (III): Appellate Jurisdiction
High Court: hears appeals against subordinate court judgments; appellate jurisdiction is wider than original. Civil litigants cannot go directly to the SC without first approaching the HC. Criminal appeals from Sessions Judges, Metropolitan Magistrates and other subordinate criminal courts lie with the HC.
| Category | Detail |
|---|
| Constitutional matters | No monetary/other threshold — any case with a substantial constitutional-interpretation question may be appealed. |
| Civil matters | Originally restricted above a ₹20,000 threshold; the 30th CAA, 1972 removed any monetary limit. |
| Criminal matters | Appeals lie against specified categories of HC judgments. |
| Appeal by special leave (Art. 136) | A discretionary power letting the SC grant leave to appeal from virtually any court/tribunal — exceptionally wide in scope. |
💬 13. Jurisdiction & Powers (IV): Advisory & Supervisory
Supreme Court's Advisory Jurisdiction (Art. 143): the President may refer any question of law, or a pre-Constitution treaty dispute, for the Court's opinion. The Court may or may not answer, and even then its opinion is advisory only, not binding. Fifteen references have been made under this power so far.
High Court's Supervisory Jurisdiction: revisional in character, extending over all courts and tribunals within its territory, covering both administrative and judicial matters.
Supreme Court's Judicial Superintendence: decides election disputes of the President/VP; enquires into the conduct of the UPSC Chairman/members; reviews its own judgments (e.g. Kesavananda Bharati, Golaknath, Triple Talaq — invoking waiver, severability, prospective overruling); may transfer a case between High Courts; its law binds all courts, making it the ultimate interpreter of the Constitution.
📚 14. Court of Record, Contempt Power & Judicial Review
| High Court | Supreme Court |
|---|
| Judgments/proceedings/acts recorded for perpetual memory and testimony, recognised as legal reference. | Same, for the Supreme Court. |
| Power to punish for contempt, of itself. | Power to punish for contempt of itself, and of High Courts (not village/Nyaya Panchayat courts). |
| Contempt of Courts Act, 1971 gave contempt its statutory definition — drafted by H.N. Sanyal (then Solicitor General); committee set up 1961, reported 1963. Splits contempt into civil and criminal. | Same Act applies. |
| Judicial review specified in Arts. 13 & 226; strengthened by the 42nd Amendment, 1976. | Examines constitutionality of legislative/executive orders of both State and Central government; unconstitutional orders are declared void. |
🏛️ 15. High Court's Control Over Subordinate Courts
- The Governor must consult the High Court on appointment, posting and promotion of district judges and judicial service members.
- A pending subordinate-court case can, on the HC's direction, be disposed of by that court or transferred elsewhere.
- The HC's law binds all subordinate courts within its jurisdiction.
⚖️ 16. Supreme Court Advocates
| Category | Rights of Audience |
|---|
| Senior Advocate | Not entitled to appear without an Advocate-on-Record at the SC, or without a junior elsewhere in India. |
| Advocate-on-Record | Entitled to file any matter/document at the SC on a party's behalf — only this category may formally file. |
| Other Advocates | Registered on a State Bar Council roll (Advocates Act, 1961). Cannot file directly at the SC, but may appear and argue once a matter is on file. |
♻️ 17. Review & Curative Jurisdiction (Supreme Court)
- The SC can review any of its own judgments.
- A review petition must be filed within 30 days, placed before the same judge/bench that delivered the original decision.
- Grounds: new evidence discovered, an error apparent on the record, or other sufficient reason.
- Even a dismissed review petition isn't necessarily final — it can be reconsidered through a subsequent curative petition, the Court's last-resort remedy against a miscarriage of justice.
⚡ 18. Quick Revision Snapshot
| High Court | Supreme Court |
|---|
| Articles: 214–231 | Articles: 124–147 |
| Retirement age: 62 years | Retirement age: 65 years |
| Removal grounds: proved misbehaviour or incapacity | Removal grounds: proved misbehaviour or incapacity |
| Removal precedent: none removed to date | Removal precedent: none removed to date (V. Ramaswami motion defeated, 1993) |
| Writ jurisdiction: Art. 226 — FRs + other purposes | Writ jurisdiction: Art. 32 — FRs only |
| Present strength: 25 High Courts (8 common to 2+ States/UTs); strength fixed by the President | Present strength: 34 judges (33 + CJI), since the 2019 Amendment Act |
| Landmark appointment cases: 1st (1982), 2nd (1993), 3rd (1998), 4th (2015) Judges Cases | Same cases govern SC appointments |
| 2018 salary: CJ ₹2.5 lakh/month; Judges ₹2.25 lakh/month | 2018 salary: CJI ₹2.8 lakh/month; Judges ₹2.5 lakh/month |
🎯 Exam Angle
The four Judges Cases (1982, 1993, 1998, 2015) are Prelims gold — know which one created the collegium, which expanded it, and which struck down the NJAC. Mains rewards contrasting Art. 32 (SC, FRs only) with Art. 226 (HC, FRs + any other purpose) — a classic "why can a High Court do more than the Supreme Court in one specific respect" question.
