Judiciary

📚 This topic overlaps across exams — read our in-depth, shared write-up: Fundamental Rights (Articles 12–35) →

📖 A single, integrated system

Unlike the US, India has one integrated judicial system — the same hierarchy of courts enforces both Union and State laws. At the apex is the Supreme Court (Articles 124-147), below it the High Courts (Articles 214-231) in each state or group of states, and then subordinate/district courts.

🔍 Judicial review

Courts have the power to examine the constitutionality of legislative and executive action, and strike down anything that violates the Constitution — rooted in Article 13 (laws inconsistent with Fundamental Rights are void) and enforced via Article 32 (Supreme Court) and Article 226 (High Courts).

⚖️ Jurisdiction of the Supreme Court

Original jurisdiction (Art 131) — disputes between the Union and States, or between States.
Writ jurisdiction (Art 32) — for enforcement of Fundamental Rights.
Appellate jurisdiction — in constitutional, civil and criminal matters.
Advisory jurisdiction (Art 143) — opinion sought by the President on questions of law or fact.

👨‍⚖️ How judges are appointed — the collegium system

Interestingly, the word "collegium" appears nowhere in the Constitution. It evolved through a series of Supreme Court judgments (the "Judges Cases," especially the Second and Third Judges Cases in the 1990s), under which a panel of senior judges, led by the Chief Justice of India, recommends appointments and transfers. In 2015, Parliament's attempt to replace this with a National Judicial Appointments Commission (NJAC) was struck down by the Supreme Court as unconstitutional, restoring the collegium system.

💡 Key Facts

India has a single, integrated judicial system, unlike the US's dual system.
Article 226 (High Courts) is wider than Article 32 (Supreme Court) — it covers any legal right, not just Fundamental Rights.
The collegium system is judge-made, not written in the Constitution's text.
The NJAC, meant to replace the collegium, was struck down as unconstitutional in 2015.

🔖 60-Second Revision

Single integrated judiciary: Supreme Court → High Courts → subordinate courts.
Judicial review rooted in Article 13, enforced via Art 32 (SC) and Art 226 (HC).
SC jurisdiction: original (Art 131), writ (Art 32), appellate, advisory (Art 143).
Collegium system evolved via Judges Cases, not the Constitution's original text.
NJAC (2014) struck down in 2015 — collegium system restored.