Polity & Governance
The Judiciary
GS Paper II
Judiciary — Quick Revision
One-page UPSC revision of the judiciary: Supreme Court and High Court judges, the Judges cases, removal procedure, jurisdictions, and Articles 32 vs 226.
SyllabusGS II · Structure, organisation and functioning of the Executive and the Judiciary
A last-week revision sheet for the Supreme Court (Articles 124–147) and High Courts (Articles 214–231).
Supreme Court vs High Court
| Point | Supreme Court | High Court |
|---|---|---|
| Articles | 124–147 | 214–231 |
| Strength | 33 + CJI (2019 Act) | Fixed by the President for each High Court |
| Appointed by | President, after consulting judges; CJI always consulted | President, after consulting CJI, Governor and the HC Chief Justice |
| Qualifications | 5 yrs HC judge / 10 yrs HC advocate / distinguished jurist | 10 yrs judicial office / 10 yrs HC advocate |
| Oath before | President | Governor |
| Retirement | 65 | 62 (15th Amendment, 1963) |
| Removal | Art 124(4) | Art 218 — same as SC |
| Practice after retirement | Barred in all courts (124(7)) | Allowed in SC and other HCs (220) |
| Writs | Art 32 — FRs only | Art 226 — FRs and “any other purpose” |
| Court of record | Art 129 | Art 215 |
The Judges Cases
| Case | Year | Outcome |
|---|---|---|
| First (S.P. Gupta) | 1981 | Executive primacy |
| Second (SC AoR Association) | 1993 | Collegium of CJI + 2 |
| Third (Special Reference, Art 143) | 1998 | Collegium of CJI + 4 (SC); CJI + 2 (HCs) |
| Fourth (NJAC case) | 2015 | 99th Amendment struck down, 4:1 |
Jurisdiction of the Supreme Court
| Type | Article | Note |
|---|---|---|
| Original | 131 | Centre–State and inter-State disputes; exclusive |
| Writ | 32 | Not exclusive |
| Appellate | 132, 133, 134, 134A | Constitutional, civil, criminal, on certificate |
| Special leave | 136 | Discretionary; not against military tribunals |
| Advisory | 143 | 143(1) may; 143(2) must; not binding |
| Review | 137 | Curative petition — Rupa Ashok Hurra (2002) |
| Complete justice | 142 | — |
| Binding law | 141 | — |
Removal of a Judge
| Step | Rule |
|---|---|
| Motion | 100 Lok Sabha or 50 Rajya Sabha members (Judges (Inquiry) Act, 1968) |
| Inquiry | Three-member committee — SC judge or CJI, HC Chief Justice, distinguished jurist |
| Vote | Each House: majority of total membership + two-thirds present and voting, same session |
| Grounds | Proved misbehaviour or incapacity |
High-yield facts
- No judge has been removed by Parliament so far.
- Constitution benches: at least five judges (Art 145(3)).
- Conduct of judges cannot be discussed in Parliament (Art 121) or State legislatures (Art 211), except on a removal motion.
- 25 High Courts; Calcutta, Bombay and Madras (1862) are the oldest.
Traps
Common confusions
- The collegium is not in the text of the Constitution.
- No “distinguished jurist” route to a High Court.
- Article 226 is wider in scope than Article 32.
- Advisory opinions under 143(1) are not binding.
Related Topics
- Supreme Court and High Courts
- Judiciary — practice questions
- Fundamental Rights — quick revision
- Amendment and the Basic Structure — quick revision
- All quick revision sheets
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