Unit 5 :-   Judiciary 

 5.1 Jurisdiction of Supreme Court

   5.1.1 Original Jurisdiction 

   5.1.2 Appellate Jurisdiction 

   5.1.3 Advisory Jurisdiction

5.2 Special Leave Petition 

5.3 Power of High Courts to issue certain Writs 

5.4 Power of Superintendence 

5.5 Judges- Appointment, removal, transfer and condition of service : judicial independence 

5.6 Judicial Review : Nature and Scope

 

Unit 5: The Judiciary

5.1. Jurisdiction of the Supreme Court

(5.1.1 Original, 5.1.2 Appellate, 5.1.3 Advisory)

Introduction & Definition

The Supreme Court (SC) is the guardian of the Constitution and the highest court of appeal. Its jurisdiction is classified into three broad categories: Original (disputes it hears first), Appellate (appeals from High Courts), and Advisory (consultation by the President).

Statutory Provisions

• Article 124: Establishment of SC.
• Article 131: Original Jurisdiction.
• Articles 132-134: Appellate Jurisdiction.
• Article 143: Advisory Jurisdiction.

5.1.1 Original Jurisdiction (Article 131)

• Definition: Cases that can only start in the Supreme Court, not in any lower court.
• Essential Ingredients: The dispute must involve a question of law or fact on which the existence or extent of a legal right depends.
• Parties:
  • Government of India vs. One or more States.
  • Government of India + State(s) vs. Other State(s).
  • Two or more States vs. each other.
• Exception: It does not extend to pre-Constitutional treaties/agreements (Article 363) or inter-state water disputes (Article 262).

5.1.2 Appellate Jurisdiction (Articles 132, 133, 134)

• Constitutional Matters (Art 132): Appeal lies if HC certifies the case involves a “substantial question of law as to the interpretation of the Constitution.”
• Civil Matters (Art 133): Appeal lies if the case involves a substantial question of law of general importance.
• Criminal Matters (Art 134): Appeal lies if the HC:
  • Has reversed an order of acquittal and sentenced the accused to death.
  • Has withdrawn a case from a lower court and sentenced the accused to death.

5.1.3 Advisory Jurisdiction (Article 143)

• Definition: The President can seek the SC’s opinion on any question of law or fact of public importance.
• Key Feature: The opinion given by the SC is advisory, meaning it is not binding on the President. However, it carries high judicial weight.

Landmark Case Laws

1. State of Karnataka v. Union of India (1978)

• Facts: The Centre appointed a commission to inquire into charges of corruption against the Karnataka CM. The State sued the Centre under Art 131.
• Issue: Is the “State” a distinct entity from the “State Government”?
• Judgment: The SC held the suit was maintainable. Article 131 covers disputes where the legal rights of the State (as a constitutional entity) are affected by the Union.

2. In Re: Special Reference No. 1 of 1998 (Third Judges Case)

• Context: The President used Art 143 to ask the SC to clarify the meaning of “consultation” regarding the appointment of judges.
• Judgment: The SC opined that “consultation” means “concurrence” of a Collegium (CJI + 4 senior-most judges). This established the Collegium System.

Exam-Style Conclusion

The Supreme Court’s jurisdiction is vast, covering federal disputes (Original), final appeals (Appellate), and presidential queries (Advisory). Article 131 acts as the federal glue, resolving friction between the Centre and States, while Article 143 highlights the cooperative relationship between the Executive and Judiciary.

5.2. Special Leave Petition (SLP)

Introduction & Definition

Article 136 gives the Supreme Court a discretionary power to grant “special leave” to appeal against any judgment, decree, or order in any cause or matter passed by any court or tribunal in India (except military tribunals). It is a “residual” power.

Statutory Provisions

• Article 136: Special leave to appeal by the Supreme Court.

Essential Ingredients

• Discretionary: It is not a “right” of the litigant; it is a privilege granted by the SC.
• Plenary Power: Can be granted against any court/tribunal (e.g., NGT, CAT, High Court).
• Exceptional Circumstances: Usually granted only where there is a gross miscarriage of justice or a substantial question of law.

Landmark Case Laws

1. Pritam Singh v. The State (1950)

• Judgment: The SC clarified that the power under Art 136 is “exceptional and overriding.” It should be exercised sparingly and only in special circumstances where grave injustice has been done.

2. Kunhayammed v. State of Kerala (2000)

• Issue: Does the dismissal of an SLP mean the SC has upheld the lower court’s order?
• Judgment: No. Dismissing an SLP in limine (at the threshold) simply means the SC declined to hear the case. It does not merge the lower court order with the SC order.

Exam-Style Conclusion

Article 136 is the “reserve power” of the Supreme Court to ensure justice is not defeated by technicalities. However, being discretionary, it cannot be claimed as a matter of right.

5.3 Power of High Courts to Issue Writs & 5.4 Superintendence

Introduction & Definition

High Courts (HC) are the highest courts in a State. Under Article 226, they have the power to issue writs for the enforcement of Fundamental Rights and for any other purpose. Under Article 227, they have the power of “superintendence” over all subordinate courts and tribunals in their territory.

Statutory Provisions

• Article 226: Power of High Courts to issue certain writs.
• Article 227: Power of superintendence over all courts by the High Court.

Comparison: Writ Jurisdiction (SC vs. HC)

Feature	Supreme Court (Art 32)	High Court (Art 226)
Scope	Can issue writs only for Fundamental Rights.	Can issue writs for Fundamental Rights AND “any other purpose” (e.g., administrative law, statutes).
Breadth	Narrower in scope (only FRs).	Wider in scope (FRs + Legal Rights).
Territory	Throughout India.	Within the territorial jurisdiction of the State.
Nature	Art 32 is itself a Fundamental Right (Right to Remedy).	Art 226 is a Constitutional Right (Discretionary remedy).
Refusal	SC generally cannot refuse a petition under Art 32.	HC can refuse relief (e.g., if an alternative remedy exists).

5.4 Superintendence (Article 227)

• Meaning: Administrative and Judicial control.
• Scope: The HC can call for returns, make rules for practice, and ensure lower courts stay within their jurisdiction.
• Key Difference from Appeal: In appeal, the HC reviews the merits of the case. In superintendence, it only checks if the lower court followed procedure and jurisdiction.

Landmark Case Laws

1. L. Chandra Kumar v. Union of India (1997)

• Judgment: The power of Judicial Review under Articles 226 and 227 is part of the Basic Structure of the Constitution. Even if a tribunal (like CAT) is set up, the High Court’s writ jurisdiction cannot be ousted.

2. Surya Dev Rai v. Ram Chander Rai (2003)

• Judgment: Explain the difference between Art 226 and 227. Certiorari (under 226) corrects errors of jurisdiction. Superintendence (under 227) ensures courts function within bounds of authority.

Exam-Style Conclusion

The High Court acts as the sentinel of justice at the state level. Interestingly, its writ jurisdiction under Article 226 is wider than the Supreme Court’s under Article 32, allowing it to address violations of ordinary legal rights as well.

5.5 Judges: Appointment, Removal, Transfer & Independence

Introduction & Definition

To ensure the Rule of Law, the Judiciary must be independent of the Executive and Legislature. This independence is secured through the specific mode of appointment (Collegium), difficult removal process (Impeachment), and fixed service conditions.

Statutory Provisions

• Article 124(2): Appointment of Judges (Consultation with CJI).
• Article 124(4): Removal (Impeachment).
• Article 222: Transfer of HC Judges.

Essential Ingredients

1. Appointment (The Collegium System)

• Judges are appointed by the President.
• However, the President must consult the Chief Justice of India (CJI).
• Case laws have interpreted “Consultation” as “Concurrence.”
• Collegium: CJI + 4 Senior-most Judges (for SC) recommend names. The Executive can object once but must accept if reiterated.

2. Removal (Impeachment)

• Grounds: Proved misbehavior or incapacity.
• Process:
  1. Motion signed by 100 MPs (Lok Sabha) or 50 MPs (Rajya Sabha).
  2. Investigation by a 3-member committee (Judges/Jurists).
  3. If guilty, both Houses must pass it by Special Majority.
  4. President issues order.

3. Transfer

• President can transfer HC judges after consultation with the CJI (Collegium).

Landmark Case Laws (The “Judges Cases”)

1. S.P. Gupta v. Union of India (First Judges Case, 1982)

• Held: “Consultation” does not mean concurrence. The Executive (President) has the final say. (Executive Supremacy).

2. SC Advocates-on-Record Association v. UOI (Second Judges Case, 1993)

• Held: Overruled S.P. Gupta. “Consultation” means concurrence. Established the Collegium System. (Judicial Supremacy).

3. Supreme Court AORA v. Union of India (Fourth Judges Case / NJAC Case, 2015)

• Facts: Parliament passed the 99th Amendment to replace the Collegium with the National Judicial Appointments Commission (NJAC), which included the Law Minister.
• Judgment: The SC struck down the NJAC as unconstitutional.
• Reasoning: Including the Executive in judicial appointments violates the “Independence of Judiciary,” which is a Basic Structure feature.

Exam-Style Conclusion

The method of appointing judges has evolved from Executive dominance to Judicial dominance (Collegium) to preserve the “Independence of Judiciary.” The NJAC judgment (2015) reaffirmed that this independence is part of the Basic Structure and cannot be tampered with by Parliament.

5.6 Judicial Review: Nature and Scope

Introduction & Definition

Judicial Review is the power of the Courts to examine the actions of the Legislative, Executive, and Administrative arms of the government and to determine whether such actions are consistent with the Constitution. If they are inconsistent, they are declared void.

Statutory Provisions

• Article 13: Laws inconsistent with Fundamental Rights are void.
• Article 32 & 226: Writ Jurisdiction.
• Article 137: Review of SC’s own judgments.

Nature and Scope

1. Review of Legislative Actions: Courts can strike down laws if they violate Fundamental Rights, violate the Basic Structure, or are outside legislative competence (Federal balance).
2. Review of Administrative Actions: Checks for arbitrariness, illegality, or irrationality (Wednesbury Principle).
3. Review of Judicial Decisions: The SC can review its own judgments (Curative Petition) to prevent miscarriage of justice.

Landmark Case Laws

1. Marbury v. Madison (1803, USA)

• Significance: The concept of Judicial Review originated here. Chief Justice Marshall declared, “It is emphatically the province and duty of the judicial department to say what the law is.”

2. Minerva Mills v. Union of India (1980)

• Judgment: The SC held that Judicial Review is a Basic Feature of the Constitution. Parliament cannot amend the Constitution to take away the court’s power to review laws.

3. I.R. Coelho v. State of Tamil Nadu (2007)

• Issue: Can laws placed in the 9th Schedule (immune from challenge) be reviewed?
• Judgment: Yes. Any law placed in the 9th Schedule after April 24, 1973 (Kesavananda Bharati date) is open to Judicial Review if it violates the Basic Structure.

Exam-Style Conclusion

Judicial Review is the “essential check” in the system of checks and balances. It ensures that the Constitution remains supreme over Parliament. As held in Minerva Mills, the power of Judicial Review is part of the Basic Structure and cannot be curtailed, even by Constitutional Amendment.