Polity

Judiciary

CGPSC Polity notes on the Judiciary: Supreme Court, High Courts, collegium, jurisdictions, judicial review, PIL and judicial activism.

Chapter Overview

India has a single, integrated judiciary (एकीकृत न्यायपालिका): the Supreme Court (सर्वोच्च न्यायालय) at the top, a High Court (उच्च न्यायालय) for each state or group of states, and subordinate courts below them. The same hierarchy enforces both Union and state laws, unlike the dual court system of the USA. For a Chhattisgarh aspirant the chapter has a home address too: the High Court of Chhattisgarh at Bilaspur, set up on the day the state was born.

The Constitution deals with the Supreme Court in Part V, Chapter IV (Articles 124–147) and the High Courts in Part VI, Chapter V (Articles 214–231), with subordinate courts in Articles 233–237. Prelims asks article numbers, qualifications, retirement ages and “who appoints / who removes” details. Mains asks you to evaluate the collegium, judicial activism, PIL and pendency.

What You’ll Learn

By the end of this chapter, you will be able to:

  • State the composition of the Supreme Court (38 judges including the CJI, as of 2026) and how its strength is changed
  • Trace the appointment of judges through the four Judges Cases, the collegium and the NJAC verdict (2015)
  • Explain the removal procedure (Art 124(4) and the Judges (Inquiry) Act, 1968) and the safeguards of judicial independence
  • Classify the Supreme Court’s jurisdictions: original (Art 131), writ (Art 32), appellate (Arts 132–136), advisory (Art 143), review and curative
  • Compare the Supreme Court and High Courts on qualifications, retirement, post-retirement practice and writ powers
  • Describe the High Court of Chhattisgarh and the subordinate judiciary in the state
  • Define judicial review, the basic structure doctrine, PIL, judicial activism and overreach, and write balanced Mains answers on them

Prerequisites


Learning Path

Follow the topics in this order:

graph TD
    A["1. Supreme Court: Composition,
Appointment and Independence
Arts 124-130, collegium, removal"] --> B["2. Supreme Court: Jurisdiction
and Powers
Arts 129-147"] B --> C["3. High Courts and
Subordinate Courts
Arts 214-237, Bilaspur HC"] C --> D["4. Judicial Review, PIL
and Judicial Activism
basic structure, overreach"] D --> E["5. Quick Revision
One-page sheet"] E --> F["Next chapter:
State Executive and Legislature"]

Topics in This Chapter

#TopicWhat it covers
1Supreme Court: Composition, Appointment and IndependenceFederal Court to Supreme Court, strength (8 in 1950, 38 from 2026), qualifications, the four Judges Cases, collegium, NJAC, removal, acting/ad hoc/retired judges, independence
2Supreme Court: Jurisdiction and PowersOriginal (131), writ (32), appellate (132–136), advisory (143), court of record (129), review (137), curative petition, Arts 139A, 141, 142, 144, 145
3High Courts and Subordinate CourtsArts 214–231, appointment, transfer, retirement at 62, Arts 226 and 227, common High Courts, High Court of Chhattisgarh, district courts, Lok Adalats
4Judicial Review, PIL and Judicial ActivismConstitutional basis of judicial review, basic structure cases, PIL, activism vs restraint vs overreach, pendency and reforms
—Quick RevisionEvery article, case and number on one page

Where It Is Asked

PaperWhat to expect
Prelims P-I (Part 1, India GS)Article numbers (124, 129, 131, 136, 141, 142, 143, 214, 217, 226, 227, 231), qualifications and retirement ages, “who decides the number of judges”, removal procedure, types of jurisdiction, Judges Cases. Statement-based questions are common
Prelims P-I (Part 2, Chhattisgarh)Seat and founding date of the High Court of Chhattisgarh; occasionally its Chief Justice (time-sensitive)
Mains P-III (GS-I), Constitution and Public AdministrationShort answers (“curative petition”, “Art 142”, “collegium”) and long answers on judicial independence, collegium vs NJAC, judicial activism vs overreach, PIL, pendency and judicial reforms
Exam focus
  • High-yield: Art 124(4) removal and its special majority; Art 131 vs Art 32 vs Art 136; Art 143 advisory opinion is not binding; Parliament fixes the number of Supreme Court judges but the President fixes the number of High Court judges; SC judges retire at 65, HC judges at 62.
  • Common mistakes: calling the removal process “impeachment” in the constitutional text (the word is used only for the President, Art 61); thinking a retired HC judge cannot practise anywhere (he can, in the Supreme Court and other High Courts); placing the Chhattisgarh High Court at Raipur.
  • Chhattisgarh angle for Mains: High Court at Bilaspur (1 Nov 2000); the State of Chhattisgarh’s Art 131 suit against the NIA Act (2020); Nandini Sundar v. State of Chhattisgarh (2011) as an example of judicial review protecting tribal citizens.

Quick Reference: The Judiciary at a Glance

PointSupreme CourtHigh Court
Articles124–147 (Part V, Ch IV)214–231 (Part VI, Ch V)
Strength fixed byParliament by law (38 incl. CJI, from 2026)President (Art 216)
Appointed byPresident (Art 124(2)), on collegium recommendationPresident (Art 217), on collegium recommendation
Retirement age6562
Oath administered byPresident or person appointed by himGovernor or person appointed by him
RemovalArt 124(4): address of both Houses by special majoritySame manner as an SC judge (Art 217(1)(b) read with 124(4))
Salaries charged onConsolidated Fund of IndiaConsolidated Fund of the State (pensions on Consolidated Fund of India)
WritsArt 32: Fundamental Rights onlyArt 226: Fundamental Rights and “any other purpose”
Court of recordArt 129Art 215
Practice after retirementBarred in every court in India (Art 124(7))Barred only in the same High Court (Art 220)

Related chapters: Fundamental Rights · Parliament · Centre-State Relations · Formation of the State and Administrative Structure · Social Legislation and Human Rights


Start Learning

Begin with the first topic:

→ Supreme Court: Composition, Appointment and Independence