India has a single integrated judiciary with the Supreme Court at the apex, High Courts below it, and subordinate courts at the bottom. The Supreme Court is the guardian of the Constitution and the final court of appeal. For NDA, this is a high-yield topic — expect 2–4 direct questions every year on Articles, jurisdiction and judge appointments.
Why This Topic Matters for NDA
The judiciary is one of the three organs of government, alongside the legislature and executive. In the NDA General Studies paper, questions on the Supreme Court and High Courts are usually direct and factual — an Article number, the number of judges, who appoints whom, or which court hears which case.
Because these answers do not need any reasoning, locking the facts converts into easy, certain marks. The key is to separate the Supreme Court details from the High Court details, since the examiner loves to swap them.
India follows the principle of single integrated judiciary — unlike the USA, there are no separate sets of central and state courts. The Supreme Court sits at the top of one unified pyramid that enforces both the Union and State laws.
India’s Integrated Judicial System
The Indian judiciary is a pyramid. At the apex stands the Supreme Court. Below it are the High Courts at the state level, and under each High Court is a chain of subordinate courts — district and sessions courts, and below them the lower civil and criminal courts.
This structure was largely borrowed from the Government of India Act, 1935. A judgment of the Supreme Court is binding on all courts in India, and the law it declares is the law of the land under Article 141.
- Single, unified pyramid — one set of courts enforces all laws
- Supreme Court → High Courts → Subordinate courts
- Article 141 → Supreme Court law binds all Indian courts
- Part V of the Constitution → Supreme Court (Articles 124–147)
- Part VI of the Constitution → High Courts (Articles 214–231)
The judiciary in India is also independent — its judges have fixed salaries charged on the Consolidated Fund, security of tenure, and protection from arbitrary removal.
Supreme Court — Composition and Seat
The Supreme Court was established on 28 January 1950. Under Article 124, it consists of the Chief Justice of India (CJI) and other judges.
The original Constitution fixed the strength at the CJI plus 7 judges. Parliament can increase this number, and the current sanctioned strength is the CJI plus 33 other judges (34 in total).
Article 130 says the seat of the Supreme Court is Delhi, but the CJI may, with the President’s approval, appoint other places as the seat. So the Constitution does not permanently fix Delhi — it can be changed.
Judges of the Supreme Court hold office until the age of 65 years. They can resign by writing to the President, or be removed through the prescribed procedure.
Qualifications and Appointment of SC Judges
To be appointed a Supreme Court judge under Article 124, a person must be a citizen of India and satisfy one of the following:
- Has been a judge of a High Court for at least 5 years, or
- Has been an advocate of a High Court for at least 10 years, or
- Is, in the opinion of the President, a distinguished jurist
The Constitution prescribes no minimum age for a Supreme Court judge. Judges are appointed by the President.
The CJI is appointed by the President. By convention, the senior-most judge of the Supreme Court is appointed CJI. Other judges are appointed by the President after consultation with the CJI and such judges as the President deems necessary.
The oath of office for a Supreme Court judge is administered by the President or some person appointed by them.
The Collegium System and NJAC
The word “collegium” is not in the Constitution. It evolved through three Supreme Court judgments known as the Three Judges Cases, which interpreted the word “consultation” in Article 124.
- First Judges Case (1981): gave primacy to the executive.
- Second Judges Case (1993): introduced the collegium and gave primacy to the judiciary.
- Third Judges Case (1998): expanded the collegium to the CJI plus four senior-most judges.
The SC collegium = CJI + 4 senior-most Supreme Court judges. The HC collegium = Chief Justice of the High Court + 2 senior-most judges of that High Court.
Parliament tried to replace the collegium with the National Judicial Appointments Commission (NJAC) through the 99th Constitutional Amendment (2014). In 2015, the Supreme Court struck down the NJAC as unconstitutional, restoring the collegium system.
Jurisdiction and Powers of the Supreme Court
The Supreme Court enjoys wide jurisdiction. Memorise the four major heads:
Original jurisdiction (Article 131)
Disputes between the Centre and States, or among States, are heard exclusively and directly by the Supreme Court. The Court’s power to enforce Fundamental Rights under Article 32 is also original.
Appellate jurisdiction
It is the highest court of appeal in constitutional (Article 132), civil (Article 133) and criminal (Article 134) matters. Under Article 136, it can grant Special Leave to Appeal against any judgment of any court or tribunal (except military tribunals).
Advisory jurisdiction (Article 143)
The President can seek the opinion of the Supreme Court on a question of law or fact of public importance. This opinion is not binding on the President.
Article 137 gives the power of review — the Supreme Court can review its own judgments. It is a court of record (Article 129) and can punish for contempt of itself.
Judicial Review and Guardian of the Constitution
Judicial review is the power of the courts to examine the constitutionality of laws and executive orders. If a law violates the Constitution, the court can declare it void. This makes the Supreme Court the guardian and final interpreter of the Constitution.
The basis of judicial review lies mainly in Article 13, which says any law inconsistent with the Fundamental Rights is void. The power is part of the basic structure of the Constitution and cannot be taken away even by amendment.
Do not confuse judicial review (checking validity of laws) with judicial activism (the court taking a proactive role, e.g. through PILs). Both appear in objective questions but mean different things.
Through tools like the Public Interest Litigation (PIL), the Supreme Court has widened access to justice, allowing any public-spirited person to approach it on behalf of those who cannot.
High Courts — Composition and Jurisdiction
The High Court is the highest court in a State. Articles 214 to 231 deal with High Courts. Article 214 provides a High Court for each State, but Article 231 allows a common High Court for two or more States or a State and a Union Territory.
Each High Court consists of a Chief Justice and such other judges as the President may decide from time to time — so the strength of a High Court is not fixed by the Constitution.
- Article 214 → High Court for each State
- Article 215 → High Court is a court of record
- Article 226 → High Court’s power to issue writs
- Article 227 → power of superintendence over subordinate courts
- Article 231 → common High Court for two or more States
A High Court judge holds office until the age of 62 years — three years less than a Supreme Court judge. The oath is administered by the Governor of the State.
HC Judges, Writ Power and Article 226
To be a High Court judge, a person must be a citizen of India and either:
- Have held a judicial office in India for at least 10 years, or
- Have been an advocate of a High Court for at least 10 years.
Notice there is no provision for a distinguished jurist at the High Court level — that option exists only for the Supreme Court. High Court judges are appointed by the President after consultation with the CJI, the Governor, and (for judges other than the Chief Justice) the Chief Justice of that High Court.
The High Court’s writ power under Article 226 is wider than the Supreme Court’s under Article 32. A High Court can issue writs for the enforcement of Fundamental Rights and for “any other purpose” (ordinary legal rights), while Article 32 is limited to Fundamental Rights only.
The five writs — Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto — can be issued by both the Supreme Court (Article 32) and the High Courts (Article 226).
Removal and Independence of Judges
A judge of the Supreme Court or a High Court can be removed only by the President, on grounds of proved misbehaviour or incapacity, through a process commonly called impeachment under the Judges (Inquiry) Act, 1968.
The motion must be passed by each House of Parliament by a special majority — a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting — in the same session.
- Same grounds and process for both SC and HC judges
- Grounds: proved misbehaviour or incapacity only
- Removal by President after special majority in both Houses
- No Indian judge has ever actually been removed by this process
To keep the judiciary independent, the Constitution charges judges’ salaries on the Consolidated Fund, forbids reduction of salary during tenure (except in a Financial Emergency), and bars discussion of a judge’s conduct in Parliament except during a removal motion.
Worked Example — Matching Articles
NDA frequently asks “match the Article with its provision” questions. Let us work through one carefully.
Match each Article with its correct subject: Article 32, Article 124, Article 143, Article 226.
Tip: build a one-page Article table. Most judiciary questions are simply testing whether you can recall a number-to-fact pairing under exam pressure.
Previous-Year Style Question
Here is a question in the exact style the NDA examiner uses for this topic.
Q. Which one of the following statements about the Indian judiciary is correct?
(a) A High Court judge retires at 65 years of age.
(b) The Supreme Court’s advisory opinion under Article 143 is binding on the President.
(c) A High Court can issue writs both for Fundamental Rights and for other legal rights.
(d) The minimum age to become a Supreme Court judge is 35 years.
Answer: (c). Under Article 226 a High Court can issue writs to enforce Fundamental Rights and for any other purpose, making its writ power wider than the Supreme Court’s. A High Court judge retires at 62 (not 65), advisory opinions are not binding, and there is no minimum age for a Supreme Court judge.
In “which is correct” questions, the three wrong options are usually the most-confused facts of the chapter. Mastering the SC-vs-HC differences (age, writs, jurist option) clears most of them instantly.
Quick Revision
- India has a single integrated judiciary: Supreme Court → High Courts → subordinate courts.
- Supreme Court: Articles 124–147, strength CJI + 33 judges, retire at 65, seat at Delhi (Article 130).
- SC qualification needs 5 yrs HC judge / 10 yrs advocate / distinguished jurist; no minimum age.
- High Courts: Articles 214–231, judges retire at 62, oath by Governor, no jurist option.
- Writs: Article 32 (SC, only FRs) vs Article 226 (HC, FRs + any other purpose — wider).
- Collegium = CJI + 4 senior judges; NJAC struck down in 2015.
- Judges removed by President on proved misbehaviour or incapacity via special majority.
The single most testable contrast is the retirement age: Supreme Court judge 65, High Court judge 62. Lock this and you will rarely lose a mark on this chapter.
Frequently asked questions
What is the difference between the writ powers under Article 32 and Article 226?
Article 32 lets the Supreme Court issue writs only to enforce Fundamental Rights, while Article 226 lets a High Court issue writs both for Fundamental Rights and for any other legal right. So the High Court’s writ jurisdiction is wider.
At what age do Supreme Court and High Court judges retire?
A Supreme Court judge retires at 65 years and a High Court judge retires at 62 years. This three-year gap is a very common NDA question.
Who appoints the judges of the Supreme Court and High Courts?
All judges of the Supreme Court and High Courts are appointed by the President of India, on the recommendation of the collegium after the prescribed consultation process.
What is the collegium system?
The collegium is a body of senior judges that recommends names for judicial appointments and transfers. For the Supreme Court it is the CJI plus the four senior-most judges; it evolved through the Three Judges Cases, not from any written Article.
On what grounds can a judge be removed?
A Supreme Court or High Court judge can be removed by the President only on grounds of proved misbehaviour or incapacity, after a removal motion is passed by a special majority in both Houses of Parliament in the same session.
Why is the Supreme Court called the guardian of the Constitution?
Through judicial review, the Supreme Court can examine laws and executive actions and strike down anything that violates the Constitution, especially the Fundamental Rights. This protective role makes it the guardian and final interpreter of the Constitution.
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