The Indian Judiciary contains several constitutional provisions, institutional arrangements and judicial doctrines that are frequently tested in UPSC Prelims.
Many questions are designed around:
The most important strategy is to distinguish between:
Constitutional Provision vs Judicial Interpretation vs Statutory Provision
| Article | Subject |
|---|---|
| Article 124 | Establishment and constitution of Supreme Court |
| Article 125 | Salaries of Supreme Court judges |
| Article 126 | Acting Chief Justice |
| Article 127 | Ad hoc judges |
| Article 128 | Attendance of retired judges |
| Article 129 | Court of Record |
| Article 130 | Seat of Supreme Court |
| Article 131 | Original jurisdiction |
| Article 132 | Constitutional appeals |
| Article 133 | Civil appeals |
| Article 134 | Criminal appeals |
| Article 134A | Certificate for appeal |
| Article 135 | Existing jurisdiction |
| Article 136 | Special Leave Petition |
| Article 137 | Review |
| Article 138 | Enlargement of jurisdiction |
| Article 139 | Power to issue certain writs |
| Article 139A | Transfer of certain cases |
| Article 140 | Ancillary powers |
| Article 141 | Law declared by Supreme Court binding |
| Article 142 | Complete justice |
| Article 143 | Advisory jurisdiction |
| Article 144 | Authorities to act in aid of Supreme Court |
| Article 145 | Rules of Court |
| Article 146 | Officers and servants |
| Article 147 | Interpretation |
| Article | Subject |
|---|---|
| Article 214 | High Courts for States |
| Article 215 | High Court as Court of Record |
| Article 216 | Constitution of High Courts |
| Article 217 | Appointment and conditions of office |
| Article 218 | Application of certain Supreme Court provisions |
| Article 219 | Oath of High Court judges |
| Article 220 | Restriction on practice after being permanent judge |
| Article 221 | Salaries |
| Article 222 | Transfer of judges |
| Article 223 | Acting Chief Justice |
| Article 224 | Additional and acting judges |
| Article 224A | Retired judges sitting in High Courts |
| Article 225 | Jurisdiction of existing High Courts |
| Article 226 | Writ jurisdiction |
| Article 227 | Superintendence |
| Article 228 | Transfer of certain cases |
| Article 229 | Officers and servants |
| Article 230 | Extension of jurisdiction to Union territories |
| Article 231 | Common High Court |
| Article | Subject |
|---|---|
| Article 233 | Appointment of district judges |
| Article 234 | Recruitment of persons other than district judges |
| Article 235 | Control over subordinate courts |
| Article 236 | Interpretation |
| Article 237 | Application to certain magistrates |
The Constitution contains several safeguards for judicial independence.
Important safeguards include:
A Supreme Court judge can be removed by the President after an address by Parliament.
The address must be supported by:
Special Majority
in each House.
The grounds are:
A judge is:
Not removed directly by the President acting alone.
The President acts after Parliament passes the required address.
The removal motion must be passed by:
Both conditions are required.
The Constitution does not technically use the word:
Impeachment
for removal of Supreme Court or High Court judges.
The constitutional expression is:
Removal
The term "impeachment" is commonly used in general discussion.
65 years
62 years
This is a frequently tested distinction.
Supreme Court judges are formally appointed by:
President of India
The constitutional provision is:
Article 124
The appointment process has evolved through the:
Collegium System
The Collegium System is:
Not expressly mentioned in the Constitution.
It evolved through Supreme Court judgments.
Important cases:
For appointments to the Supreme Court, the Collegium consists of:
Chief Justice of India + Four Senior-most Supreme Court Judges
The High Court Collegium generally consists of:
Chief Justice of the High Court + Two Senior-most Judges
Recommendations then proceed through the constitutional appointment process.
S.P. Gupta v. Union of India — 1981
Key principle:
Executive Primacy
This is an important Prelims trap.
Supreme Court Advocates-on-Record Association v. Union of India — 1993
Key principle:
Judicial Primacy
It established the judicial-primacy framework that led to the Collegium System.
Re Presidential Reference — 1998
Key principle:
Clarification and expansion of the Collegium
For Supreme Court appointments:
CJI + Four Senior-most Judges
The:
National Judicial Appointments Commission
was created through:
The Supreme Court:
Struck down the NJAC framework in 2015.
The Collegium System was restored.
The Court held that judicial independence is part of the Constitution's Basic Structure.
Article:
131
The Supreme Court has original jurisdiction in certain disputes involving:
The dispute must involve a question of:
Legal right
Article 131 does not mean that the Supreme Court is the first court for every type of case.
It applies to specific federal disputes satisfying constitutional requirements.
Article 32
Article 226
Both can issue writs.
| Article 32 | Article 226 |
|---|---|
| Supreme Court | High Courts |
| Fundamental Rights | Fundamental Rights + other legal rights |
| Itself a Fundamental Right | Constitutional power, not itself a Fundamental Right |
| Narrower scope | Wider scope |
The five constitutional writs are:
Meaning:
"You may have the body."
Used primarily to challenge:
Unlawful detention
Meaning:
"We command."
Issued to compel performance of a:
Public duty
Issued by a higher court to prevent a lower court or tribunal from:
Continuing proceedings beyond its jurisdiction
It is generally:
Preventive
Issued by a higher court to:
It is generally:
Corrective
Meaning:
"By what authority?"
Used to challenge the unlawful occupation of a:
Public office
The Supreme Court's Article 32 writ jurisdiction is primarily for enforcement of:
Fundamental Rights
High Courts under Article 226 can issue writs for:
Fundamental Rights + Other Legal Rights
Dr B.R. Ambedkar described Article 32 as:
The heart and soul of the Constitution
It provides a constitutional remedy for enforcement of Fundamental Rights.
Judicial Review means the power of courts to examine:
for constitutional validity.
It is a major feature of:
Constitutional Supremacy
Judicial Review is:
Not confined only to the Supreme Court.
High Courts also exercise judicial review.
Established in:
Kesavananda Bharati v. State of Kerala — 1973
Principle:
Parliament can amend the Constitution but cannot destroy its Basic Structure.
The Constitution does not contain a single exhaustive list of Basic Structure elements.
The doctrine was developed through:
Judicial interpretation
Through various judgments, courts have recognised elements such as:
The law declared by the Supreme Court is:
Binding on all courts within India
Important:
It binds:
Courts
not every individual or institution in an identical manner.
The Supreme Court may pass orders necessary for:
Complete Justice
This power is:
Constitutionally conferred
Article 142 does not mean that the Supreme Court can:
Ignore the Constitution or statutory law without limitation.
Its exercise remains subject to constitutional principles.
Article:
143
The President may refer questions to the Supreme Court for its opinion.
The Court exercises:
Advisory Jurisdiction
The Supreme Court's opinion under Article 143 is:
Advisory
It is distinct from an ordinary binding judgment in contentious litigation.
Article:
129
Article:
215
A Court of Record has the power to:
Article:
136
The Supreme Court can grant special leave to appeal from:
of a court or tribunal in India, subject to constitutional limitations.
Special Leave Petition is:
Not a regular statutory appeal.
It is a discretionary constitutional power of the Supreme Court.
Article:
137
The Supreme Court has power to:
Review its judgments or orders
subject to constitutional and statutory provisions and Supreme Court rules.
Curative Petition was recognised in:
Rupa Ashok Hurra v. Ashok Hurra — 2002
It is an:
Exceptional remedy
after the normal review process.
Article:
227
High Courts have superintendence over:
All courts and tribunals within their territorial jurisdiction
subject to constitutional limitations.
Article 227 is different from:
Article 226
Article 226:
Writ jurisdiction
Article 227:
Superintendence
Article:
226
High Courts can issue writs for:
This makes Article 226:
Wider in scope than Article 32
Article:
222
The President can transfer a High Court judge after consultation with:
Chief Justice of India
Under Article 220, a person who has been a permanent judge of a High Court cannot plead or act in any court or before any authority in India except:
Article:
233
Appointment of district judges is made by the:
Governor
in consultation with the:
High Court
Article:
235
Control over subordinate courts is vested in the:
High Court
Article:
50
The State shall take steps to separate:
Judiciary from Executive
in the public services of the State.
Article 50 is a:
Directive Principle of State Policy
Article 50 is:
Not a Fundamental Right
It is a:
Directive Principle
Salaries and allowances of Supreme Court judges are charged on the:
Consolidated Fund of India
Salaries and allowances of High Court judges are charged on the:
Consolidated Fund of the State
"Charged expenditure" means:
Not subject to vote of the legislature
It does not mean that the expenditure cannot be discussed.
The removal process is:
Same constitutional mechanism
for Supreme Court and High Court judges.
The President issues the removal order after the required parliamentary process.
Article:
217
A High Court judge is appointed by the:
President
after the constitutionally prescribed consultation process.
Under Article 124, a person must be:
and must satisfy one of the prescribed conditions relating to:
Under Article 217, a person must be:
and must have:
The minimum period is:
10 years
for both:
in the respective constitutional provisions.
Important case:
L. Chandra Kumar v. Union of India — 1997
The Supreme Court held that constitutional judicial review by High Courts and the Supreme Court is part of the:
Basic Structure
Tribunals cannot completely exclude constitutional judicial review.
Judicial Activism refers broadly to an active judicial approach in:
Important examples:
Judicial activism does not mean:
Courts can make any policy they want.
Judicial power remains subject to:
PIL enables courts to entertain matters concerning:
Public interest
It relaxed traditional rules of:
Locus Standi
PIL is:
Not expressly defined as a separate constitutional jurisdiction in one Article.
It developed through judicial interpretation.
Judicial Restraint emphasises:
The Supreme Court and High Courts are:
Courts of Record
They have constitutional power to punish for contempt of themselves.
Important Articles:
129 — Supreme Court
215 — High Courts
Tribunals:
They are not necessarily identical to constitutional courts.
Established under:
Gram Nyayalayas Act, 2008
They aim to provide:
Grassroots-level justice
Important feature:
Mobile Courts
Legal basis:
Legal Services Authorities Act, 1987
Primary mechanism:
Compromise / Settlement
Lok Adalat awards are:
Final and binding
Permanent Lok Adalats deal primarily with:
Public Utility Services
Unlike ordinary Lok Adalats, they can exercise a limited adjudicatory function in specified cases after attempts at settlement fail.
Major ADR mechanisms include:
Important laws:
Remember:
Constitution
↓
President formally appoints
↓
Collegium recommends
↓
Executive processes appointment
↓
President makes appointment
The Collegium is a product of:
Judicial interpretation
not an express constitutional provision.
75. Important Judgment — Kesavananda Bharati
1973
→ Basic Structure Doctrine
Remember:
Amendment allowed
but:
Basic Structure cannot be destroyed
76. Important Judgment — Golaknath
1967
→ Parliament held unable to amend Fundamental Rights.
Later position changed through:
Kesavananda Bharati
77. Important Judgment — Minerva Mills
1980
→ Limited amending power and Judicial Review protected.
Key idea:
Parliament's amending power is not unlimited.
78. Important Judgment — Second Judges Case
1993
→ Judicial primacy
→ Collegium System
79. Important Judgment — Third Judges Case
1998
→ Collegium clarified
→ CJI + Four senior-most Supreme Court judges for Supreme Court appointments
80. Important Judgment — NJAC Case
2015
→ NJAC struck down
→ Collegium restored
→ Judicial independence protected as Basic Structure
81. Important Judgment — L. Chandra Kumar
1997
→ Judicial Review under Articles 32 and 226/227 is part of Basic Structure.
82. Important Judgment — I.R. Coelho
2007
→ Certain Ninth Schedule laws can be reviewed against Basic Structure.
Important date:
24 April 1973
83. Important Judgment — Maneka Gandhi
1978
→ Article 21 procedure must be:
Fair, Just and Reasonable
84. Important Judgment — Vishaka
1997
→ Workplace sexual harassment guidelines
→ Major example of:
Judicial Activism
85. Important Judgment — Puttaswamy
2017
→ Right to Privacy is a Fundamental Right.
86. Important Judgment — Rupa Ashok Hurra
2002
→ Curative Petition
87. Important Judgment — ADM Jabalpur
1976
→ Emergency and Habeas Corpus
Important UPSC theme:
Judicial protection of personal liberty during Emergency
88. Frequently Confused Articles
32 → Supreme Court Writs
50 → Separation of Judiciary from Executive
124 → Supreme Court
129 → Supreme Court Court of Record
131 → Supreme Court Original Jurisdiction
136 → SLP
137 → Review
141 → Binding Law
142 → Complete Justice
143 → Advisory Jurisdiction
214 → High Courts
215 → High Court Court of Record
217 → High Court Judges
226 → High Court Writs
227 → High Court Superintendence
233 → District Judges
235 → Control of Subordinate Courts
89. Frequently Confused Concepts
Article 32 vs Article 226
32
↓
Supreme Court
↓
Fundamental Rights
226
↓
High Court
↓
Fundamental Rights
+
Other Legal Rights
Article 226 vs Article 227
226 → Writ Jurisdiction
227 → Superintendence
Article 129 vs Article 215
129 → Supreme Court Court of Record
215 → High Court Court of Record
Article 131 vs Article 136
131 → Original Jurisdiction
136 → Special Leave to Appeal
Article 137 vs Article 142
137 → Review
142 → Complete Justice
90. UPSC Statement-Based Traps
Statement 1
"The Supreme Court has wider writ jurisdiction than High Courts."
False
High Courts have wider writ jurisdiction under Article 226 because it extends to Fundamental Rights and other legal rights.
Statement 2
"Article 32 is itself a Fundamental Right."
Correct
Statement 3
"Article 226 is a Fundamental Right."
False
It is a constitutional power of High Courts.
Statement 4
"The Collegium System is expressly provided in Article 124."
False
It evolved through judicial decisions.
Statement 5
"The President appoints Supreme Court judges."
Correct
But the modern appointment process operates through the Collegium framework and constitutional procedure.
Statement 6
"The Chief Justice of India alone appoints Supreme Court judges."
False
The CJI does not independently appoint judges.
Statement 7
"High Court judges retire at 65."
False
They retire at:
62 years
Statement 8
"Supreme Court judges retire at 62."
False
They retire at:
65 years
Statement 9
"Judges can be removed by a simple majority of Parliament."
False
Special majority is required in each House.
Statement 10
"Article 142 gives the Supreme Court power to do complete justice."
Correct
Statement 11
"Article 143 gives advisory jurisdiction to High Courts."
False
It concerns the:
Supreme Court
Statement 12
"Article 141 makes Supreme Court law binding on all courts in India."
Correct
Statement 13
"High Courts have no power of judicial review over administrative tribunals."
False
Statement 14
"Lok Adalats are constitutional courts."
False
They are statutory forums.
Statement 15
"Gram Nyayalayas are presided over by elected Panchayat members."
False
They are presided over by:
Nyayadhikari
91. Ultimate Prelims Memory Map
SUPREME COURT
│
├── 124 → Establishment
├── 129 → Court of Record
├── 131 → Original Jurisdiction
├── 132–134 → Appeals
├── 136 → SLP
├── 137 → Review
├── 141 → Binding Law
├── 142 → Complete Justice
└── 143 → Advisory
HIGH COURT
│
├── 214 → High Court
├── 215 → Court of Record
├── 217 → Judges
├── 222 → Transfer
├── 226 → Writs
└── 227 → Superintendence
SUBORDINATE COURTS
│
├── 233 → District Judges
├── 234 → Other Judicial Recruitment
└── 235 → High Court Control
JUDICIAL DOCTRINES
│
├── Judicial Review
├── Basic Structure
├── Judicial Activism
├── Judicial Restraint
├── PIL
└── Collegium
92. Final Prelims Checklist
Before the UPSC Prelims, remember:
✓ Supreme Court → Article 124
✓ High Court → Article 214
✓ SC Writ → Article 32
✓ HC Writ → Article 226
✓ SC Original Jurisdiction → Article 131
✓ SLP → Article 136
✓ Review → Article 137
✓ Binding Law → Article 141
✓ Complete Justice → Article 142
✓ Advisory → Article 143
✓ SC Court of Record → Article 129
✓ HC Court of Record → Article 215
✓ HC Superintendence → Article 227
✓ District Judges → Article 233
✓ HC Control → Article 235
✓ Separation of Judiciary → Article 50
✓ Basic Structure → Kesavananda, 1973
✓ Collegium → Second + Third Judges Cases
✓ NJAC → Struck down in 2015
✓ Lok Adalat → 1987 Act
✓ Gram Nyayalaya → 2008 Act
✓ Mediation → 2023 Act
93. One-Line Memory Tricks
32 = Rights
50 = Separation
124 = Supreme Court
129 = Supreme Court Record
131 = Original
136 = Special Leave
137 = Review
141 = Binding
142 = Complete Justice
143 = Advice
214 = High Court
215 = High Court Record
217 = High Court Judges
222 = Transfer
226 = Writ
227 = Superintendence
233 = District Judges
235 = High Court Control
94. Final Revision Principle
For Judiciary questions in UPSC Prelims, always ask:
Who?
→ Supreme Court / High Court / President / Parliament / Governor / High Court Collegium
Which Article?
→ Identify the constitutional provision.
What Power?
→ Writ / Review / SLP / Advisory / Original / Appellate / Superintendence
What Limitation?
→ Jurisdiction / Basic Structure / Statutory restriction / Judicial review
Which Judgment?
→ Identify the landmark case.
Constitutional or Statutory?
→ This is one of the most important distinctions in Judiciary questions.