Supreme Court & High Courts
Constitution Special · सुप्रीम कोर्ट और हाई कोर्ट
📋Quick Overview
India has an integrated single judiciary with the Supreme Court (Art 124–147) at the apex. The Supreme Court sits in New Delhi and has original, appellate, and advisory jurisdiction. Below it are 25 High Courts for the states and UTs (Art 214–231). The Supreme Court can issue writs under Art 32 only to enforce Fundamental Rights, while High Courts can issue writs under Art 226 for any purpose (broader jurisdiction). The Chief Justice of India (CJI) is the head of the Supreme Court. The principle of judicial independence is a basic structure of the Constitution.
Art 32 (SC) vs Art 226 (HC): Both can issue 5 types of writs. BUT Art 32 is only for FRs enforcement (SC jurisdiction limited), while Art 226 HC can issue writs for any legal right (broader). Art 32 itself is a Fundamental Right.
📖Supreme Court of India — Key Facts
| Detail | Provision |
|---|---|
| Articles | Art 124–147 |
| Location | New Delhi (Tilak Marg) |
| Established | January 28, 1950 (2 days after Constitution came into force) |
| Strength | CJI + max 33 other judges (total max 34) — increased by Parliament over time |
| Appointment | By President in consultation with CJI and senior SC judges (Collegium system) |
| Removal | By Parliament — impeachment (motion in either House + 2/3 majority + absolute majority) |
| Retirement age | 65 years |
| First CJI | H.J. Kania (1950–1951) |
| Longest serving CJI | Y.V. Chandrachud (1978–1985, ~7 years) |
| Shortest serving CJI | Justice Kamal Narain Singh (17 days, 1991) |
| Art 136: SLP | Special Leave Petition — SC can grant leave to appeal from any court/tribunal in India |
| Art 137 | SC can review its own judgments |
| Art 141 | SC judgments are binding on all courts in India |
| Art 142 | SC can pass any order/decree necessary for complete justice |
| Art 143 | Advisory jurisdiction — President can seek SC's opinion on constitutional/legal questions |
📖High Courts — Key Facts
| Feature | Details |
|---|---|
| Articles | Art 214–231 |
| Total HCs currently | 25 High Courts in India |
| Oldest 3 HCs (1862) | Calcutta HC, Bombay HC, Madras HC — all established same year |
| Largest HC (judges) | Allahabad High Court (Uttar Pradesh) |
| Smallest HC | Sikkim High Court |
| Appointment | By President in consultation with CJI and Governor of State |
| Retirement age | 62 years (different from SC — 65) |
| Art 226 | HC can issue writs for enforcement of any legal right (not just FRs) — broader than Art 32 |
| HC can oversee | All courts and tribunals in the state (Art 227: superintendence) |
| HC with multiple states | Guwahati HC serves Assam, Nagaland, Arunachal Pradesh, Mizoram |
📝5 Types of Writs
| Writ | Meaning | Used For |
|---|---|---|
| Habeas Corpus | 'You shall have the body' | Challenging unlawful detention/arrest |
| Mandamus | 'We command' | Direct public authority to perform its duty |
| Certiorari | 'To be certified' | Quash an illegal order of lower court |
| Prohibition | Stop proceedings | Prevent lower court from exceeding jurisdiction |
| Quo Warranto | 'By what authority' | Challenge an illegal assumption of public office |