The Indian Judiciary: Supreme Court & High Courts

India has a single, integrated judiciary — one pyramid with the Supreme Court at the top, the High Courts in the states, and the subordinate (district) courts below. There is no separate set of courts for central and state laws, unlike the dual system of the USA. The judiciary is the guardian of the Constitution: it settles disputes, protects Fundamental Rights, and can strike down any law that violates the Constitution. Focus on article numbers, retirement ages, and the key differences between the Supreme Court and the High Courts.

An Integrated Judiciary

India adopted a single, integrated court system. The Supreme Court stands at the apex, below it are the High Courts, and under them the subordinate/district courts. All courts together enforce both central and state laws — there is one hierarchy, not two.

💡 Think of it like this
Think of it as one ladder for the whole country: a case can climb from the district court up to the High Court and finally to the Supreme Court. In the USA there are two ladders — separate federal and state court systems. India deliberately chose one ladder to keep the law uniform.
🎯 Why it matters
An integrated judiciary matters because it makes justice uniform across the country — the same law is interpreted the same way whether you are in Patna or Chennai, and the Supreme Court’s decisions bind every court in India.

The Supreme Court (Article 124)

The Supreme Court was established under Article 124 and began functioning on 28 January 1950. Its judges are appointed by the President. A Supreme Court judge retires at the age of 65 years. The present sanctioned strength is 34 judges — the Chief Justice of India (CJI) plus 33 other judges. The first CJI was H. J. Kania.

ℹ️ Note
The Supreme Court is a "Court of Record" under Article 129 — its judgments are recorded as precedents and it can punish for contempt of court.
Three types of jurisdiction of the Supreme Court
JurisdictionMeaning
Original (Article 131)Directly hears disputes between the Centre and states (or between states).
AppellateHears appeals against judgments of the High Courts.
Advisory (Article 143)The President can seek the Court’s opinion on a question of law or fact.
🎯 Why it matters
The Supreme Court also holds the power of Judicial Review — it can examine any law and declare it unconstitutional if it violates the Constitution. This is what makes the Court the true guardian of the Constitution.

The High Courts (Article 214)

Under Article 214, every state shall have a High Court. A High Court judge retires at 62 years. Under Article 226, High Courts have a wider writ jurisdiction than the Supreme Court — they can issue writs to enforce Fundamental Rights and other legal rights as well.

📖 The story
Bihar connection: the Patna High Court was established in 1916, making it one of the oldest High Courts in India. This is a favourite exam fact — remember Patna High Court = 1916.
⚠️ Exam trap
A classic trap on retirement age: a Supreme Court judge retires at 65, but a High Court judge retires at 62. Also do not confuse Article 32 (Supreme Court, Fundamental Rights only) with Article 226 (High Court, wider — Fundamental Rights + other legal rights).
Supreme Court vs High Court — at a glance
PointSupreme CourtHigh Court
Key ArticleArticle 124Article 214
Retirement age65 years62 years
Writ jurisdictionArticle 32 — Fundamental Rights onlyArticle 226 — FRs + other legal rights (wider)
PositionApex court of the whole countryHighest court of a state

Appointment, Qualification & Removal of Judges

PointSupreme Court judgeHigh Court judge
QualificationCitizen of India; 5 years as a High Court judge, OR 10 years as a High Court advocate, OR a distinguished jurist.Citizen of India; 10 years holding a judicial office, OR 10 years as an advocate of a High Court.
Collegium for appointmentCJI + 4 senior-most SC judgesChief Justice of that HC + 2 senior-most HC judges (recommendation then vetted by SC collegium)

A judge of the Supreme Court or a High Court can be removed only through the process in Article 124(4): a motion is passed by each House of Parliament separately with a special majority (majority of total membership + 2/3 of members present and voting), on the ground of "proved misbehaviour or incapacity", followed by an order of the President. This is why judicial removal is called "impeachment" too, even though the exact article is different from the President's own impeachment (Art. 61).

📖 The story
No Indian judge has ever actually been removed by this process — motions have been moved (e.g. against Justice V. Ramaswami, 1991-93 and Justice Soumitra Sen, 2011) but each fell short of the required majority or the judge resigned first. This "never successfully used" fact is a favourite exam point.
ℹ️ Note
Under Article 222, a High Court judge can be transferred from one High Court to another by the President, after consultation with the CJI — a power used to maintain the "all-India character" of the higher judiciary and occasionally as an administrative tool.

Appointments, Basic Structure & PIL

Judges are today appointed through the Collegium System, which evolved through the Three Judges Cases. In 2015, the Supreme Court struck down the National Judicial Appointments Commission (NJAC) created by the 99th Amendment, restoring the collegium.

🎯 Why it matters
The Basic Structure Doctrine was laid down in the Kesavananda Bharati case (1973): Parliament can amend the Constitution but cannot destroy its basic structure. This doctrine is the biggest check on Parliament’s amending power.

Public Interest Litigation (PIL) allows any public-spirited citizen to approach the court for the public good, even if they are not personally affected. PIL has made justice far more accessible to ordinary people.

  • PIL in India is credited to Justice P. N. Bhagwati and Justice V. R. Krishna Iyer, who relaxed the traditional rule of "locus standi" (only a personally affected party can sue) so that any public-spirited person or organisation could move the court on behalf of those unable to do so themselves (e.g. undertrial prisoners, bonded labourers).
  • Hussainara Khatoon v. State of Bihar (1979) — widely regarded as India's first PIL — led to the release of thousands of undertrial prisoners in Bihar who had been in jail longer than the maximum sentence for their alleged offence, and established the right to a speedy trial as part of Article 21.
Key milestones of the Indian judiciary
  1. 1916
    Patna High Court established.
  2. 28 Jan 1950
    Supreme Court begins functioning; H. J. Kania is the first CJI.
  3. 1973
    Kesavananda Bharati case lays down the Basic Structure Doctrine.
  4. 2015
    NJAC (99th Amendment) struck down; collegium restored.

Key takeaways

  • India has a single, integrated judiciary: Supreme Court → High Courts → subordinate courts (unlike the USA’s dual system).
  • Supreme Court: Article 124, began on 28 January 1950, judges appointed by the President, retire at 65. Sanctioned strength 34 (CJI + 33). First CJI: H. J. Kania.
  • SC jurisdiction: Original (Art 131), Appellate, Advisory (Art 143); plus Judicial Review and it is a Court of Record (Art 129).
  • High Court: Article 214, judges retire at 62. Article 226 gives wider writ jurisdiction (FRs + other legal rights).
  • Remember ages: SC judge = 65, HC judge = 62. Bihar: Patna High Court established 1916.
  • Judges appointed via the Collegium System (Three Judges Cases). The NJAC (99th Amendment) was struck down in 2015.
  • Basic Structure Doctrine — Kesavananda Bharati case (1973): Parliament cannot destroy the Constitution’s basic structure.
  • PIL lets any public-spirited citizen approach the court for the public good, making justice more accessible. Pioneered by Justice P. N. Bhagwati & Justice V. R. Krishna Iyer; Hussainara Khatoon v. State of Bihar (1979) = India's first PIL, establishing the right to a speedy trial.
  • SC judge qualification: 5 yrs HC judge / 10 yrs HC advocate / distinguished jurist. HC judge: 10 yrs judicial office / 10 yrs advocate. Collegium: SC = CJI + 4 senior judges; HC = CJ + 2 senior judges. Judges removed only via Art. 124(4) (special majority in each House + President's order) — never successfully used (V. Ramaswami 1991-93, Soumitra Sen 2011). Article 222: HC judges can be transferred by the President after consulting the CJI.

Practice questions (11)

Attempt each one before opening the answer. Every explanation names the tempting wrong option as well as the right one, because that is where marks are lost.

  1. The Supreme Court of India is established under which Article of the Constitution?

    1. Article 124
    2. Article 214
    3. Article 32
    4. Article 143
    Show answer

    Answer: A — Article 124

    Article 124 establishes the Supreme Court. Article 214 deals with High Courts, Article 32 with the right to constitutional remedies, and Article 143 with advisory jurisdiction.

  2. What is the retirement age of a judge of the Supreme Court of India?

    1. 60 years
    2. 62 years
    3. 65 years
    4. 70 years
    Show answer

    Answer: C — 65 years

    A Supreme Court judge retires at 65 years, while a High Court judge retires at 62 years — a very common trap.

  3. The Patna High Court was established in which year?

    1. 1912
    2. 1916
    3. 1935
    4. 1950
    Show answer

    Answer: B — 1916

    The Patna High Court was established in 1916, making it one of the oldest High Courts in India.

  4. Under which Article can the President of India seek the advisory opinion of the Supreme Court?

    1. Article 131
    2. Article 143
    3. Article 226
    4. Article 129
    Show answer

    Answer: B — Article 143

    Article 143 gives the Supreme Court its advisory jurisdiction — the President may refer a question of law or fact for its opinion. Article 131 is original jurisdiction and Article 129 makes it a Court of Record.

  5. The Basic Structure Doctrine was laid down by the Supreme Court in which landmark case?

    1. Golaknath case (1967)
    2. Kesavananda Bharati case (1973)
    3. Minerva Mills case (1980)
    4. Maneka Gandhi case (1978)
    Show answer

    Answer: B — Kesavananda Bharati case (1973)

    In the Kesavananda Bharati case (1973), the Supreme Court held that Parliament can amend the Constitution but cannot destroy its basic structure.

  6. The National Judicial Appointments Commission (NJAC), created by the 99th Amendment, was struck down by the Supreme Court in:

    1. 2010
    2. 2013
    3. 2015
    4. 2018
    Show answer

    Answer: C — 2015

    In 2015 the Supreme Court struck down the NJAC (99th Amendment) and restored the Collegium System for appointing judges.

  7. Consider the following statements:
    1. India has a dual court system, with separate courts for central and state laws like the USA.
    2. The Supreme Court stands at the apex of India’s integrated judiciary.
    Which is/are correct?

    1. Only 1
    2. Only 2
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    Answer: B — Only 2

    Statement 1 is wrong — India has a single, integrated judiciary, not a dual system like the USA. Statement 2 is correct — the Supreme Court is at the apex.

  8. Consider the following statements:
    1. Article 226 gives High Courts a wider writ jurisdiction than the Supreme Court’s Article 32.
    2. Article 32 can be used only for the enforcement of Fundamental Rights.
    Which is/are correct?

    1. Only 1
    2. Only 2
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    Answer: C — Both 1 and 2

    Both are correct. Article 226 is wider because High Courts issue writs for Fundamental Rights and other legal rights, whereas Article 32 covers only Fundamental Rights.

  9. A judge of the Supreme Court or a High Court can be removed only on the ground of:

    1. Loss of majority support in Parliament
    2. Proved misbehaviour or incapacity, under Article 124(4)
    3. A simple majority vote in the Lok Sabha alone
    4. An order of the Chief Justice of India
    Show answer

    Answer: B — Proved misbehaviour or incapacity, under Article 124(4)

    Under Article 124(4), a judge can be removed only for proved misbehaviour or incapacity, through a motion passed by a special majority in each House of Parliament separately, followed by a presidential order.

  10. Which case is widely regarded as India's first Public Interest Litigation (PIL)?

    1. Kesavananda Bharati v. State of Kerala
    2. Hussainara Khatoon v. State of Bihar
    3. Maneka Gandhi v. Union of India
    4. S. R. Bommai v. Union of India
    Show answer

    Answer: B — Hussainara Khatoon v. State of Bihar

    Hussainara Khatoon v. State of Bihar (1979) is regarded as India's first PIL — it secured the release of undertrial prisoners in Bihar jailed longer than their maximum possible sentence, and established the right to a speedy trial under Article 21.

  11. The Collegium that recommends appointments to the Supreme Court consists of the CJI and how many senior-most judges?

    1. 2
    2. 3
    3. 4
    4. 5
    Show answer

    Answer: C — 4

    The Supreme Court Collegium consists of the CJI plus the 4 senior-most judges of the Supreme Court. A High Court Collegium consists of its Chief Justice plus 2 senior-most judges of that High Court.