This article covers SSC Polity Judiciary of India PPT Slides (भारत की न्यायपालिका), part of the Complete Foundation Batch PPT Series at slideshareppt.net. The Judiciary chapter is one of the most important for SSC CGL, CHSL, CPO, and MTS exams. Questions are asked on SC jurisdiction (original, appellate, advisory, writ), appointment and removal of judges, independence of judiciary, the collegium system, landmark cases, High Courts, Judicial Review, and PIL. This article covers the entire 139-slide PPT with all exam-critical details.
SSC Polity Judiciary of India PPT Slides (LEC #13)
Note: Above is PPT in GOOGLE SLIDES (HTML AND IFRAME COMBINATION) and if you wish to download the Complete SSC series (PPT slides), Simply visit this redirect page – REDIRECT PAGE.
1. Indian Judiciary – Structure and Features
India has an integrated single judicial system – one hierarchy of courts for the whole country
Supreme Court at the apex → High Courts in states → District Courts → Subordinate Courts
Unlike USA (separate federal and state judicial systems), India has one unified judiciary
The judiciary is independent of the executive and legislature – a key feature of the Constitution
The Supreme Court was established on 26 January 1950; replaced the Federal Court of India (set up under GoI Act 1935)
Independence of judiciary is a part of the Basic Structure of the Constitution (Kesavananda Bharati 1973)
2. Key Constitutional Articles – Judiciary
Article
Subject
Article 124
Establishment and constitution of Supreme Court; appointment of CJI and judges
Article 125
Salaries etc. of SC judges
Article 126
Appointment of acting CJI
Article 127
Appointment of ad hoc judges of SC
Article 128
Attendance of retired judges at sittings of SC
Article 129
SC to be a court of record
Article 130
Seat of Supreme Court – Delhi (or other place as CJI with President’s approval decides)
Article 131
Original jurisdiction of SC
Article 132
Appellate jurisdiction – constitutional matters
Article 133
Appellate jurisdiction – civil matters
Article 134
Appellate jurisdiction – criminal matters
Article 134A
Certificate for appeal to SC
Article 135
Jurisdiction of existing Federal Court to be exercised by SC
Article 136
Special leave to appeal (SLP) – SC can grant SLP from any judgment of any court/tribunal
Article 137
Review of judgments or orders by SC
Article 138
Enlargement of jurisdiction of SC
Article 139
Conferment on SC of powers to issue certain writs
Article 141
Law declared by SC shall be binding on all courts within India
Article 142
Enforcement of decrees and orders of SC; SC may make any order to do complete justice
Article 143
Power of President to consult SC (advisory jurisdiction)
Article 144
Civil and judicial authorities to act in aid of SC
Article 214
High Courts for states
Article 215
HC to be a court of record
Article 216
Constitution of HCs
Article 217
Appointment and conditions of office of HC judges
Article 226
Power of HC to issue writs (broader than SC – for any legal right, not just FRs)
Article 227
Power of superintendence of HC over all courts in the state
Article 233
Appointment of district judges
3. Supreme Court of India – Composition and Appointment
Composition – Article 124
Supreme Court consists of: Chief Justice of India (CJI) + not more than 33 other judges
Total current strength: 34 judges (CJI + 33); Parliament can increase this number by law
Original strength in 1950: CJI + 7 judges; gradually increased to current 34
Appointment of Judges – Article 124(2)
Every SC judge appointed by the President of India
Consultation: President consults CJI and other SC judges as President deems necessary
For appointment of judges other than CJI: consultation with CJI is mandatory
Collegium System (since 1993): appointments decided by CJI + 4 senior-most SC judges
NJAC (National Judicial Appointments Commission) set up by 99th Amendment 2014 – struck down by SC in 2015
Collegium system continues to operate
Qualifications – Article 124
Must be a citizen of India
AND must have been a judge of one or more High Courts for 5 years continuously
OR must have been an advocate of one or more High Courts for 10 years continuously
OR must be a distinguished jurist in the opinion of the President
No minimum age prescribed; maximum age (retirement): 65 years
Oath – Article 124(6)
Every SC judge takes oath before the President or person appointed by President
Oath: to uphold the Constitution; faithfully discharge duties; do right to all manner of people in accordance with Constitution and law without fear or favour, affection or ill-will
4. Removal of SC and HC Judges – Article 124(4)
The removal process for judges is deliberately made very difficult to ensure judicial independence:
Step
Details
1. Notice
A motion for removal must be signed by: 100 members of Lok Sabha OR 50 members of Rajya Sabha
2. Introduction
Motion introduced in either House of Parliament
3. Investigation
If motion admitted, Speaker/Chairman refers to a 3-member committee: CJI or SC judge + Chief Justice of an HC + a distinguished jurist
4. Committee report
If committee finds judge guilty, report submitted to Parliament
5. Voting in each House
Each House must pass the address by: majority of total membership of that House AND 2/3 of members present and voting
6. President’s order
President then removes the judge on the basis of this address
7. No impeachment in India
No judge of SC or HC has ever been removed through this process in India’s history
Grounds for removal: proved misbehaviour OR incapacity
No SC or HC judge has ever been removed through this process in India’s history
Justice V. Ramaswami (1993) – only SC judge against whom impeachment motion was moved; motion failed in LS
5. Independence of the Judiciary – Safeguards
Feature of Independence
Constitutional Provision
Security of tenure
Judges cannot be removed except by very difficult impeachment process (Article 124(4))
Fixed service conditions
Salaries, allowances, leave, pension fixed by Parliament; cannot be varied to disadvantage after appointment
Salary from CFI
SC judges’ salaries charged to Consolidated Fund of India – not subject to Parliamentary vote
No practice after retirement
SC judges cannot plead in any court/authority in India after retirement (Article 124(7))
Power to punish for contempt
Protects court’s authority and dignity
Freedom of appointment
SC judges appointed by President in consultation with CJI – executive cannot pack court easily
No discussion on judges’ conduct
Article 121 – No discussion in Parliament on conduct of SC/HC judge in discharge of duties (only during removal proceedings)
Transfer of HC judges
President can transfer HC judge after consultation with CJI – to maintain independence
Retirement age fixed
SC: 65 years; HC: 62 years – gives long tenure; cannot be reduced
6. Jurisdiction of the Supreme Court
Jurisdiction
Article
Details
Original Jurisdiction
131
Exclusive jurisdiction in disputes: (a) between GoI and one or more states; (b) between GoI and states on one side and other states on other; (c) between two or more states; Must involve question of law or fact on which existence of legal right depends
Appellate – Constitutional
132
Appeal from any HC judgment if HC certifies it involves substantial question of law as to interpretation of Constitution
Appellate – Civil
133
Appeal from HC in civil proceedings if HC certifies: substantial question of law of general importance; SC should decide it
Appellate – Criminal
134
Appeal from HC: (a) HC reversed acquittal and sentenced to death; (b) HC withdrew case from subordinate court and convicted; (c) HC certifies case fit for appeal to SC
Special Leave Petition (SLP)
136
SC may grant special leave to appeal from any judgment, decree, order, sentence of any court or tribunal in India (except military tribunals); discretionary power; most wide-ranging jurisdiction
Advisory Jurisdiction
143
President can refer questions of law or fact of public importance to SC for opinion; SC’s opinion is not binding on President
Review Jurisdiction
137
SC can review its own judgment or order; petition must be filed within 30 days; before same bench; on grounds of error apparent on face of record
Curative Petition
—
Filed after review dismissed; last resort; very rare; can be heard by larger bench
Writ Jurisdiction
32
Issue writs for enforcement of Fundamental Rights only (5 writs)
Court of Record
129
SC judgments are records of permanent authority; cannot be questioned in any court; has power to punish for contempt
7. Supreme Court vs High Court – Comparison
Feature
Supreme Court
High Court
Established by
Article 124
Article 214
Location
New Delhi (Article 130)
State capital (one HC per state; some states share)
Judges
CJI + max 33 other judges (total 34) – Parliament can increase
Chief Justice + other judges as President may specify
Appointment
President in consultation with CJI and SC judges (Article 124(2))
President in consultation with CJI, Governor, Chief Justice of that HC (Article 217)
Qualification
Citizen + 5 years as HC judge OR 10 years as HC advocate OR distinguished jurist
Citizen + 10 years as judicial officer OR 10 years as HC advocate
Retirement age
65 years (Article 124(2))
62 years (Article 217(1))
Removal
By Parliament: address by each House (special majority of 2/3 present + voting AND majority of total membership) + President’s order
Same procedure as SC judges (Article 217 read with Article 124(4))
Salary
Charged to Consolidated Fund of India
Charged to Consolidated Fund of respective State
Writ jurisdiction
Article 32 – only for enforcement of Fundamental Rights; 5 writs
Article 226 – for enforcement of FRs AND any other legal right; wider than SC
Original jurisdiction
Article 131 – disputes between Centre and States or between States (exclusive)
Original civil and criminal jurisdiction in some matters
Appellate jurisdiction
Appeals from HCs; SLP from any court (Article 136)
Appeals from subordinate courts
Advisory jurisdiction
Article 143 – President can seek SC’s opinion on law or fact of public importance
President in consultation with CJI, Governor of state, and Chief Justice of that HC
Retirement age
62 years
Salary charged to
Consolidated Fund of the State (not CFI)
Writ jurisdiction (Article 226)
Wider than SC – can issue writs for FRs AND for any other legal right; can issue against any person/authority
Supervisory jurisdiction (Article 227)
HC has superintendence over all courts and tribunals in the state (except military courts)
Transfer of HC judges
President can transfer HC judge from one HC to another after consulting CJI
Largest HC by judges
Allahabad High Court
First HC established
Calcutta HC (1862); also Bombay HC and Madras HC in same year
Important High Courts to Remember for SSC
Calcutta High Court – oldest (established 1862); also Bombay and Madras HCs in 1862
Allahabad High Court – largest in terms of judges and pending cases
Bombay HC – jurisdiction over Maharashtra, Goa, Dadra & Nagar Haveli, Daman & Diu
Guwahati HC – covers Assam, Nagaland, Mizoram, Arunachal Pradesh
Punjab and Haryana HC at Chandigarh – covers Punjab, Haryana, and UT of Chandigarh
Jammu & Kashmir and Ladakh HC – established after bifurcation of J&K in 2019
SSC Polity Judiciary of India PPT Slides (LEC #13)
9. Judicial Review and Public Interest Litigation (PIL)
Concept
Details
Judicial Review
Power of courts (especially SC) to examine the constitutional validity of legislative and executive actions; declare them void if they violate the Constitution
Source in Constitution
Articles 13, 32, 131–136, 141, 142, 226, 227
Borrowed from
USA (American Constitution – implied; explicitly established by Marbury v. Madison 1803)
Scope in India
SC can review: Central and State laws; Constitutional amendments (subject to Basic Structure); executive orders and actions
Basic Structure Doctrine
Kesavananda Bharati Case 1973 – SC held Parliament cannot amend basic structure even under Article 368; Judicial Review is itself part of basic structure
PIL – Public Interest Litigation
Any person can approach SC/HC on behalf of public interest without being directly affected; widened scope of judicial review; began in India in 1979 (Hussainara Khatoon case)
Judicial Activism
Courts taking proactive steps to enforce rights and correct legislative/executive failures; through PIL, suo motu cognizance, creative interpretation
Judicial Restraint
Courts limiting themselves to interpreting law; not making policy; deferring to elected bodies
PIL – Key Points for SSC
Public Interest Litigation (PIL) = any public-spirited citizen can approach SC or HC to seek justice for public interest
The petitioner need not be the aggrieved party
Started in India by Justice P.N. Bhagwati and Justice V.R. Krishna Iyer in late 1970s
First PIL: Hussainara Khatoon v. State of Bihar (1979) – prison conditions and undertrial prisoners
PIL can be filed by: letter, postcard, email addressed to CJI; formal petition under Article 32 (SC) or Article 226 (HC)
PILs have addressed: environment (M.C. Mehta cases), bonded labour, child labour, women’s rights, corruption
Article 32 – SC can suo motu take cognizance (on its own, without anyone filing a case)
10. Collegium System and NJAC
Three Judges Cases
First Judges Case 1982 (S.P. Gupta Case) – SC held Government has primacy in judicial appointments; CJI’s recommendation not binding
Second Judges Case 1993 – SC overruled First Judges Case; CJI has primacy; collegium system begins – CJI consults 2 senior-most SC judges
Third Judges Case 1998 – Presidential Reference under Article 143; SC held collegium = CJI + 4 senior-most SC judges
99th Constitutional Amendment 2014 and NJAC
99th Amendment 2014 created the National Judicial Appointments Commission (NJAC)
NJAC: CJI + 2 senior-most SC judges + Union Law Minister + 2 eminent persons
SC struck down NJAC Act in 2015 (Supreme Court Advocates-on-Record Association case)
Held: NJAC violates independence of judiciary which is part of basic structure
Collegium system continues to operate as law of the land
11. Landmark Supreme Court Cases – Most Important for SSC
Case
Year
Significance
A.K. Gopalan v. State of Madras
1950
Narrow interpretation of FRs; each right is separate
Shankari Prasad v. Union of India
1951
Parliament can amend Fundamental Rights
Berubari Union Case
1960
Preamble not part of Constitution
Golak Nath v. State of Punjab
1967
Parliament cannot amend Fundamental Rights
Kesavananda Bharati v. State of Kerala
1973
Basic Structure Doctrine; Parliament can amend but not destroy basic structure
Indira Gandhi v. Raj Narain
1975
Free and fair elections are part of basic structure
Maneka Gandhi v. Union of India
1978
Article 21 procedure must be fair, just, reasonable; FRs are interconnected
Minerva Mills v. Union of India
1980
Balance between FRs and DPSPs is basic structure; extended Article 31C struck down
S.P. Gupta v. Union of India
1982
‘First Judges Case’ – Government has primacy in judicial appointments
Supreme Court Advocates-on-Record Association v. Union of India
1993
‘Second Judges Case’ – CJI has primacy; collegium system established
In re: Special Reference 1 of 1998
1998
‘Third Judges Case’ – collegium of CJI + 4 senior-most SC judges
S.R. Bommai v. Union of India
1994
Secularism is basic structure; SC review of President’s Rule under Article 356
Vishaka v. State of Rajasthan
1997
SC laid down guidelines on sexual harassment at workplace; PIL
Justice K.S. Puttaswamy v. Union of India
2017
Right to Privacy is Fundamental Right under Article 21 (9-judge bench)
Supreme Court Advocates-on-Record Association (NJAC Case)
2015
SC struck down 99th Amendment and NJAC Act; reaffirmed collegium system
12. Tribunals – Article 323A and 323B
Article 323A (added by 42nd Amendment 1976) – Parliament can set up Administrative Tribunals for adjudication of service matters relating to persons in public service
Article 323B (added by 42nd Amendment 1976) – Parliament or state legislatures can set up tribunals for other matters (taxation, foreign exchange, industry, elections, etc.)
Central Administrative Tribunal (CAT) – set up under Administrative Tribunals Act 1985; deals with service matters of central government employees
National Green Tribunal (NGT) – set up under NGT Act 2010; deals with environmental cases; has original and appellate jurisdiction
Income Tax Appellate Tribunal (ITAT) – deals with income tax disputes
NCLT (National Company Law Tribunal) – deals with company law matters
Tribunals reduce burden on regular courts and provide speedy justice in specialised areas
