CUET UG Political Science: Indian Constitution - Judiciary, Supreme Court, Judicial Review, PILs, Collegium

Must-Know

• Article 124 establishes the Supreme Court of India; it came into force on January 26, 1950.
• The Supreme Court has original, appellate, and advisory jurisdiction under Articles 131, 132–136, and 143 respectively.
• The minimum number of judges required to sit on a Constitution Bench is five (Article 145(3)).
• The Supreme Court can declare a law unconstitutional through judicial review, derived from Article 13(2) and reinforced in Kesavananda Bharati v. State of Kerala (1973).
• Judicial review is part of the Basic Structure doctrine, established in Kesavananda Bharati case (1973).
• Public Interest Litigation (PIL) was introduced in the 1980s; first major case: Hussainara Khatoon v. State of Bihar (1979), which addressed undertrial prisoners' rights.
• PIL allows any citizen to file a petition for the enforcement of public rights; locus standi is relaxed.
• The Collegium system for judicial appointments evolved through the "Three Judges Cases": S.P. Gupta v. Union of India (1981), Supreme Court Advocates-on-Record Association v. Union of India (1993), and Re: Presidential Reference (1998).
• As per the Second Judges Case (1993), the Chief Justice of India (CJI) must consult a collegium of four senior-most judges for Supreme Court appointments.
• The National Judicial Appointments Commission (NJAC) was struck down in 2015 (Supreme Court Advocates-on-Record Association v. Union of India) as violating judicial independence.
• The Supreme Court has power to punish for contempt under Article 129.
• The current strength of Supreme Court judges is 34 (1 CJI + 33 others), as per Parliament’s amendment in 2019 (originally 26 under Article 124(1)).
• The first woman judge of the Supreme Court was Justice M. Fathima Beevi, appointed in 1989.
• The President appoints Supreme Court judges under Article 124(2), based on CJI's recommendation via Collegium.
• The Supreme Court can issue writs under Article 32 for enforcement of Fundamental Rights.
• In Minerva Mills v. Union of India (1980), the Court reinforced that judicial review is part of the Basic Structure.
• The Supreme Court's decision in Maneka Gandhi v. Union of India (1978) expanded the scope of Article 21 (right to life and personal liberty).
• The PIL in MC Mehta v. Union of India led to the closure of polluting industries in Delhi.
• The Supreme Court has advisory jurisdiction under Article 143; e.g., it was used in the 1994 case on the Babri Masjid dispute.
• The Collegium recommends names for appointment, but the President can send back the recommendation for reconsideration (not reject outright).

Difficulty Level

Intermediate — Requires understanding of landmark cases, articles, and evolution of doctrines like judicial review and collegium, but facts are directly from NCERT Class 11 and 12 Polity textbooks.

Common CUET Traps

• Trap: Believing that the Constitution originally provided for PIL. Avoid: PIL evolved through judicial interpretation in the 1980s, not part of original Constitution.
• Trap: Thinking NJAC replaced the Collegium system. Avoid: NJAC was struck down in 2015; Collegium system continues.
• Trap: Confusing advisory jurisdiction (Article 143) with binding decisions. Avoid: Supreme Court’s advisory opinion under Article 143 is not binding on the President.

Practice MCQs

1. Question: Under which Article does the Supreme Court have the power to issue writs for the enforcement of Fundamental Rights?
   A. Article 139
   B. Article 32
   C. Article 226
   D. Article 129
   Answer: B
   Explanation: Article 32 grants the Supreme Court the right to issue writs for enforcement of Fundamental Rights.
   Why others fail: Article 226 gives this power to High Courts, not the Supreme Court.

2. Question: Which case established that judicial review is part of the Basic Structure of the Constitution?
   A. Golaknath v. State of Punjab
   B. Kesavananda Bharati v. State of Kerala
   C. Minerva Mills v. Union of India
   D. Maneka Gandhi v. Union of India
   Answer: B
   Explanation: Kesavananda Bharati (1973) laid down the Basic Structure doctrine, including judicial review.
   Why others fail: Minerva Mills (1980) reinforced it, but Kesavananda was the origin.

3. Question: What is the minimum number of judges required for a Constitution Bench in the Supreme Court?
   A. 3
   B. 5
   C. 7
   D. 9
   Answer: B
   Explanation: Article 145(3) mandates at least five judges for cases involving a substantial question of constitutional law.
   Why others fail: Larger benches (7 or 9) are formed for major cases, but minimum is 5.

4. Question: Which of the following correctly describes the composition of the Supreme Court Collegium for appointments?
   A. CJI + 2 senior-most judges
   B. CJI + 3 senior-most judges
   C. CJI + Law Minister + 2 senior judges
   D. CJI + 4 senior-most judges
   Answer: D
   Explanation: After the Second Judges Case (1993), the collegium consists of the CJI and four senior-most judges.
   Why others fail: Option B is a common confusion; it was initially three, but now it's four plus CJI.

5. Question: The National Judicial Appointments Commission (NJAC) was declared unconstitutional by the Supreme Court in which year?
   A. 2013
   B. 2014
   C. 2015
   D. 2016
   Answer: C
   Explanation: NJAC was struck down in October 2015 in Supreme Court Advocates-on-Record Association v. Union of India.
   Why others fail: 2014 was when NJAC was passed; 2015 is when it was invalidated.

Last-Minute Revision

• Supreme Court established under Article 124.
• First CJI: H.J. Kania (1950).
• PIL: relaxed locus standi; Hussainara Khatoon (1979) was early case.
• Judicial review: not explicit, but from Article 13(2) and Basic Structure.
• Kesavananda Bharati (1973): Basic Structure doctrine born.
• Minerva Mills (1980): struck down unlimited amendment power.
• Maneka Gandhi (1978): expanded Article 21.
• Collegium: CJI + 4 senior judges.
• NJAC struck down in 2015 — verify from NCERT.
• Article 32: right to constitutional remedies.
• Article 131: original jurisdiction in inter-state disputes.
• Article 139: Parliament can empower other courts with writ jurisdiction.
• Article 143: advisory jurisdiction — President can seek opinion.
• Article 129: Supreme Court is a court of record.
• First woman SC judge: Fathima Beevi (1989).
• Current SC strength: 34 — verify from NCERT.
• S.P. Gupta case (1981): executive dominance in appointments.
• Second Judges Case (1993): Collegium system born.
• MC Mehta cases: landmark environmental PILs.
• Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto — "HMP CQ".