UPSC GS Paper II Judiciary Supreme Court Composition Jurisdiction Judicial Review

Must‑Know

• Article 124(1) – Supreme Court established under Constitution; consists of Chief Justice of India (CJI) and up to 33 judges (as of 2023 amendment), originally 8.
• Judges appointed by President under Article 124(2) – after consultation with CJI and such judges of SC and HCs as deemed necessary; in practice, Collegium system evolved.
• Collegium system – not in original Constitution; emerged through Three Judges Cases (1981, 1993, 1998); gives primacy to CJI in judicial appointments.
• First CJI – H.J. Kania (1950–1951); served during SC’s inaugural year.
• Original jurisdiction under Article 131 – exclusive jurisdiction in disputes between Union and States, or between States; e.g., Special Reference No. 1 of 2020 (GNCTD vs Union of India).
• Writ jurisdiction under Article 32 – right to move SC for enforcement of Fundamental Rights; called “heart and soul” of Constitution by Dr. Ambedkar.
• Advisory jurisdiction under Article 143 – President may seek opinion on legal or factual questions; e.g., 1993 opinion on Babri Masjid dispute.
• Appellate jurisdiction – under Articles 132–136; includes constitutional, civil, criminal, and special leave appeals.
• Special Leave Petition (SLP) under Article 136 – discretionary power to grant leave to appeal from any judgment of any court/tribunal (except military tribunals).
• Public Interest Litigation (PIL) – expanded under Justice P.N. Bhagwati in S.P. Gupta v. Union of India (1981); allows locus standi for public-spirited individuals.
• Judicial Review – implicit in Constitution; derived from Articles 13, 32, 136, 141, 226; enables SC to strike down unconstitutional laws.
• Article 13 – laws inconsistent with or in derogation of Fundamental Rights shall be void; basis for judicial review of pre- and post-constitutional laws.
• Doctrine of Basic Structure – propounded in Kesavananda Bharati v. State of Kerala (1973); Parliament cannot amend basic features of Constitution.
• Minerva Mills v. Union of India (1980) – reinforced basic structure; struck down parts of 42nd Amendment that excluded judicial review from judicial scrutiny.
• Indira Gandhi v. Raj Narain (1975) – applied basic structure to electoral disputes; held free and fair elections as part of basic structure.
• Judicial Review of Ordinances – SC can examine if ordinance-making power under Article 123 was misused; D.C. Wadhwa v. State of Bihar (1986).
• Binding precedent under Article 141 – law declared by SC binding on all courts in India; e.g., Vishaka v. State of Rajasthan (1997) laid down sexual harassment guidelines.
• Contempt of Court – SC has power under Article 129; includes civil and criminal contempt; clarified in Shreya Singhal v. Union of India (2015) regarding free speech limits.
• Transfer of judges – under Article 222; President transfers HC judges after consultation with CJI; used in sensitive postings.
• Review Petition – under Article 137; SC can review its own judgments; not appeal but re-examination on limited grounds; e.g., review of NJAC judgment (2016).
• Curative Petition – evolved in Rupa Ashok Hurra v. Ashok Hurra (2002); last judicial remedy against miscarriage of justice; rarest of rare cases.
• Seat of Supreme Court – Delhi (Article 130); can sit elsewhere only with President’s approval and CJI’s recommendation.
• Permanent Seat – only in Delhi; no other benches currently functional (earlier proposals for Chennai, Kolkata not implemented).
• National Judicial Appointments Commission (NJAC) – established by 99th Amendment (2014); struck down in Supreme Court Advocates-on-Record Association v. Union of India (2015) as violating basic structure.
• Supreme Court Rules, 2013 – govern procedure, filing, listing, and conduct of cases; issued under Article 145.

Difficulty Level

Intermediate – requires understanding of constitutional provisions, evolution through case law, and interplay between judiciary and other branches.

Common UPSC Traps

Trap: The President appoints Supreme Court judges independently – Fact: Appointment requires consultation with CJI and other judges; in practice, Collegium recommends names (Article 124(2), Three Judges Cases).
Trap: Supreme Court has original jurisdiction in all inter-state disputes – Fact: Only in disputes involving legal rights; political or water-sharing disputes may require consent for SC to intervene (e.g., Cauvery Tribunal).
Trap: Judicial Review is explicitly mentioned in the Constitution – Fact: Not explicitly stated; derived from Articles 13, 32, 226, and 141 (Kesavananda Bharati case).
Trap: PIL can be filed for any public issue without standing – Fact: SC may dismiss frivolous PILs; guidelines evolved post-2010 to prevent misuse (e.g., in In Re: Maintenance of Efficiency and Discipline in Judiciary, 2018).
Trap: The Supreme Court can punish for contempt only during ongoing proceedings – Fact: Contempt power under Article 129 is inherent and perpetual; applies even post-judgment if authority of court is undermined.

Practice MCQs

Question: Which of the following statements best reflects the doctrine of 'Basic Structure' as established by the Supreme Court of India?
A) It empowers Parliament to amend any part of the Constitution with a special majority.
B) It allows the President to refer constitutional questions to the Supreme Court under Article 143.
C) It limits Parliament’s amending power by protecting certain core features of the Constitution.
D) It mandates the formation of a National Judicial Appointments Commission for judge selections.
Answer: C
Explanation: The doctrine, established in Kesavananda Bharati (1973), holds that while Parliament has wide amending power, it cannot alter the 'basic structure' of the Constitution.
Why others fail: A describes normal amendment procedure under Article 368 but ignores the judicial limitation imposed by basic structure.

Question: Under which Article does the Supreme Court have the power to issue directions, orders, or writs for the enforcement of Fundamental Rights?
A) Article 139
B) Article 32
C) Article 226
D) Article 143
Answer: B
Explanation: Article 32 grants the right to move the Supreme Court for enforcement of Fundamental Rights and empowers it to issue writs.
Why others fail: C (Article 226) applies to High Courts, not SC; A is a UK-derived provision not in Indian Constitution.

Question: The concept of 'Public Interest Litigation' (PIL) in India was significantly expanded by the Supreme Court in which case?
A) Maneka Gandhi v. Union of India (1978)
B) S.P. Gupta v. Union of India (1981)
C) Minerva Mills v. Union of India (1980)
D) A.K. Gopalan v. State of Madras (1950)
Answer: B
Explanation: S.P. Gupta case liberalized locus standi, allowing public-spirited individuals to file PILs on behalf of marginalized groups.
Why others fail: A expanded Article 21 but did not deal with PIL per se; D upheld narrow interpretation of personal liberty.

Question: Which of the following correctly describes the advisory jurisdiction of the Supreme Court?
A) It is binding on the President and must be acted upon.
B) It can be exercised only in matters related to inter-state water disputes.
C) It is exercised under Article 143 when the President seeks the Court’s opinion.
D) It allows the Court to review decisions of the Election Commission.
Answer: C
Explanation: Article 143 empowers the President to seek the Supreme Court’s opinion on questions of law or fact of public importance.
Why others fail: A is incorrect because advisory opinions are not binding; B is false as water disputes are typically referred to tribunals.

Question: The Curative Petition in the Supreme Court is filed:
A) To challenge a High Court judgment directly
B) To review a judgment already reviewed by the Court
C) To seek reconsideration of a final judgment on grounds of gross miscarriage of justice
D) To appeal against an ordinance issued by the President
Answer: C
Explanation: Curative Petition, recognized in Rupa Ashok Hurra (2002), is an extraordinary remedy to prevent abuse of process or grave injustice.
Why others fail: B describes a Review Petition; C is correct; A is covered by SLP under Article 136.

Question: Which of the following cases established that the power of judicial review is part of the basic structure of the Constitution?
A) I.R. Coelho v. State of Tamil Nadu (2007)
B) Minerva Mills v. Union of India (1980)
C) Kesavananda Bharati v. State of Kerala (1973)
D) Waman Rao v. Union of India (1981)
Answer: B
Explanation: Minerva Mills held that judicial review is a basic feature and cannot be excluded even by constitutional amendment.
Why others fail: C established basic structure doctrine but did not explicitly state judicial review as part of it; A dealt with Ninth Schedule but reaffirmed Minerva Mills.

Question: The transfer of High Court judges is governed by which Article of the Constitution?
A) Article 124
B) Article 217
C) Article 222
D) Article 224
Answer: C
Explanation: Article 222 provides for the transfer of judges from one High Court to another by the President after consultation with the CJI.
Why others fail: B deals with appointment of HC judges; A with SC judges; D with appointment of additional/acting judges.

Last‑Minute Revision

• ⚠️ Supreme Court established on January 26, 1950.
• ⚠️ Maximum number of SC judges: 34 (1 CJI + 33); increased from 31 in 2019.
• First woman judge: Justice Fathima Beevi (1989).
• First woman CJI: Justice B.V. Nagarathna (expected in 2027).
• ⚠️ Three Judges Cases: 1981, 1993, 1998 – defined Collegium system.
• ⚠️ Kesavananda Bharati (1973) – basic structure doctrine.
• Minerva Mills (1980) – judicial review + balance between FRs and DPSPs as basic features.
• ⚠️ NJAC struck down in 2015 – 99th Amendment invalidated.
• ⚠️ Article 32 is itself a Fundamental Right.
• ⚠️ PIL originated in India; not in original Constitution.
• ⚠️ SLP under Article 136 – no appeal as of right.
• ⚠️ Contempt power: Article 129 (SC), Article 215 (HCs).
• ⚠️ Review Petition: Article 137; Curative Petition: Rupa Hurra case (2002).
• ⚠️ Seat of SC: Delhi (Article 130); no permanent benches elsewhere.
• ⚠️ Advisory jurisdiction: Article 143; non-binding.
• ⚠️ Original jurisdiction: Article 131; disputes between states/Union.
• ⚠️ Writ jurisdiction: SC – Article 32; HC – Article 226.
• ⚠️ Judicial Review: not explicit; derived from multiple Articles.
• ⚠️ First CJI: H.J. Kania.
• ⚠️ Landmark case on electoral fairness: Indira Gandhi v. Raj Narain (1975).
• ⚠️ Doctrine of Prospective Overruling: used in Kesavananda case – new interpretation applies only prospectively.
• ⚠️ Supreme Court Rules, 2013 – govern procedural aspects.
• ⚠️ Transfer of HC judges: Article 222.
• ⚠️ Binding precedent: Article 141.
• ⚠️ 42nd Amendment (1976) tried to limit judicial review; struck down in Minerva Mills.
• ⚠️ 99th Amendment (2014) – NJAC; struck down in 2015.