Unit 1: Judiciary
The Constitution of India establishes a single integrated system of judiciary. It distributes law-enacting power between Centre and States but administers both through a unified court hierarchy.
A. Structure & Hierarchy
A.I.i. Supreme Court (Apex Court)
Located in New Delhi. Succeeded the Federal Court of India (1937) and the Privy Council.
A.I.ii. High Courts
Highest judicial body at State level. Covers one or more states.
A.II. Salient Features
Common Law: Reliance on judicial precedents (stare decisis).
Adversarial Model: Judge as a neutral "Umpire." Two opposing sides present evidence via advocates.
A.III. Legal Officers in India
| Office | Article | Primary Role |
|---|---|---|
| Attorney General | Art. 76 | Advisor to Union; Speak in Parliament (No vote). |
| Advocate General | Art. 165 | Highest legal officer of a State. |
B. Roles and PIL Cases
Ganges Pollution: Directed closure of polluting tanneries.
Vehicular Pollution: Mandated CNG for public transport in Delhi.
Oleum Gas Leak: Established the Absolute Liability principle.
C. Appointment & Removal
SC Collegium: CJI + 4 senior-most judges.
HC Collegium: CJI + 2 senior-most judges.
Impeachment: "100/50 Signatures - Special 2/3 Majority"
E. Judicial Review & Evolution
Shankari Prasad (1951): Parliament can amend Fundamental Rights.
Golaknath (1967): Parliament cannot amend Fundamental Rights.
Kesavananda Bharati (1973): Established Basic Structure Doctrine.
Minerva Mills (1980): Judicial Review confirmed as Basic Feature.
S.R. Bommai (1994): Secularism and Federalism are Basic Structure.
Self-Test MCQs
Q1. Which Article provides for the Advisory Jurisdiction of the Supreme Court?
