BPSC commonly changes one numerical or institutional detail: 65 into 62 years, five years of High Court judgeship into ten, President into Governor, original jurisdiction into advisory jurisdiction, or Article 226 into Article 32. Learn every court through five boxes: composition, appointment, qualification/tenure, jurisdiction and administrative control.
This chapter explains the institutional structure. The five writs, public-interest litigation and tribunals receive separate detailed treatment in the next topic; here they appear only where necessary to compare Supreme Court and High Court powers.
3. Constitutional article map
Articles
Area
Recall cue
124–128
Supreme Court composition, judges, acting/ad hoc and retired judges.
Who sits
129–130
Court of record and seat of Supreme Court.
Status and place
131–140
Original, appellate, special-leave, review and additional jurisdiction.
What it hears
141–144
Binding law, complete justice, presidential reference and authorities acting in aid.
Effect of decisions
145–147
Rules, staff/expenses and interpretation.
Internal working
214–224A
High Courts, judges, transfer, additional/acting and retired judges.
State-level superior court
225–231
High Court jurisdiction, writs, superintendence, staff, Union territories and common High Court.
Powers and reach
233–237
District judges, other judicial service, High Court control and definitions.
Subordinate judiciary
4. Supreme Court: composition, seat and benches
Feature
Rule
Prelims caution
Composition
Chief Justice of India and not more than 33 other judges: sanctioned strength 34 since the 2019 amendment to the judges-strength law.
The Constitution originally mentioned CJI plus up to seven others and allowed Parliament to enlarge the number.
Appointment
President appoints every judge by warrant under hand and seal within the constitutionally operative consultation/collegium framework.
Neither Parliament nor the CJI alone formally appoints.
Seat
Delhi, or another place appointed by the CJI with President's approval under Article 130.
Changing the place is not the same as creating another Supreme Court.
Constitution Bench
At least five judges decide a case involving a substantial question of law as to constitutional interpretation or hear an Article 143 reference.
Every constitutional reference does not require all judges of the Court.
Court of record
Article 129; records possess recognised authority and the Court has power to punish for contempt of itself.
High Courts are also courts of record under Article 215.
5. Appointment system: constitutional text and current position
The President is the formal appointing authority. Judicial decisions beginning with the Judges Cases developed the collegium system, under which senior judges collectively make judicial appointment recommendations. The responsibility to initiate a Supreme Court appointment proposal rests with the Chief Justice of India under the existing Memorandum of Procedure; High Court proposals originate with the concerned High Court Chief Justice in consultation with its two senior-most puisne judges.
The 99th Constitutional Amendment and National Judicial Appointments Commission Act attempted to replace the collegium. In Supreme Court Advocates-on-Record Association v. Union of India (2015), the Supreme Court invalidated the amendment and Act for violating the basic structure; the prior appointment system revived. Therefore a current question should not describe the NJAC as the operating appointment body.
6. Supreme Court judge: qualification and tenure
Point
Constitutional position
Citizenship
Must be a citizen of India.
Judicial route
At least five years as a judge of one or more High Courts in succession.
Advocacy route
At least ten years as an advocate of one or more High Courts in succession.
Jurist route
A distinguished jurist in the opinion of the President; no previous judgeship is textually required for this route.
Retirement
65 years.
Resignation
Writing addressed to the President.
Post-retirement practice
A former Supreme Court judge cannot plead or act in any court or before any authority within India.
7. Removal of a Supreme Court or High Court judge
8. Supreme Court jurisdiction
Jurisdiction/power
Article
Scope
Exclusive federal original jurisdiction
131
Specified Union–State or inter-State disputes involving the existence or extent of a legal right, subject to constitutional exclusions.
Fundamental-right enforcement
32
Original power to issue directions, orders and writs for enforcement of Fundamental Rights.
Constitutional appeals
132
Appeal from a High Court where a substantial question of law as to constitutional interpretation is involved, with the required certificate framework.
Civil appeals
133
Certified substantial question of law of general importance that needs decision by Supreme Court.
Criminal appeals
134
Specified constitutional routes, with Parliament able to enlarge jurisdiction under Article 134(2).
Special leave to appeal
136
Wide discretionary special leave from a judgment/order of a court or tribunal in India; Article 136(2) excludes courts/tribunals constituted under laws relating to Armed Forces.
Review
137
Power to review its own judgments or orders, subject to law and Court rules.
Advisory
143
President may refer a question of law or fact of public importance; the Court's response is advisory, not an ordinary inter-party appeal.
9. Effects and special powers of Supreme Court decisions
10. Judicial review: source and limits
Judicial review is the power to test legislation and executive action against the Constitution and invalidate what exceeds constitutional authority. It is not located in one isolated provision. Article 13 makes rights-inconsistent laws void; Articles 32 and 226 provide remedial jurisdiction; Articles 245–246 impose legislative-competence boundaries; appellate provisions carry constitutional questions to Supreme Court. Kesavananda Bharati (1973) and later decisions recognise judicial review and judicial independence among basic-structure features.
Judicial review is not the same as an appeal on factual merits and does not make courts a substitute legislature. Courts examine constitutionality, legality, jurisdiction and prescribed standards. Parliament may amend the Constitution under Article 368, but cannot damage or destroy its basic structure.
11. Supreme Court and High Court compared
Feature
Supreme Court
High Court
Constitutional basis
Article 124; one apex court for India.
Article 214; a High Court for each State, while Article 231 permits a common High Court.
Retirement age
65.
62.
Record status
Article 129.
Article 215.
Writ reach
Article 32 for enforcement of Fundamental Rights.
Article 226 for Fundamental Rights and “any other purpose”; broader subject-matter reach.
Federal original dispute
Exclusive jurisdiction under Article 131 for specified government disputes.
No equivalent Article 131 jurisdiction.
Advisory opinion
President's reference under Article 143.
No equivalent presidential-reference power.
Binding precedent
Law declared binds all Indian courts under Article 141.
Binds subordinate courts within territorial jurisdiction; subject to Supreme Court law.
Superintendence
No general Article 227 role over all lower courts.
Article 227 supervision over courts and tribunals in its territory, subject to the Armed Forces exception.
12. High Court judges: appointment, qualification and tenure
Point
Rule
Composition
Chief Justice and such other judges as President considers necessary.
Appointment
President appoints. For Chief Justice, consultation includes CJI and Governor; for another judge, Chief Justice of that High Court is also consulted. Current recommendations operate through collegium decisions.
Qualification
Indian citizen plus at least ten years in judicial office in India, or at least ten years as advocate of a High Court or successive High Courts.
Retirement
62 years.
Resignation
Writing addressed to President.
Transfer
President may transfer a judge to another High Court after consultation with CJI under Article 222.
Additional judge
May be appointed for a period not exceeding two years for temporary increase in business or arrears; cannot continue beyond age 62.
Former permanent judge's practice
May not plead or act before any authority in India except Supreme Court and other High Courts.
13. High Court jurisdiction and administration
Article
Power
Exam point
215
Court of record and contempt power.
Not exclusive to Supreme Court.
225
Existing jurisdiction continues subject to Constitution and legislative change.
High Court powers are not derived only from Article 226.
226
Directions, orders and writs for Fundamental Rights and any other purpose; territorial/cause-of-action rules apply.
Subject-matter reach is wider than Article 32.
227
Superintendence over courts and tribunals throughout its territory, except Armed Forces courts/tribunals.
Judicial and administrative supervisory dimension.
228
May withdraw a subordinate-court case involving a substantial constitutional-interpretation question, decide it or return it after deciding that question.
Links lower courts to constitutional adjudication.
229
High Court Chief Justice appoints officers and servants, subject to specified rule/approval provisions.
Administrative independence.
230–231
Parliament may extend/exclude High Court jurisdiction over a Union territory; Parliament may establish a common High Court.
One High Court need not equal one State.
14. District and subordinate judiciary
Provision
Rule
Why it matters
Article 233
Governor appoints, posts and promotes district judges in consultation with the High Court. A direct recruit not already in Union/State service needs at least seven years as advocate/pleader and High Court recommendation.
Do not substitute State Public Service Commission for the High Court in district-judge appointment.
Article 234
Appointments to State judicial service other than district judges are made by Governor according to rules after consultation with State Public Service Commission and High Court.
Both institutions are constitutionally consulted.
Article 235
Control over district and subordinate courts—including posting, promotion and leave of district judges—is vested in High Court, subject to legal appeal rights and service conditions.
Administrative control is not vested in Governor alone.
Article 236
“District judge” includes several equivalent judicial offices; “judicial service” means service intended to fill district-judge and lower civil judicial posts.
It is a constitutional category, not merely one job title.
Article 237
Governor may, by public notification, apply these provisions to classes of magistrates with specified exceptions/modifications.
Connects separation and judicialisation of magistracy.
15. Safeguards of judicial independence
Safeguard
How it works
Security of tenure
Superior-court judges cannot be removed by ordinary executive decision; the special parliamentary process applies.
Protected service conditions
Privileges, allowances and pension rights cannot be varied to a judge's disadvantage after appointment, subject to the Constitution's Financial Emergency provision.
Charged expenditure
Judicial salaries/administrative expenses specified by Constitution are charged on the relevant Consolidated Fund and are not put to annual vote.
Conduct discussion restricted
Article 121 bars parliamentary discussion of superior-court judges' conduct except on a removal motion; Article 211 gives a corresponding State-legislature rule.
Own administration
CJI/High Court Chief Justice has constitutional control over court staff within specified rule structures.
Review and contempt powers
Constitutional review and court-of-record powers protect the judicial function and compliance with orders.
Separation at lower level
Article 50 and Articles 233–235 reduce executive control over adjudication and place subordinate-court control with High Court.
16. Bihar and Patna High Court
18. Prelims traps
19. Official PYQ status
No question is reproduced as an official BPSC PYQ because its complete wording and options were not verified from an official question booklet for this topic during preparation. The following are original BPSC-style practice questions.