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Judiciary
Political Science / Civics
Useful for: OSSC RHT — Regular High School Teacher, OSEPA Upper Primary — Arts, OSSC Political Science, OSSSC Govt TGT Arts, SSB Lecturer (Degree Colleges), SSB TGT Arts
Overview
The Supreme Court is the guardian of the Constitution, with original, appellate, advisory and writ jurisdiction and the power of judicial review.
Key points
- Appointments follow the collegium system from the Second (1993) and Third (1998) Judges cases; the NJAC was struck down in 2015.
- Original jurisdiction (Article 131) covers disputes between the Centre and states.
- Advisory jurisdiction (Article 143) lets the President seek the Court’s opinion; the opinion is not binding.
- Article 141: law declared by the Supreme Court binds all courts; Article 142 allows orders for "complete justice".
- Judicial review flows from Articles 13, 32 and 226; the basic structure doctrine limits amendments.
- Review (Article 137) and curative petitions (Rupa Ashok Hurra, 2002) allow reconsideration of final judgments.
Explanation
- Judges retire at 65; removal needs a special majority in both Houses on proved misbehaviour or incapacity.
- Public interest litigation relaxed locus standi from the late 1970s.
- High Courts’ writ jurisdiction (Article 226) is wider than the Supreme Court’s (Article 32).
- The Supreme Court is a court of record (Article 129) and can punish for contempt.
- Judicial activism versus judicial restraint is a recurring theme.
Step by step
- Identify the concept, law or fact asked.
- Recall the definition, formula, example or year.
- Apply it and eliminate mismatched options.
Examples
- Statement: "The advisory opinion under Article 143 binds the President." → Incorrect.
- Statement: "The NJAC was struck down by the Supreme Court in 2015." → Correct.
- Statement: "Article 142 empowers the Court to pass orders for complete justice." → Correct.
Traps and advanced points
- Trap: Calling advisory opinions binding.
- Trap: Mixing Articles 32 and 226 scope.
- Trap: Thinking the collegium is in the constitutional text.
Quick revision
- Collegium: 1993, 1998; NJAC struck 2015.
- Arts 131, 141, 142, 143.
- Curative petition 2002.
Practice MCQs
The Chief Justice of India is appointed by the —
- Prime Minister
- President
- Parliament
- Law Minister
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Answer: (b) President. The President appoints the judges of the Supreme Court.
Original jurisdiction of the Supreme Court in Centre–state disputes is under —
- Article 131
- Article 143
- Article 32
- Article 226
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Answer: (a) Article 131. Article 131.
Advisory jurisdiction is under —
- Article 137
- Article 131
- Article 141
- Article 143
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Answer: (d) Article 143. President seeks opinion; not binding.
Law declared by the Supreme Court binds all courts under —
- Article 13
- Article 141
- Article 142
- Article 32
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Answer: (b) Article 141. Article 141.
Orders for "complete justice" are under —
- Article 141
- Article 142
- Article 143
- Article 131
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Answer: (b) Article 142. Article 142.
Review of its own judgments is under —
- Article 124
- Article 137
- Article 131
- Article 226
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Answer: (b) Article 137. Article 137.
Curative petitions arose from —
- Kesavananda (1973)
- Minerva Mills (1980)
- Bommai (1994)
- Rupa Ashok Hurra (2002)
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Answer: (d) Rupa Ashok Hurra (2002). Rupa Ashok Hurra.
The collegium system arose from the —
- Kesavananda
- First Judges case
- Second (1993) and Third (1998) Judges cases
- NJAC case only
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Answer: (c) Second (1993) and Third (1998) Judges cases. Second and Third Judges cases.
The NJAC was struck down in —
- 2020
- 2005
- 2010
- 2015
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Answer: (d) 2015. 2015.
High Courts issue writs under —
- Article 143
- Article 32
- Article 226
- Article 131
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Answer: (c) Article 226. Article 226.
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Notes and questions are written by Kundali IQ for practice. They are not official papers; always check the latest official notification for the syllabus and pattern.