📖 Introduction
The Judiciary is one of the three pillars of the Indian democratic system (the other two
being the Legislature and the Executive). It is the guardian of the Constitution and the protector of the
fundamental rights of citizens. India has a unified (integrated) judicial system — meaning
all courts form a single hierarchy with the Supreme Court at the top.
📷 Image: Hierarchy of Indian Courts
A pyramid diagram showing the hierarchy: Supreme Court at top → High Courts → District
Courts → Subordinate Courts at the base.
AI Prompt: "Create a clean educational pyramid diagram for ICSE Class 10 students
showing the Hierarchy of Indian Courts. From top to bottom: 1) Supreme Court (dark blue, at the apex),
2) High Courts (medium blue), 3) District Courts / Sessions Courts (teal), 4) Subordinate / Magistrate
Courts (light blue, at the base). Add brief descriptions for each level. Label it 'Integrated Judicial
System of India'. Professional school notes style."
📷 Image: The Supreme Court of India Building – New Delhi
A photograph or illustration of the Supreme Court of India building in New Delhi,
showing the imposing circular colonnade architecture and the 'Yato Dharma Tato Jaya' inscription on the
wall, representing justice and the rule of law.
AI Prompt: "Create a detailed, realistic illustration of the Supreme Court of India
building in New Delhi. Show the grand circular colonnade facade with tall pillars, a well-maintained
lawn in front, and the Indian national flag flying at the top. The scene should be set in bright
daylight. Add a label at the bottom: 'Supreme Court of India – New Delhi (Established 28 January 1950)'.
Style: educational, professional, clean, suitable for ICSE Class 10 civics notes. Navy blue and white
color theme."
🏛️ PART A: The Supreme Court of India
The Supreme Court of India is the highest court of the land and the final
court of appeal. It was established on 28 January 1950 (the day after India became a
Republic) and is located in New Delhi. It functions under Articles 124–147
of the Indian Constitution.
1. Composition of the Supreme Court
- The Supreme Court consists of the Chief Justice of India (CJI) and other
judges.
- Originally, there were only 7 judges. Parliament can increase this number by passing a
law.
- Currently, the Supreme Court has the Chief Justice + 33 other judges = 34 judges in
total.
2. Qualifications of Judges of the Supreme Court
A person can be appointed as a judge of the Supreme Court if they:
- Are a citizen of India.
- Have been a Judge of a High Court for at least 5 years, OR
- Have been an advocate (lawyer) in a High Court for at least 10 years,
OR
- Are in the opinion of the President, a distinguished jurist (legal expert).
💡 Note on Retirement Age
Judges of the Supreme Court retire at the age of
65 years. (High Court judges retire at
62 years.)
3. Appointment of Judges
- The Chief Justice of India and all other judges of the Supreme Court are appointed by the
President of India.
- The President appoints the Chief Justice in consultation with such judges of the
Supreme Court and High Courts as they deem necessary.
- Other judges are appointed by the President in consultation with the Chief Justice of
India and other judges.
4. Independence of the Judiciary
The Constitution makes special provisions to keep the judiciary independent of both the
Executive and the Legislature. This is essential for fair and impartial justice.
| Provision |
How it Ensures Independence |
| Security of Tenure |
Judges cannot be removed easily — only by a difficult impeachment process requiring 2/3rd
majority of both Houses of Parliament separately. |
| Fixed Salaries |
Salaries of Supreme Court judges are charged to the Consolidated Fund of India — they are NOT
subject to Parliament's vote, so no political pressure. |
| No Practice after Retirement |
After retirement, a Supreme Court judge cannot practice law in any court in India —
prevents bias towards future employers. |
| Conduct Cannot be Discussed |
The conduct of a judge cannot be discussed in Parliament except during the Removal/Impeachment
motion. |
| Power to Punish for Contempt |
The Supreme Court can punish anyone (including government ministers) for contempt of court —
ensures its orders are respected. |
5. Jurisdiction and Functions of the Supreme Court
The Supreme Court exercises six main types of jurisdiction (powers). These are the most
important topics from the ICSE exam perspective.
A. Original Jurisdiction (Article 131)
Meaning: Cases that come directly to the Supreme Court for the first time — no
lower court has heard them first.
- The Supreme Court has exclusive (sole) original jurisdiction over disputes between:
- The Union Government and one or
more States.
- Two or more States (inter-state
disputes).
- Example: If two states fight over river water sharing (e.g., the Cauvery water dispute between Karnataka
and Tamil Nadu), they can go directly to the Supreme Court.
B. Appellate Jurisdiction (Articles 132–136)
Meaning: The Supreme Court hears appeals against the decisions of lower courts
(mainly High Courts).
- Constitutional Cases (Article 132): Appeals from High Courts in cases involving a
substantial question of law related to the interpretation of the Constitution.
- Civil Cases (Article 133): Appeals from High Courts in civil cases if the High Court
certifies that the case involves a substantial question of law.
- Criminal Cases (Article 134): Appeals from High Courts in criminal cases where a High
Court has reversed an acquittal and sentenced the accused to death.
- Special Leave Petition — SLP (Article 136): The Supreme Court can grant special leave
to appeal from any court or tribunal in India. This is the Supreme Court's most wide-ranging appellate
power.
C. Advisory Jurisdiction (Article 143)
Meaning: The President of India can seek the opinion of the Supreme Court on any
question of law or fact of public importance.
- The Supreme Court may or may not give its opinion — it is not compelled to.
- The opinion of the Supreme Court is NOT binding on the President — the President can
accept or reject it.
- This jurisdiction is unique — no similar provision exists in the USA or UK.
D. Revisory Jurisdiction (Article 137)
Meaning: The Supreme Court can review and revise its own previous judgments or
orders.
- This is important because if the Supreme Court makes an error, there is no higher court to correct it —
so it must be able to correct itself.
- Such a review petition must generally be filed within 30 days of the original judgment.
E. Judicial Review
Meaning: The Supreme Court has the power to examine whether any law passed by Parliament or
any action of the executive is consistent with the Constitution. If not, it can declare it
null and void (ultra vires).
- This makes the Supreme Court the guardian of the Constitution.
- Judicial Review ensures that no branch of government (Parliament or the Cabinet) can violate the
Constitution.
- The Supreme Court also has the power to protect Fundamental Rights of citizens through
Article 32 (the right to move the Supreme Court).
⚠️ Examiner's Favourite!
The difference between
Judicial Review (SC examines laws for constitutional validity) and
Revisory Jurisdiction (SC reviews its own past judgments) is frequently asked.
F. Court of Record (Article 129)
Meaning: The Supreme Court is a Court of Record — meaning its judgments and proceedings are
officially recorded and preserved. These records serve as precedents for all lower courts.
- All courts in India are bound to follow the decisions of the Supreme Court (the
principle of stare decisis — let the decision stand).
- As a Court of Record, the Supreme Court also has the power to punish for contempt of
court — anyone who disrespects or disobeys the Court can be punished.
6. Writ Jurisdiction (Article 32) – Enforcement of Fundamental Rights
The Supreme Court can issue writs (orders) to protect the Fundamental Rights of citizens.
Article 32 itself is a Fundamental Right — the right to constitutional remedies. Dr. B.R. Ambedkar called
Article 32 "the heart and soul of the Constitution."
| Writ |
Meaning |
Used When |
| Habeas Corpus |
"You may have the body" – the court orders that a person unlawfully detained must be brought
before it |
Unlawful arrest or detention |
| Mandamus |
"We command" – orders a public official or body to perform a public duty they have failed to
perform |
When a government officer refuses to do their duty |
| Prohibition |
"Stop/Forbid" – prevents a lower court or tribunal from exceeding its jurisdiction |
When lower court acts beyond its prescribed powers |
| Certiorari |
"To be certified" – quashes (cancels) an order passed by a lower court acting beyond
jurisdiction or illegally |
Cancel an illegal order of a lower court |
| Quo Warranto |
"By what authority?" – challenges a person's right to hold a public office |
When someone illegally occupies a public office |
🧠 Memory Trick for 5 Writs:
Habeas Corpus ·
Mandamus ·
Prohibition ·
Certiorari ·
Quo Warranto
Remember: "
Hello
My
Poor
Cat
Quacks!"
📷 Image: The 5 Constitutional Writs – Visual Summary Card
A visual comparison card showing all 5 writs (Habeas Corpus, Mandamus, Prohibition,
Certiorari, Quo Warranto) with their Latin meanings, what situations they are used in, and a simple icon
for each.
AI Prompt: "Create a colorful educational visual reference card for ICSE Class 10
titled 'The 5 Constitutional Writs of India'. Show 5 individual colored boxes (one for each writ):
1. HABEAS CORPUS (blue) – Meaning: 'You may have the body' – Used for: Unlawful arrest/detention – Icon:
Chain being broken
2. MANDAMUS (green) – Meaning: 'We command' – Used for: When public officer refuses to do duty – Icon:
Gavel commanding
3. PROHIBITION (orange) – Meaning: 'Forbid/Stop' – Used for: Lower court exceeding jurisdiction – Icon:
Stop sign
4. CERTIORARI (purple) – Meaning: 'To be certified' – Used for: Cancel illegal order of lower court –
Icon: Document with X
5. QUO WARRANTO (red) – Meaning: 'By what authority?' – Used for: Challenge illegal occupation of public
office – Icon: Question mark over a chair
Clean, bright, educational design. Memory tip: HMPCQ"
🏛️ PART B: The High Courts
The High Court is the highest court of each state. It stands between the Supreme Court (at
the top) and the subordinate courts (at the bottom).
- There are currently 25 High Courts in India.
- Some High Courts have jurisdiction over more than one state or Union Territory.
- The High Court functions under Articles 214–231 of the Constitution.
1. Composition of a High Court
- Each High Court consists of a Chief Justice and a number of other
judges as determined by the President.
- There is no fixed number of judges — it varies from state to state based on the work load.
2. Qualifications of Judges of High Courts
- Must be a citizen of India.
- Must have held a judicial office in India for at least 10 years, OR
- Must have been an advocate of a High Court for at least 10 years.
- High Court judges retire at 62 years of age (compared to 65 for Supreme Court judges).
3. Appointment of High Court Judges
- The Chief Justice of a High Court is appointed by the President in
consultation with the Chief Justice of India and the Governor of that state.
- Other judges are appointed by the President after consulting the Chief Justice of
India, the Governor of the state, and the Chief Justice of the High Court.
4. Jurisdiction and Functions of High Courts
A. Original Jurisdiction
- High Courts have original jurisdiction in cases related to revenue (taxes), probate (wills),
marriage, divorce, inheritance, admiralty (sea law), and contempt of court.
- High Courts in certain major cities (like Mumbai, Kolkata) also exercise original civil and criminal
jurisdiction within those cities.
B. Appellate Jurisdiction
- A High Court hears appeals from the District Courts and other subordinate courts within the state — both
in civil and criminal matters.
C. Revisory Jurisdiction
- A High Court can revise/correct any order, decree, or judgment passed by a subordinate
court if the subordinate court has:
- Acted without jurisdiction.
- Made an error of law.
- Failed to exercise a jurisdiction vested in it.
D. Judicial Review and Court of Record
- High Courts can declare any State or Central law unconstitutional if it violates the
Constitution (Judicial Review power).
- High Courts are also Courts of Record — their judgments are preserved as precedents for
all lower courts within that state.
E. Writ Jurisdiction (Article 226) – Protection of Fundamental Rights
- Like the Supreme Court, High Courts can also issue the five writs to enforce
Fundamental Rights under Article 226.
- Key difference: The High Court's writ jurisdiction is wider than the Supreme
Court's — it can issue writs not only for Fundamental Rights but also for any other legal
right.
⚖️ PART C: Subordinate Courts
Below the High Courts are the subordinate courts — the courts that common people deal with
most frequently. The ICSE syllabus requires you to know the distinction between the District Judge's
Court and the Sessions Court.
District Court vs. Sessions Court
| Feature |
Court of the District Judge |
Sessions Court |
| Nature of Cases |
Civil cases (property disputes, contract disputes, family matters) |
Criminal cases (theft, assault, murder, etc.) |
| Presiding Officer |
District Judge |
Sessions Judge |
| Position |
Highest civil court below the High Court |
Highest criminal court below the High Court |
| Important Point |
In India, often the same person serves as both the District Judge
and the Sessions Judge — the same judge handles both civil and criminal cases in a district.
|
💡 Hierarchy of Criminal Courts (Top to Bottom)
Supreme Court → High Court → Sessions Court → Judicial Magistrate (First Class / Second Class) → Executive
Magistrate
🤝 PART D: Lok Adalats (People's Courts)
Lok Adalat literally means "People's Court." These are alternative dispute resolution
forums that help people settle disputes quickly, cheaply, and amicably (by mutual agreement), without going
through the formal court system.
Lok Adalats were established under the Legal Services Authorities Act, 1987. The first Lok
Adalat was held in Gujarat in 1982.
Features and Advantages of Lok Adalats
- Free of Cost: No court fees are charged. If a case filed in a court is settled through
a Lok Adalat, the court fee is even refunded.
- Quick Justice: Cases are settled within a single sitting or a few sittings — no lengthy
trials.
- Permanent Award: The award (decision) of a Lok Adalat is treated as a decree of
a civil court and is final and binding. It cannot be appealed in any
court.
- Voluntary Settlement: Cases are settled through compromise and mutual agreement — no
winner or loser.
- Wide Scope: Handle cases relating to Motor Accident Claims, Matrimonial cases (except
divorce), Labour Disputes, Public Utility Services (electricity, water, telephone), Land Acquisition
cases, etc.
- Reduces Burden on Courts: Helps reduce the huge backlog of cases in regular courts.
- Social Justice: Helps the poor and marginalized sections of society access justice
easily and without expensive lawyers.
📷 Image: Lok Adalat Session
An illustration or photograph of a Lok Adalat session in progress, with parties,
mediators, and a panel of judges sitting in a less formal setting than a regular courtroom.
AI Prompt: "Create an educational illustration of a Lok Adalat (People's Court)
session in India. Show a semi-formal setting with a panel of three judges/mediators at a table, and two
groups of people (representing the two sides of a dispute) sitting across from them. The atmosphere
should look cooperative and non-confrontational, unlike a formal courtroom. Add the label 'Lok Adalat –
People's Court' at the bottom. Educational illustration style, colorful, clean."
📊 Supreme Court vs High Court – Key Comparison
| Feature |
Supreme Court |
High Court |
| Position |
Apex court of India |
Highest court in each State |
| Location |
New Delhi |
State capital (one per state; some serve multiple states) |
| Composition |
CJI + 33 judges (total 34) |
Chief Justice + other judges (varies) |
| Judge Qualifications |
HC judge for 5 yrs OR advocate for 10 yrs OR distinguished jurist |
Judicial officer for 10 yrs OR advocate in HC for 10 yrs |
| Retirement Age |
65 years |
62 years |
| Writ Jurisdiction |
Article 32 (only for Fundamental Rights) |
Article 226 (for Fundamental Rights + other legal rights) |
| Precedents |
Binding on ALL courts in India |
Binding on courts within that state only |
| Advisory Jurisdiction |
Yes (Article 143) |
No |
⚖️ PART D: Subordinate Courts
Below the High Courts, there are subordinate courts at the district level that handle the
majority of cases in India. The most important distinction the ICSE syllabus requires is between the
Court of the District Judge and the Court of the Sessions Judge.
District Judge's Court vs Sessions Judge's Court
| Feature |
Court of the District Judge |
Court of the Sessions Judge |
| Nature of Cases |
Civil cases — disputes between individuals regarding property, contracts,
inheritance, divorce, etc. |
Criminal cases — trials for serious crimes like murder, robbery, assault, etc.
|
| Judge's Title |
District Judge |
Sessions Judge |
| Appointment |
Appointed by the Governor in consultation with the High Court |
Appointed by the High Court |
| Highest Punishment |
Cannot impose death penalty; gives civil decrees |
Can impose death penalty (subject to High Court confirmation) |
| Same Person? |
In most districts, the same person holds both posts and is called
the District & Sessions Judge. They handle civil cases as District Judge and
criminal cases as Sessions Judge. |
💡 Key Point
The
District Judge is the highest civil court authority in the district. The
Sessions Judge is the highest criminal court authority. Both positions are often held by
the same person, called the
District and Sessions Judge.
📝 Quick Revision – Key Facts
| Topic |
Key Fact |
| Supreme Court established |
28 January 1950 |
| Total SC judges |
34 (CJI + 33 others); Parliament can increase |
| SC judge qualifications |
HC judge (5 yrs) / HC advocate (10 yrs) / distinguished jurist |
| SC retirement age |
65 years |
| HC judge qualifications |
Judicial officer OR HC advocate for 10 years |
| HC retirement age |
62 years |
| Writ jurisdiction (SC) |
Article 32 – Fundamental Rights only |
| Writ jurisdiction (HC) |
Article 226 – Fundamental Rights + Other legal rights |
| 5 Writs |
Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto |
| Advisory Jurisdiction |
Article 143 – President can seek SC's opinion; NOT binding |
| Judicial Review |
SC/HC can declare laws unconstitutional (Ultra Vires) |
| Lok Adalat law |
Legal Services Authorities Act, 1987 |
| Lok Adalat decision |
Final and binding; no appeal; treated as civil court decree |
| First Lok Adalat |
Gujarat, 1982 |
⚠️ Most Frequently Asked in ICSE Board Exams
- What is Judicial Review? How does it make SC the guardian of the Constitution?
- Explain the five writs with their meanings.
- Difference between Original Jurisdiction and Appellate Jurisdiction of SC.
- What is Advisory Jurisdiction? Is it binding on the President?
- How are the Supreme Court judges kept independent from political influence?
- What is a Lok Adalat? Give its advantages.
- Distinguish between District Court and Sessions Court.
- Compare writ jurisdiction of SC (Article 32) with HC (Article 226).
🌟 Chapter Summary
- India has an integrated judicial system: Supreme Court → High Courts → Subordinate
Courts.
- Supreme Court has 34 judges, sits in New Delhi, judges retire at 65; has Original,
Appellate, Advisory, Revisory, Writ, Judicial Review, and Court of Record jurisdiction.
- High Courts — 25 in India; judges retire at 62; have Original, Appellate, Revisory,
Writ (Article 226), and Judicial Review jurisdiction.
- Supreme Court's writ jurisdiction (Article 32) = Fundamental Rights only; HC's (Article 226) =
Fundamental Rights + all legal rights.
- Five Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.
- District Court deals with civil cases; Sessions Court deals with
criminal cases (often same judge heads both).
- Lok Adalats settle disputes by mutual agreement — free of cost, quick, final
decision, no appeal possible.
