Master10
Law, Judiciary & Legal Awareness Module

Supreme Court & High Courts Jurisdiction

India features an integrated judicial hierarchy with the Supreme Court of India at the apex, established under Article 124 of the Constitution. The Supreme Court exercises original jurisdiction under Article 131 over federal disputes, appellate jurisdiction under Articles 132–134 in constitutional, civil, and criminal appeals, and discretionary Special Leave Petition (SLP) powers under Article 136. Under Article 141, the law declared by the Supreme Court is binding on all courts across India. High Courts, governed under Articles 214–231, possess supervisory and judicial authority within their respective states. Crucially, High Courts exercise broader writ jurisdiction under Article 226 for fundamental rights and any other legal purpose, compared to the Supreme Court's fundamental-rights-focused writ jurisdiction under Article 32.

Key Concepts & Examination Highlights

  • Article 124 governs the establishment and constitution of the Supreme Court of India, which was inaugurated on January 28, 1950.
  • The Supreme Court exercises original exclusive jurisdiction over inter-governmental disputes between the Union and States under Article 131.
  • Article 32 enables citizens to move the Supreme Court directly for Fundamental Rights enforcement, while Article 226 grants writ powers to High Courts.
  • Article 141 stipulates that the law declared by the Supreme Court is binding on all courts within the territory of India.
  • The Calcutta High Court, established on July 1, 1862, under the High Courts Act of 1861, is the oldest High Court in India.
  • India currently has 25 High Courts, with the Telangana High Court and Andhra Pradesh High Court being established in 2019 following state bifurcation.
  • Under Article 227, every High Court exercises superintendence over all courts and subordinate tribunals throughout the territories in relation to which it exercises jurisdiction.
  • Article 137 empowers the Supreme Court to review any judgment pronounced or order made by it to rectify patent errors of law.
  • A High Court judge can be removed from office by the President following an address presented by Parliament under the Judges (Inquiry) Act, 1968.
  • The writ of 'Habeas Corpus' literally translates to 'to have the body of' and is issued to secure the release of a person unlawfully detained.
  • The writ of 'Quo-Warranto' is issued to enquire into the legality of the claim which a party asserts to a public office and to oust an unauthorized occupant.
  • The Indian High Courts Act of 1861 authorized the British Crown to establish High Courts in Calcutta, Bombay, and Madras, replacing the Supreme Courts and Sadar Adalats.
  • The Allahabad High Court, originally established at Agra in 1866 as the High Court of Judicature for the North-Western Provinces, was shifted to Allahabad in 1869.
  • Under Article 231, Parliament has the legislative power to establish a common High Court for two or more States or for two or more States and a Union Territory.
  • A person is qualified for appointment as a High Court judge if they are an Indian citizen and have held a judicial office for 10 years or practiced as an advocate in a High Court for 10 years.
  • Unlike the Supreme Court under Article 124(3), the Constitution does not provide for the appointment of a 'distinguished jurist' as a judge of a High Court under Article 217.
  • In the L. Chandra Kumar case (1997), the Supreme Court ruled that judicial review under Articles 226 and 227 is a basic feature of the Constitution and cannot be excluded by administrative tribunals.
  • Article 228 allows a High Court to withdraw a case pending in a subordinate court if it involves a substantial question of law regarding the interpretation of the Constitution.
  • Subordinate courts in India are regulated under Part VI (Articles 233 to 237) of the Constitution, with District Judges appointed by the Governor in consultation with the High Court.
  • The District Judge exercises both civil and criminal jurisdiction, designated as the 'District Judge' when presiding over civil matters and 'Sessions Judge' for criminal trials.
  • Lok Adalats are statutory alternative dispute resolution forums established under the Legal Services Authorities Act, 1987, whose awards carry the status of a civil court decree and allow no appeal.
  • Gram Nyayalayas were established under the Gram Nyayalayas Act, 2008, as mobile grassroots courts headed by a Nyayadhikari with the status of a First Class Judicial Magistrate.
  • Fast Track Courts (FTCs) were recommended by the Eleventh Finance Commission in 2000 to expedite the disposal of long-pending sessions cases and crimes against women.
  • The National Judicial Data Grid (NJDG) is an online database created under the e-Courts project that tracks case pendency and disposal across Supreme Court, High Courts, and district courts in real time.
  • Article 225 preserves the general jurisdiction and powers of the pre-existing High Courts, subject to constitutional provisions and laws made by appropriate legislatures.
  • The Calcutta High Court, established on July 1, 1862, under the High Courts Act 1861, is the oldest High Court in India.
  • The Bombay High Court and Madras High Court were established shortly after Calcutta in August 1862 under the Indian High Courts Act, 1861.
  • There are currently 25 High Courts in India, with the Andhra Pradesh High Court at Amaravati established on January 1, 2019, being the 25th High Court.
  • Article 214 mandates that there shall be a High Court for each State, though Article 231 empowers Parliament to establish a common High Court for two or more States and a Union Territory.
  • The High Court of Punjab and Haryana at Chandigarh serves both Punjab and Haryana as well as the Union Territory of Chandigarh.
  • The Gauhati High Court has territorial jurisdiction over four northeastern states: Assam, Nagaland, Mizoram, and Arunachal Pradesh.
  • The Bombay High Court's territorial jurisdiction covers Maharashtra, Goa, and the Union Territory of Dadra and Nagar Haveli and Daman and Diu.
  • Article 217 provides that High Court judges are appointed by the President after consultation with the CJI, the Governor of the State, and the Chief Justice of that High Court.
  • A High Court judge holds office until attaining the age of 62 years under Article 217(1), as raised from 60 years by the 15th Constitutional Amendment Act, 1963.
  • High Court judges take their oath before the Governor of the State under Article 219 according to the Third Schedule.
  • Under Article 226, High Courts have broad power to issue writs for the enforcement of Fundamental Rights as well as for 'any other purpose', giving it wider textual scope than Article 32.
  • Article 227 grants every High Court powers of superintendence over all subordinate courts and statutory tribunals within its territorial jurisdiction.
  • Under Article 215, High Courts are Courts of Record with all the powers of such a court including the power to punish for contempt of itself.
  • Article 222 empowers the President, after consultation with the Chief Justice of India, to transfer a judge from one High Court to any other High Court.
  • Salaries and allowances of High Court judges are charged upon the Consolidated Fund of the State, whereas their pensions are charged upon the Consolidated Fund of India under Article 112(3)(d)(iii).
  • The subordinate judiciary is governed by Articles 233 to 237 in Part VI of the Constitution, with District Judges appointed by the Governor in consultation with the High Court.
  • The Administrative Tribunals Act, 1985, enacted under Article 323A, established the Central Administrative Tribunal (CAT) to adjudicate disputes regarding recruitment and service conditions of public servants.
  • In L. Chandra Kumar v. Union of India (1997), the Supreme Court held that the writ jurisdiction of High Courts under Articles 226/227 and Supreme Court under Article 32 is a basic feature and cannot be excluded by tribunals.
  • The National Company Law Appellate Tribunal (NCLAT) was constituted under Section 410 of the Companies Act, 2013, to hear appeals from NCLT orders and Competition Commission of India decisions.
  • The National Green Tribunal (NGT) was established under the National Green Tribunal Act, 2010, for effective and expeditious disposal of cases relating to environmental protection and conservation.
  • Lok Adalats are statutory alternative dispute resolution forums established under the Legal Services Authorities Act, 1987, whose awards are non-appealable and deemed equivalent to civil court decrees.
  • Permanent Lok Adalats were introduced under Section 22B of the Legal Services Authorities Act by the 2002 amendment for pre-litigation settlement of disputes concerning public utility services.
  • Gram Nyayalayas were established under the Gram Nyayalayas Act, 2008, to provide speedy and inexpensive access to justice at the grassroots village level.
  • The National Legal Services Authority (NALSA), headed by the Chief Justice of India as Patron-in-Chief and a senior SC Judge as Executive Chairman, monitors free legal aid under Article 39A.
  • The High Courts of Delhi and Jammu & Kashmir and Ladakh are the only High Courts exercising jurisdiction specifically over Union Territories having independent High Courts.
Curriculum & Reference Sources: Constitution of India (Articles 124-147, 214-231), Supreme Court of India Official Portal, Department of Justice

Sample Solved Questions & Concept Explanations

8 Verified Concept Questions
Q1.HARD

Under which Article of the Constitution of India is the Supreme Court established as a 'Court of Record', possessing the power to punish for contempt of itself?

Q2.EASY

Under which Article of the Constitution can an aggrieved citizen approach the Supreme Court directly for the enforcement of Fundamental Rights?

Q3.EASY

Which Article of the Constitution empowers the High Courts to issue prerogative writs for the enforcement of Fundamental Rights and for any other purpose?

Q4.EASY

Which is the oldest High Court established in India, formally inaugurated on 2 July 1862?

Q5.EASY

What is the retirement age for a Judge of the Supreme Court of India as prescribed under Article 124(2) of the Constitution?

Q6.EASY

What is the retirement age for a Judge of a High Court in India as prescribed under Article 217(1) of the Constitution?

Q7.EASY

How many total High Courts currently function across India?

Q8.EASY

Under the Legal Services Authorities Act, 1987, who serves as the ex-officio Patron-in-Chief of the National Legal Services Authority (NALSA)?