Indian Judiciary and Constitutional Bodies
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Why This Chapter Matters
The judiciary and the independent constitutional bodies form the backbone of accountability and rule of law in India, and SSC GD and RPF Constable exams routinely ask about the composition, appointment process, tenure, and functions of the Supreme Court, High Courts, Election Commission, CAG, UPSC, and Finance Commission. These bodies check and balance the executive and legislature, and understanding their design is essential for both the exam and basic civic literacy.
The Supreme Court of India
The Supreme Court is the apex court of the Indian judicial system and the final interpreter and guardian of the Constitution, established under Article 124. It began functioning on 26 January 1950, the same day the Constitution came into force, and sits in New Delhi.
Composition
The Supreme Court consists of the Chief Justice of India (CJI) and other judges, with the sanctioned strength determined by Parliament from time to time; the current sanctioned strength (Chief Justice plus 33 other judges, i.e., 34 total) was fixed by an amendment to the Supreme Court (Number of Judges) Act, 1956, passed in 2019. The original 1950 strength was just 8 (CJI plus 7 judges), showing how the Court has expanded to handle rising caseloads.
Appointment and Qualification of Judges
Judges of the Supreme Court are appointed by the President, following the "collegium system" — a mechanism evolved through a series of Supreme Court judgments (the "Judges Cases" of 1981, 1993, and 1998), under which the CJI, along with the four senior-most judges of the Supreme Court, recommends appointments and transfers of judges. To be appointed a judge of the Supreme Court, a person must be a citizen of India and must have been a judge of a High Court (or two or more High Courts in succession) for at least five years, or an advocate of a High Court for at least ten years, or, in the opinion of the President, a distinguished jurist.
Tenure and Removal
A Supreme Court judge holds office until the age of 65 years. A judge can resign by writing to the President, or can be removed only through the process of impeachment on the grounds of "proved misbehaviour or incapacity" — a motion must be passed by a special majority in each House of Parliament, following an inquiry by a committee under the Judges (Inquiry) Act, 1968. No judge of the Supreme Court has ever been removed through impeachment in India's history, though the process has been initiated a few times and failed to secure the required majority.
Jurisdiction of the Supreme Court
- Original Jurisdiction (Article 131) — disputes between the Government of India and one or more states, or between states themselves.
- Writ Jurisdiction (Article 32) — the Supreme Court can issue writs (habeas corpus, mandamus, prohibition, certiorari, and quo warranto) for the enforcement of Fundamental Rights; Dr. B.R. Ambedkar called Article 32 the "heart and soul" of the Constitution.
- Appellate Jurisdiction — hears appeals from High Courts in constitutional, civil, and criminal matters, and is the final court of appeal in the country.
- Advisory Jurisdiction (Article 143) — the President may seek the Supreme Court's opinion on questions of law or fact of public importance; the Court's advisory opinion is not binding.
- Court of Record (Article 129) — its proceedings and judgments are recorded for perpetual memory, and it has the power to punish for contempt of itself.
- Under Article 141, the law declared by the Supreme Court is binding on all courts within the territory of India.
High Courts
Each state has a High Court, though a common High Court can be established for two or more states (for example, the Punjab and Haryana High Court serves both states and the Union Territory of Chandigarh). High Courts are dealt with under Articles 214 to 231.
Appointment and Tenure
A High Court judge is appointed by the President, in consultation with the collegium system, and must be a citizen of India, and either an advocate of a High Court for at least ten years, or a judicial officer for at least ten years. A High Court judge holds office until the age of 62 years — five years less than the retirement age of Supreme Court judges. Like Supreme Court judges, a High Court judge can be removed only by presidential order after impeachment by Parliament on grounds of proved misbehaviour or incapacity.
Jurisdiction
- Original jurisdiction in certain matters, such as matrimonial, testamentary, and company law cases, and in enforcement of Fundamental Rights.
- Writ jurisdiction under Article 226 — notably wider than the Supreme Court's Article 32 power, since High Courts can issue writs not just for Fundamental Rights but for "any other purpose" as well.
- Appellate jurisdiction over subordinate courts within the state.
- Power of superintendence over all subordinate courts and tribunals within its territorial jurisdiction (Article 227).
Subordinate Courts
Below the High Court, each state has a hierarchy of subordinate (district) courts, dealing with civil and criminal matters at the district and lower levels — District Courts (headed by the District and Sessions Judge), and various levels of civil and criminal courts below that. Articles 233 to 237 deal with the subordinate judiciary, with appointments of District Judges made by the Governor in consultation with the High Court.
Comparative Snapshot: Supreme Court vs High Court
| Feature | Supreme Court | High Court |
|---|---|---|
| Established under | Article 124 | Article 214 |
| Retirement age | 65 years | 62 years |
| Writ jurisdiction Article | Article 32 (Fundamental Rights only) | Article 226 (Fundamental Rights and other purposes) |
| Appointment consultation | Collegium of CJI + 4 senior judges | Collegium involving CJI, SC collegium, and High Court Chief Justice |
| Location | New Delhi (single court for entire country) | One per state, or shared among states |
The Election Commission of India
The Election Commission of India (ECI) is a permanent, independent constitutional body established under Article 324, responsible for the superintendence, direction, and control of elections to Parliament, State Legislatures, and the offices of President and Vice-President. It does not conduct Panchayat or Municipal elections — those fall under the separate State Election Commissions.
Composition
The ECI originally functioned as a single-member body but has been a multi-member body since 1989-90, currently comprising the Chief Election Commissioner (CEC) and two Election Commissioners, all appointed by the President. Following the Supreme Court's 2023 constitution bench ruling and the subsequent Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the appointment is made by the President on the recommendation of a Selection Committee comprising the Prime Minister, a Union Cabinet Minister nominated by the Prime Minister, and the Leader of the Opposition in the Lok Sabha (or the leader of the largest opposition party where there is no recognized Leader of Opposition).
Tenure and Removal
The CEC and Election Commissioners hold office for a term of six years, or until the age of 65 years, whichever is earlier. The CEC can be removed only through the same impeachment process applicable to a Supreme Court judge, giving that office significant security of tenure and independence from executive pressure; other Election Commissioners can be removed by the President on the recommendation of the CEC.
Functions
- Preparation and periodic revision of electoral rolls.
- Notification of election schedules, and supervision of the entire election process from nomination to counting.
- Recognition of political parties and allotment of election symbols.
- Enforcement of the Model Code of Conduct during elections.
- Regulation of election expenditure and disqualification of candidates for corrupt practices.
Comptroller and Auditor General of India (CAG)
The CAG, established under Article 148, is the guardian of the public purse and audits the accounts of the Union and State Governments, and of any body or authority substantially financed by government funds. The CAG is appointed by the President and holds office for six years or until the age of 65 years, whichever is earlier. Removal follows the same procedure as a Supreme Court judge, ensuring independence. Dr. B.R. Ambedkar described the CAG as "the most important officer under the Constitution," since the entire financial system depends on this office's integrity.
Functions of the CAG
- Audits all expenditure from the Consolidated Fund of India and of each state, and the Contingency Fund and Public Account.
- Audits the accounts of government companies and corporations as per applicable laws.
- Submits audit reports relating to the accounts of the Union to the President, who causes them to be laid before Parliament; similarly, state reports are submitted to the Governor for placement before the State Legislature.
- The Public Accounts Committee of Parliament examines the CAG's reports in detail.
Union Public Service Commission (UPSC)
The UPSC, established under Article 315, is the central recruiting agency for the country, responsible for conducting examinations for appointments to All India Services (like IAS and IPS) and Central Civil Services and posts.
Composition
The UPSC consists of a Chairman and other members appointed by the President; the Constitution does not fix the number of members, leaving it to the President's discretion. Members hold office for a term of six years or until the age of 65 years, whichever is earlier. Removal of the Chairman or a member on grounds of misbehaviour is only after an inquiry by the Supreme Court, which the President is bound to accept.
Functions
- Conducts examinations for appointment to All India Services and Central Services (Civil Services Examination, Engineering Services Examination, Combined Defence Services Examination, and others).
- Advises the government on matters relating to recruitment methods, and on disciplinary matters affecting a civil servant.
- Every state also has its own State Public Service Commission (SPSC), functioning analogously at the state level under Article 315, for recruitment to state civil services.
Finance Commission
The Finance Commission, constituted by the President every five years (or earlier, if necessary) under Article 280, is a quasi-judicial body that recommends the distribution of tax revenues between the Union and the States, and among the States themselves.
Composition
The Finance Commission consists of a Chairman and four other members, appointed by the President, whose qualifications are determined by Parliament through law (the Finance Commission (Miscellaneous Provisions) Act, 1951).
Functions
- Recommends the distribution of net proceeds of taxes between the Union and the States, and the allocation among the States (vertical and horizontal devolution).
- Recommends principles governing grants-in-aid to states from the Consolidated Fund of India.
- Recommends measures to augment the resources of Panchayats and Municipalities in a state, based on State Finance Commission recommendations.
- Recommends any other matter referred to it by the President in the interest of sound finance.
The Finance Commission's recommendations are advisory in nature, but by convention, governments have generally accepted them, giving the institution great practical authority in Centre-State fiscal relations. It should not be confused with the NITI Aayog, which is not a constitutional body but a policy think tank set up by executive resolution in 2015, replacing the Planning Commission.
Attorney General of India
The Attorney General, appointed under Article 76, is the highest law officer of the country, appointed by the President, and must be qualified to be a judge of the Supreme Court. The Attorney General advises the Government of India on legal matters and represents the Government in the Supreme Court. The Attorney General has the right to speak and take part in the proceedings of both Houses of Parliament, or any joint sitting, without a right to vote, since the office is not a member of the House.
National Human Rights Commission (NHRC)
Unlike the bodies discussed above, the NHRC is a statutory body, not a constitutional one — it was established under the Protection of Human Rights Act, 1993, not by the Constitution itself. It consists of a Chairperson (who should be a retired Chief Justice of India or a Judge of the Supreme Court) and other members, and functions as a watchdog on human rights violations, investigating complaints and recommending remedial action, though its recommendations are also not binding on the government.
Judicial Review and Public Interest Litigation
Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders, and to strike them down if they violate the Constitution. This power is implicit in several Articles, including Articles 13, 32, 131-136, 143, 226, and 246, and is regarded as part of the "basic structure" of the Constitution, meaning even a constitutional amendment cannot take it away — a principle laid down in the landmark Kesavananda Bharati case (1973), where a 13-judge bench of the Supreme Court held that Parliament's power to amend the Constitution under Article 368 does not extend to altering its basic structure.
Public Interest Litigation (PIL) is a distinctively Indian judicial innovation from the late 1970s and early 1980s, pioneered by judges like Justice P.N. Bhagwati and Justice V.R. Krishna Iyer, which relaxed the traditional rule of "locus standi" (that only an aggrieved party can approach the court) to allow any public-spirited citizen or organization to move the court on behalf of those unable to do so themselves — typically the poor, marginalized, or voiceless. PILs can be filed directly in the Supreme Court under Article 32 or in a High Court under Article 226, and have been used to address issues ranging from environmental protection to prison reform to bonded labour.
Writs Explained
Both the Supreme Court (Article 32) and High Courts (Article 226) can issue five types of writs for enforcement of rights:
| Writ | Meaning/Purpose |
|---|---|
| Habeas Corpus | "To have the body" — produces a detained person before the court to examine the legality of detention |
| Mandamus | "We command" — directs a public authority to perform a duty it is legally obligated to perform |
| Prohibition | Issued by a higher court to a lower court/tribunal, prohibiting it from continuing proceedings beyond its jurisdiction |
| Certiorari | Quashes an order already passed by a lower court/tribunal that acted beyond its jurisdiction |
| Quo Warranto | "By what authority" — questions the legality of a person's claim to a public office |
Tribunals
Article 323A and 323B, inserted by the 42nd Amendment, 1976, allow Parliament to set up Administrative Tribunals and other tribunals for adjudication of disputes relating to specific matters, such as service matters, taxation, and land reforms, in order to reduce the burden on regular courts and provide specialized, speedier justice. The Central Administrative Tribunal (CAT), set up under the Administrative Tribunals Act, 1985, adjudicates disputes relating to recruitment and service conditions of persons in public services and posts under the Union.
Key Facts at a Glance
- Supreme Court established under Article 124; current sanctioned strength is CJI plus 33 judges (34 total).
- Retirement age: Supreme Court judges — 65 years; High Court judges — 62 years.
- Article 32 (writ jurisdiction, Supreme Court) called the "heart and soul" of the Constitution by Dr. B.R. Ambedkar.
- Article 226 gives High Courts wider writ jurisdiction than the Supreme Court's Article 32.
- Election Commission of India established under Article 324; CEC and Election Commissioners have a 6-year term or up to age 65.
- CAG (Article 148) audits Union and State accounts; called the "most important officer under the Constitution" by Ambedkar.
- UPSC (Article 315) is the central recruiting body for All India and Central Civil Services.
- Finance Commission (Article 280) constituted every 5 years to recommend Union-State revenue sharing.
- NITI Aayog is NOT a constitutional body — it is a policy think tank set up by executive resolution in 2015.
- NHRC is a statutory body under the Protection of Human Rights Act, 1993 — not established by the Constitution.
- Removal of CJI, SC/HC judges, CEC, and CAG all follow the same impeachment-style process for "proved misbehaviour or incapacity."
Practice MCQs
- Under which Article was the Supreme Court of India established?
- (a) Article 32
- (b) Article 124
- (c) Article 148
- (d) Article 214
- What is the retirement age of a Supreme Court judge in India?
- (a) 60 years
- (b) 62 years
- (c) 65 years
- (d) 70 years
- Which Article gives the Supreme Court power to issue writs for enforcement of Fundamental Rights?
- (a) Article 32
- (b) Article 226
- (c) Article 143
- (d) Article 131
- What is the retirement age of a High Court judge?
- (a) 58 years
- (b) 60 years
- (c) 62 years
- (d) 65 years
- The Election Commission of India was established under which Article?
- (a) Article 315
- (b) Article 280
- (c) Article 324
- (d) Article 148
- Who is described by Dr. B.R. Ambedkar as "the most important officer under the Constitution"?
- (a) The Attorney General
- (b) The Chief Election Commissioner
- (c) The Comptroller and Auditor General
- (d) The Chief Justice of India
- The Union Public Service Commission is established under which Article?
- (a) Article 280
- (b) Article 315
- (c) Article 324
- (d) Article 76
- How often is the Finance Commission of India constituted?
- (a) Every 2 years
- (b) Every 3 years
- (c) Every 5 years
- (d) Every 10 years
- Which body replaced the Planning Commission in 2015?
- (a) Finance Commission
- (b) NITI Aayog
- (c) UPSC
- (d) NHRC
- The National Human Rights Commission was established under which law?
- (a) The Constitution of India directly
- (b) Protection of Human Rights Act, 1993
- (c) Right to Information Act, 2005
- (d) Representation of the People Act, 1951
- Who appoints the Attorney General of India?
- (a) The Chief Justice of India
- (b) The Prime Minister
- (c) The President
- (d) The Law Minister
- Which writ jurisdiction is wider — that of the Supreme Court or the High Courts?
- (a) Supreme Court, under Article 32
- (b) High Courts, under Article 226
- (c) Both are identical in scope
- (d) Neither court has writ jurisdiction