Detailed Study Notes for Unit II

Unit-II: The Judiciary — Supreme Court, High Courts, Subordinate Judiciary & Judicial Independence

Article 124(2): Judges of the Supreme Court are appointed by the President after consultation with judges of the Supreme Court and High Courts as the President may deem necessary.
The Three Judges Cases & Evolution of Collegium:
- S.P. Gupta v. Union of India (First Judges Case, 1982): Held that “consultation” does not mean “concurrence,” giving primacy to the executive in judicial appointments.
- Supreme Court Advocates-on-Record Association v. Union of India (Second Judges Case, 1993): Overruled the First Judges Case and established the Collegium System, holding that consultation with the Chief Justice of India implies concurrence of a collegium of senior judges.
- Special Reference No. 1 of 1998 (Third Judges Case): Expanded the collegium to a 5-member body (CJI + 4 senior-most judges).
National Judicial Appointments Commission (NJAC) Judgment (2015): Parliament enacted the 99th Constitutional Amendment Act and NJAC Act to replace the collegium with a mixed judicial-executive commission. The Supreme Court struck down the NJAC as unconstitutional, holding that executive involvement violates the Independence of the Judiciary, a core component of the Basic Structure.

Original Jurisdiction (Article 131): Exclusive original jurisdiction in federal disputes between the Centre and one or more States, or between States inter se.
Writ Jurisdiction (Article 32): Power to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto) for the enforcement of Fundamental Rights.
Appellate Jurisdiction:
- Constitutional Matters (Article 133 / 134): Appeals from High Court judgments involving substantial questions of law as to the interpretation of the Constitution.
- Criminal Matters (Article 134): Appeals where a High Court has reversed an acquittal and sentenced a person to death or life imprisonment.
- Special Leave to Appeal (Article 136): Discretionary appellate jurisdiction allowing the Supreme Court to grant special leave to appeal from any judgment or order passed by any court/tribunal in India.
Advisory Jurisdiction (Article 143): Power of the President to consult the Supreme Court on questions of law or fact of public importance.
Court of Record (Article 129): Power to punish for its own contempt (civil or criminal contempt).

Appointment: High Court 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.
Transfer (Article 222): The President may transfer a judge from one High Court to any other High Court after consulting the Chief Justice of India.
Writ Jurisdiction (Article 226): High Courts possess wider writ jurisdiction than the Supreme Court, as they can issue writs not only for the enforcement of Fundamental Rights but also “for any other purpose” (including statutory and ordinary legal rights) within their territorial jurisdiction.

Appointment of District Judges (Article 233): Made by the Governor of the State in consultation with the High Court exercising jurisdiction over that state.
Control over Subordinate Courts (Article 235): Control over district courts and subordinate courts (including posting, promotion, and grant of leave) is vested entirely in the High Court.

Pillars of Independence: Security of tenure (removal only by parliamentary impeachment under Article 124(4)), fixed salaries charged upon the Consolidated Fund of India, prohibition of discussion in legislature on judicial conduct (Article 121), and contempt powers.
Judicial Accountability: Balanced against independence through mechanisms like impeachment for proven misbehavior or incapacity, public interest litigation scrutiny, and judicial standards of probity.

Case Title: Supreme Court Advocates-on-Record Assn. v. Union of India (Second Judges Case)
Citation & Court: (1993) 4 SCC 441 (Supreme Court of India, 9-Judge Constitution Bench)
Related Constitutional Provisions: Articles 124 and 217 of the Constitution.
The Story & Real-Life Background: Challenges arose regarding executive interference in judicial appointments and whether the Chief Justice of India’s opinion enjoyed primacy over the executive in appointing judges to higher courts.
Legal Issues Involved: The interpretation of “consultation” under Articles 124(2) and 217(1) and whether executive veto power overrides judicial recommendation.
Final Judgement & Ratio Decidendi:
- Ruling: The 9-judge bench ruled that “consultation” with the Chief Justice of India implies concurrence. The CJI must form opinion in consultation with a collegium of senior judges. Primacy in appointment of judges was vested in the judiciary, giving birth to the collegium system.
- Ratio: Judicial independence is an essential feature of the Basic Structure; executive dominance in judicial appointments is impermissible.

Case Title: Supreme Court Advocates-on-Record Assn. v. Union of India (Fourth Judges Case)
Citation & Court: (2016) 5 SCC 1 (Supreme Court of India, 5-Judge Constitution Bench)
Related Constitutional Provisions: Articles 124A, 124B, and 124C (introduced by 99th Constitutional Amendment Act).
The Story & Real-Life Background: Parliament enacted the 99th Constitutional Amendment and the NJAC Act to create a National Judicial Appointments Commission comprising law ministers and eminent persons alongside judges, aiming to reform the collegium system. The amendment was challenged by lawyers’ associations.
Legal Issues Involved: Whether the inclusion of non-judicial members in judicial appointments violates the independence of the judiciary and the basic structure of the Constitution.
Final Judgement & Ratio Decidendi:
- Ruling: By a 4-1 majority, the Supreme Court struck down the 99th Constitutional Amendment and NJAC Act as unconstitutional and void. The court held that executive participation in judicial appointments undermines institutional independence and violates the basic structure doctrine.
- Ratio: Primacy of the judiciary in appointments is inseverable from judicial independence; executive intrusion via statutory commissions is invalid.

Unit Number	Topic / Concept Name	Relevant Constitutional Scope	Core Description / Subject Matter
Unit-II	Supreme Court Jurisdiction	Articles 131, 32, 136, 143	Original federal disputes, writ enforcement, special leave petitions, and advisory opinions.
Unit-II	High Court Writ Power	Article 226	Broader writ jurisdiction than Supreme Court covering both fundamental and statutory rights.
Unit-II	Independence of Judiciary	Articles 124 & 217 (Collegium)	Judicial primacy in appointments, security of tenure, and insulation from executive interference.