Judiciary

Composition: CJI + maximum 33 other judges (Parliament can increase). Retirement: 65 years. Salaries charged to Consolidated Fund of India — not subject to vote.

Appointment (Collegium System): Three Judges Cases established the collegium (CJI + 4 senior-most SC judges). The NJAC (99th Amendment, 2014) was struck down in 2015 as violating judicial independence — a basic structure element.

Removal (Article 124(4)): By address of each House by special majority on grounds of proved misbehaviour or incapacity.

Jurisdiction:

• Original (Article 131): Inter-State disputes — exclusive

• Appellate (Articles 132–134): Constitutional, civil, criminal matters

• SLP (Article 136): Discretionary — widest appellate power; from any court or tribunal

• Writ (Article 32): For enforcement of Fundamental Rights

• Advisory (Article 143): President's reference — opinion advisory, not binding

• Court of Record (Article 129): Binding precedents; contempt power

Article 141: Law declared by SC is binding on ALL courts in India. SC not bound by its own decisions.

Article 142: SC can make any order to do complete justice — extraordinary power used for structural injunctions and unique remedies.

• Composition: Chief Justice + other judges. Retirement: 62 years.

• Appointment (Article 217): By President in consultation with CJI, Governor, Chief Justice of HC.

• Writ jurisdiction (Article 226): WIDER than Article 32 — any legal right, not just FRs

• Superintendence (Article 227): Over all subordinate courts and tribunals

• Transfer of constitutional questions (Article 228): Can withdraw cases involving constitutional questions

1. First Judges Case (S.P. Gupta, 1981): Executive primacy in appointments

2. Second Judges Case (1993): Collegium — CJI's opinion gets primacy; CJI + 2 senior judges

3. Third Judges Case (1998): Collegium expanded — CJI + 4 senior-most SC judges

4. NJAC Case (2015): 99th Amendment struck down — judicial independence is basic structure

Evolved by SC (Justice P.N. Bhagwati and Justice V.R. Krishna Iyer) in late 1970s–1980s. Liberalised locus standi — any public-spirited person can approach courts on behalf of those unable to access justice. Letters to court treated as writ petitions. Key cases: Hussainara Khatoon (1979), Bandhua Mukti Morcha (1984), M.C. Mehta (1987), Vishaka (1997), Common Cause (2018).