A quick-revision summary of this chapter for last-minute exam prep: definitions, numbers, dates and comparison tables. The full detailed notes are available separately.
1 The Judiciary’s Pyramidal Structure
| Level | Main function |
|---|---|
| Supreme Court | Decisions binding on all courts; can transfer judges; can withdraw any case to itself |
| High Court | Hears appeals, issues writs, superintends courts below it |
| District Court | District cases, appeals from lower courts, serious criminal offences |
| Subordinate Courts | Civil and criminal cases |
2 Numbers Worth Remembering
1973 / 1975CJI convention broken twice: A.N. Ray / M.H. Beg
108MPs who signed the motion to remove Justice V. Ramaswami
1973Kesavananda Bharati case: the basic structure doctrine
| Number / Date | What it is |
|---|---|
| 1979 | PIL begins; Hussainara Khatoon case; right to property removed from Fundamental Rights |
| 1980 | Sunil Batra vs. Delhi Administration |
| 1982-1998 | Series of Supreme Court rulings on the CJI’s consultative role in appointments |
| 1984 | Bandhua Mukti Morcha vs. Union of India, Justice Bhagwati’s remarks |
| 1967-1973 | The Parliament-judiciary conflict at its most intense |
3 Definitions, Exactly as You Should Write Them
All definitions in one place
Rule of lawAll individuals, rich or poor, are subject to the same law
Original jurisdictionCases heard directly by the Supreme Court without going through a lower court, especially Union-State disputes
Writ jurisdictionThe right to move the Supreme Court/High Court directly when a fundamental right is violated
Appellate jurisdictionReconsidering a lower court’s decision
Advisory jurisdictionGiving the President legal opinion, not binding to give or to accept
Judicial reviewThe power to declare a law unconstitutional; the term itself is not in the Constitution’s text
Basic structureThe part of the Constitution that even Parliament cannot alter by amendment (Kesavananda Bharati, 1973)
Public Interest LitigationA petition filed by someone other than the aggrieved person, especially for deprived groups
4 The Five Writs
Habeas CorpusProduce an illegally detained person before the court
MandamusOrder directing an official to perform their duty
Prohibition / Certiorari / Quo WarrantoStop a lower court, call up a decision, examine the right to hold an office
4.1 Judicial Activism: Two Sides
Positive
- Access to courts for individuals AND groups
- Increased executive accountability
Negative
- Overburdened the courts
- Blurred the line between the three organs
Final Recap
- Independence of the judiciary does not mean freedom from accountability; it is accountable to the Constitution and the people
- CJI convention broken twice; removal needs special majority, V. Ramaswami is the only case that reached Parliament, and it failed
- Pyramidal structure: Supreme Court, High Courts, District and subordinate courts
- Four types of jurisdiction: original, writ, appellate, advisory
- Hussainara Khatoon (1979) and Sunil Batra (1980), the early PILs
- Kesavananda Bharati (1973): the basic structure doctrine, property excluded, Court decides what counts as basic structure
- Balance between judiciary and Parliament is delicate, both operate within the Constitution’s limits
More for this chapter