In continuation of my blog on Important Articles of the Indian Constitution. Here is the very important chapter on the judiciary.
Judiciary
Article 124- It establishes and defines the Supreme Court of India, including its composition, appointment of judges, qualifications, and removal process. Key provisions are:
- Establishment (Clause1): Creates the Supreme Court Consisting of Chief Justice and other judges. It started with 7 other judges; the current sanctioned strength is 34 judges.
- Appointment (Clause 2): It states that the President appoints Supreme Court judges using a warrant under their hand and seal. Judges serve till the age of 65.
- Qualifications (Clause 3): Should be an Indian citizen, have served as a High Court judge for at least 5 years or practised as a High Court advocate for at least 10 years or be recognised as a distinguished jurist by the President.
- Other clauses are for removal, oath and restrictions.
Article 131– The Constitution gives the Supreme Court exclusive original jurisdiction to hear federal disputes between the Central government and State governments. Key conditions and limits are:
- Legal Rights Only: The dispute must involve a question of law or fact tied to the existence or extent of legal rights.
- No Political Disputes: Purely political disagreements or private citizen suits against the government are excluded.
- Exclusive Power: no other court in India can handle these original federal suits.
- Old Treaties probed: Pre-Constitution treaties and specific covenants are generally excluded from jurisdiction.
Article 136– it gives the Supreme Court (SC) the special power to allow an appeal against any judgment, order, or sentence from any court or tribunal in the country. Key features are:
- Discretionary Power: The Supreme Court decides if it wants to hear the case. You can not claim as a basic legal right.
- Wide Scope: It applies to almost all courts and tribunals in India. It covers civil, criminal and other legal matters.
- Interim Orders: The Supreme Court can use this power even during ongoing cases, not just for final judgments.
Important exceptions are: decisions made by Military tribunals or court-martials can not be challenged using this article. The other exception is-you must normally finish using other legal options before you ask SC for special leave.
Article 141– It states that the law declared by the SC is binding on all courts within the territory of India. The key Meanings are;
- Doctrine of Precedent: it sets the legal foundation for stare decisis, meaning decisions made by the top court must be followed as examples.
- Binding Scope: Every lower court, High Court, and tribunal in the country must follow the legal principles laid down by the SC.
- Self-Correction: The SC holds the power to overrule its own past decisions if it finds an error or public interest need.
Article 142– It gives the SC the power to pass any order or decree needed to complete justice in any case before it. Key clauses are;
- Clause 1: The court can make any order to ensure complete justice in a pending case. This order applies across all of India.
- Clause 2: The court can order people to attend court, produce documents, or punish people for contempt of itself.
Article 143– It grants the President of India power to seek the advisory opinion of the SC on a question of law or fact of public importance. Key clauses are:
- Clause 1: General Matters- The President may refer any question of law or fact of public importance to the SC if it has arisen or is likely to arise. Under this clause, the SC may choose to give or refuse its opinion.
- Clause 2; Pre-Constitutional Disputes- The President may refer disputes arising from any pre-constitution treaty, agreement, covenant or similar instruments to the SC. Under this clause, the SC is obligated to render its opinion to the President.
Article 214- It states that there shall be a High Court for each State. Key points are:
- Core Mandate: It creates the legal foundation for a High Court as the top judicial body in every Indian State.
- Shared Courts: The rule does not mean every State has its own separate building or individual court. President can set up a single common High Court for two or more States. (For example, Punjab and Haryana share a High Court).
- Pre-Existing Courts: It also ensured that courts functioning before 1950 Constitution continued to serve as the High Court for their regions.
Article 226– It gives every High Court the power to issue directions, orders, and writs to any person, authority, or government to enforce fundamental rights and other legal rights. The Key powers are:
- Broad Scope: High Courts can protect both basic constitutional rights (Fundamental Rights) and regular legal rights.
- Wider than the SC- This article is broader than Article 32 because Article 32 only covers legal rights.
- Quick remedy: it offers a fast way for citizens to get justice when their rights are broken.
High Courts can issue five main types of legal orders, called writs:
- Habeas Corpus: “To have the body”. This order frees a person who is kept in jail or locked up by the police without legal reason.
- Mandamus: “We Command”. This order tells a government official or public body to do their legal duty.
- Prohibition: This order stops a lower court or a tribunal from doing something outside its legal power.
- Certiorari: “To be certified”. This order cancels or fixes a bad decision made by a lower court.
- Quo Warranto: “ By what authority”. This order asks a person by what right they are holding a public office they do not deserve.
Anil Malik
Mumbai, India
3rd September 2026