Supreme High CourtsSupreme High Courts

Detailed constitutional framework governing the composition, independence, and powers of the Supreme Court under Part V of the Constitution.

• Constitutional Provisions (Articles 124-147): Part V (The Union) under Chapter IV outlines the Supreme Court's independence, jurisdiction, powers, and procedures. Originally comprised of 1 Chief Justice and 7 other judges, the strength has been increased by Parliament to 34 judges (including the CJI) via the Supreme Court (Number of Judges) Amendment Act, 2019.
• Appointment and Collegium System: Judges are appointed by the President under Article 124(2) in consultation with the CJI and senior judges (Collegium system evolved through Three Judges Cases). The 99th Constitutional Amendment (NJAC Act) was struck down by the Supreme Court in 2015 as violative of the Basic Structure doctrine.
• Original Jurisdiction (Article 131): Covers federal disputes between the Centre and one or more States, or between two or more States exclusively. Disputes arising out of treaties, agreements, covenants entered into before the Constitution are excluded.
• Writ Jurisdiction (Article 32): Dr. B.R. Ambedkar called Article 32 the 'heart and soul' of the Constitution. The Supreme Court can issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto) for enforcement of Fundamental Rights. Its writ jurisdiction is original but not exclusive (shared with High Courts under Article 226).
• Advisory Jurisdiction (Article 143): Empowers the President to seek the opinion of the Supreme Court on any question of law or fact of public importance (matters of pre-constitutional treaties/agreements are obligatory for the SC to give opinion; for other matters, it is discretionary).

Examining the structure, jurisdiction, and special historical context of the Allahabad High Court, India's largest judicial body.

• Establishment of Allahabad High Court: Established on March 17, 1866 under the Indian High Courts Act 1861 at Agra as the High Court of Judicature for the North-Western Provinces, it was officially shifted to Allahabad in 1869. Sir Walter Morgan was its first Chief Justice.
• Sanctioned Strength & Lucknow Bench: Allahabad High Court has the highest sanctioned judge strength among all High Courts in India (160 judges). It operates a permanent bench in Lucknow, established formally in 1948.
• Jurisdiction of High Courts (Article 226): High Courts possess wider writ jurisdiction than the Supreme Court because they can issue writs not only for the enforcement of Fundamental Rights but also for 'any other purpose' (ordinary legal rights).
• Control over Subordinate Courts (Article 235): High Courts exercise administrative control, posting, promotion, and grant of leave of district judges and other members of the judicial service in the state.
• Common High Courts in India: Parliament can establish a common High Court for two or more States and/or Union Territories under Article 231. Examples include Bombay HC (Maharashtra, Goa, Dadra & Nagar Haveli, Daman & Diu), Guwahati HC, and Punjab & Haryana HC.

Understanding the doctrines and tools that expand judicial oversight over executive and legislative actions.

• Concept of Judicial Review: Though the term 'Judicial Review' is not expressly used in the Constitution, Articles 13, 32, 131-136, 143, 226, and 246 provide its constitutional basis. It refers to the power of judiciary to examine the constitutionality of legislative enactments and executive orders of both Central and State governments.
• Public Interest Litigation (PIL): Pioneered by Justice P.N. Bhagwati and Justice V.R. Krishna Iyer in the early 1980s, PIL relaxes the traditional rule of 'locus standi' (injured party alone can file a case). Any public-spirited citizen or social group can approach the SC (Art 32) or HC (Art 226) on behalf of marginalized or voiceless sections.
• Basic Structure Doctrine: Propounded in the landmark Kesavananda Bharati v. State of Kerala case (1973), it establishes that Parliament cannot amend the basic features of the Constitution under Article 368. Examples include judicial review, federalism, secularism, and separation of powers.
• Judicial Activism & Overreach: Judicial activism refers to proactive role played by the judiciary in upholding the rights of citizens and promoting justice (exemplified by suo motu actions). However, excessive encroachment into domains reserved for legislature or executive is termed 'Judicial Overreach'.