The Judiciary and Constitutional Bodies
Overview
The Judiciary and Constitutional Bodies form the backbone of India's democratic framework. The Supreme Court, High Courts, and subordinate courts uphold the rule of law, while constitutional bodies like the Election Commission, CAG, UPSC, and Finance Commission ensure accountability and governance. For UPSC and BPSC, understanding jurisdiction, appointments, removal procedures, and landmark articles is essential. This chapter covers key structural and functional aspects tested repeatedly in prelims and mains.
Typed Notes
Supreme Court: Structure, Jurisdiction & Powers
The Supreme Court of India was established on 26 January 1950 under Article 124. It consists of the CJI and up to 33 other judges (total 34). It has original jurisdiction (Article 131) in disputes between states or between states and the Union, appellate jurisdiction (Articles 132-136), and advisory jurisdiction (Article 143). Writ jurisdiction under Article 32 is a fundamental right itself. The Supreme Court is the guardian of the Constitution and the final court of appeal. Judges retire at age 65. The concept of 'basic structure' emerged from Kesavananda Bharati case (1973).
High Courts and Subordinate Courts
High Courts are established under Article 214; each state has one High Court. Judges are appointed by the President in consultation with the CJI and the Governor of the state (Article 217). High Court judges retire at age 62. High Courts have original, appellate, and supervisory jurisdiction over all subordinate courts (Article 227). The Calcutta High Court (1862) is the oldest in India. District Courts are the principal subordinate courts. Article 233 deals with appointment of district judges. Lok Adalats under the Legal Services Authorities Act provide alternative dispute resolution.
Election Commission, CAG, and UPSC
The Election Commission (Article 324) supervises elections to Parliament, State Legislatures, President, and Vice-President. It can be multi-member; the CEC is removable only like a Supreme Court judge, ensuring independence. The CAG (Article 148) is the supreme audit institution; reports are laid before Parliament/State Legislature. The UPSC (Article 315) conducts civil services examinations and advises on recruitment matters. UPSC Chairman cannot be reappointed after tenure. Finance Commission (Article 280) is constituted every five years to recommend devolution of taxes between Union and States — a quasi-judicial body.
Finance Commission and National Commissions
The Finance Commission is constituted by the President under Article 280 every five years. It recommends distribution of net proceeds of taxes, grants-in-aid to states, and measures to augment the Consolidated Fund of a state. The 15th Finance Commission (2021-26) is chaired by N.K. Singh. The National Human Rights Commission (NHRC) is a statutory body under the Protection of Human Rights Act, 1993 — not a constitutional body. The Attorney General of India (Article 76) is the highest law officer; appointed by the President and holds office during the President's pleasure.
Key Concepts
Revision ke liye ek nazar — exam se pehle yahi padhna hai.
- 01Supreme Court established under Article 124; Chief Justice of India (CJI) appointed by President on collegium recommendation.
- 02Parliament can impeach a judge by special majority (Article 124(4)); no judge has been impeached so far in India.
- 03Election Commission is a constitutional body under Article 324; Chief Election Commissioner removed like a Supreme Court judge.
- 04Comptroller and Auditor General (CAG) appointed under Article 148; audits accounts of Union and States; serves 6-year term or age 65, whichever is earlier.
- 05Union Public Service Commission (UPSC) under Article 315; Chairman and members appointed by President; removed only by President on Supreme Court inquiry.
Questions & Solutions
Pehle khud try karo — phir solution kholo. Yahi tariqa topper banata hai.
What is the significance of Article 32 of the Indian Constitution in relation to the Supreme Court?
Explain the composition and functions of the Finance Commission of India.
How is the Chief Election Commissioner of India removed from office?
What is the doctrine of 'Basic Structure' and which case established it?
Distinguish between the original jurisdiction of the Supreme Court and that of the High Court.
India's judiciary — Supreme Court, High Courts, and subordinate courts — upholds constitutional supremacy and fundamental rights. Constitutional bodies like the Election Commission (Article 324), CAG (Article 148), UPSC (Article 315), and Finance Commission (Article 280) ensure free elections, financial accountability, merit-based recruitment, and fiscal federalism. Key exam focus areas include relevant articles, appointment and removal procedures, tenure, jurisdiction types, and landmark cases like Kesavananda Bharati (1973) and S.R. Bommai (1994).
Chapter-end quiz
4 MCQsOption tap karo — turant pata chalega sahi ya galat, explanation ke saath.
Q1.Under which Article is the Comptroller and Auditor General (CAG) of India appointed?
Q2.The Supreme Court of India has a sanctioned strength of how many judges including the Chief Justice?
Q3.Which case upheld the 'Basic Structure' doctrine of the Indian Constitution?
Q4.The UPSC Chairman after retirement is eligible for which of the following?
Mark karo — dashboard par progress dikhega.