The Judiciary ICSE Class 8: Supreme Court, High Courts and Writs

What The Judiciary is about

Weightage: CISCE publishes no question paper, marking scheme or chapter weightage for Class VIII History and Civics: your school sets and marks the exam. The Judiciary sits in the Civics: The Three main Organs of the Indian Government section of the CISCE Curriculum for Upper Primary Classes (VI-VIII).Source: CISCE Curriculum for Upper Primary Classes (VI-VIII), RDCD 2016

Key concepts

The Supreme Court: composition, qualifications and appointment

Composition (Article 124(1)): the Supreme Court consists of the Chief Justice of India and other judges, whose number is fixed by Parliament by law. At present the law allows up to 33 other judges besides the Chief Justice. The Court sits in New Delhi (Article 130).
Qualifications (Article 124(3)): a person must be a citizen of India and either:
(a) have been a judge of a High Court for at least 5 years; or
(b) have been an advocate of a High Court for at least 10 years; or
(c) be, in the opinion of the President, a distinguished jurist.
Appointment (Article 124(2)): judges are appointed by the President after consultation with judges of the Supreme Court and High Courts; for other judges the Chief Justice of India is always consulted. In practice, recommendations come from a 'collegium' of the Chief Justice and senior-most judges, a system developed through Supreme Court judgments.
Tenure: judges hold office until the age of 65.
Removal (Article 124(4)): only by an order of the President after each House of Parliament passes an address, supported by a majority of its total membership and by two-thirds of members present and voting, on the ground of proved misbehaviour or incapacity.

Worked example

(3 marks) State the qualifications for appointment as a judge of the Supreme Court.

Try it first, then show the solutionSolution

1. Citizen of India - 1 mark.
2. Judge of a High Court for 5 years, or advocate of a High Court for 10 years - 1 mark.
3. Or a distinguished jurist in the President's opinion - 1 mark.

Answer: A judge of the Supreme Court must be a citizen of India and must have been a judge of a High Court for at least five years, or an advocate of a High Court for at least ten years, or be a distinguished jurist in the opinion of the President.

Jurisdiction of the Supreme Court

Jurisdiction means the authority of a court to hear and decide cases.
1. Original jurisdiction (Article 131): cases that can be brought directly to the Supreme Court: disputes between the Union and one or more States, or between States.
2. Writ jurisdiction (Article 32): any person can approach the Supreme Court directly for the enforcement of Fundamental Rights; the Court can issue writs. Dr B.R. Ambedkar called Article 32 the 'heart and soul' of the Constitution.
3. Appellate jurisdiction: it is the highest court of appeal. Appeals come from High Courts in constitutional cases (Article 132), civil cases (Article 133) and criminal cases (Article 134). Under Article 136 it can grant special leave to appeal against any judgment of any court or tribunal (except military tribunals).
4. Advisory jurisdiction (Article 143): the President can seek the Court's opinion on a question of law or fact of public importance.
5. Revisory power (Article 137): the Court can review its own judgments or orders to correct errors.
6. Court of record (Article 129): its judgments are recorded and serve as evidence and precedents; it can punish for contempt of itself. Under Article 141, the law declared by the Supreme Court is binding on all courts in India.
7. Judicial review: it can examine laws passed by legislatures and orders of the executive and declare them void if they violate the Constitution.

Worked example

(3 marks) Explain the original jurisdiction of the Supreme Court.

Try it first, then show the solutionSolution

1. Cases that come directly to the Supreme Court, not by appeal - 1 mark.
2. Disputes between the Union and one or more States - 1 mark.
3. Disputes between two or more States (Article 131) - 1 mark.

Answer: Original jurisdiction means the power to hear certain cases directly, in the first instance. Under Article 131, the Supreme Court alone can hear disputes between the Union government and one or more States, and disputes between two or more States.

Judicial review and the court of record

Judicial review:

• The power of the Supreme Court and High Courts to examine whether a law made by a legislature, or an order of the executive, agrees with the Constitution.
• If it violates the Constitution, especially Fundamental Rights, the court can declare it void (unconstitutional).
• It keeps the legislature and executive within the limits set by the Constitution and makes the courts the guardians of the Constitution.
• In the Kesavananda Bharati case (1973), the Supreme Court held that Parliament can amend the Constitution but cannot change its 'basic structure'.

Court of record (Article 129 for the Supreme Court, Article 215 for High Courts):

• Its judgments and proceedings are recorded for permanent memory and testimony.
• These records are accepted as evidence and cannot be questioned when produced before any court.
• Its decisions act as precedents (examples) for future cases.
• It has the power to punish for contempt of court, for example disobeying its orders or scandalising the court.

Worked example

(2 marks) What is meant by judicial review?

Try it first, then show the solutionSolution

1. The power of courts to examine laws and executive orders for conformity with the Constitution - 1 mark.
2. To declare them void if they violate the Constitution - 1 mark.

Answer: Judicial review is the power of the Supreme Court and High Courts to examine laws passed by legislatures and orders of the executive and to declare them void if they violate the Constitution.

High Courts: composition, qualifications and appointment

Composition: each State has a High Court (Article 214), but Parliament can set up a common High Court for two or more States (Article 231). Each High Court has a Chief Justice and other judges whose number is fixed by the President (Article 216).
Qualifications (Article 217(2)): a citizen of India who has:
(a) held a judicial office in India for at least 10 years; or
(b) been an advocate of a High Court for at least 10 years.
Appointment (Article 217(1)): by the President after consultation with the Chief Justice of India and the Governor of the State; for judges other than the Chief Justice, the Chief Justice of that High Court is also consulted.
Tenure: until the age of 62.
Removal: in the same way as a Supreme Court judge.
A judge can also be transferred from one High Court to another by the President after consulting the Chief Justice of India (Article 222).

Worked example

(3 marks) How are High Court judges appointed, and till what age do they serve?

Try it first, then show the solutionSolution

1. Appointed by the President - 1 mark.
2. After consulting the Chief Justice of India, the Governor and (for other judges) the Chief Justice of the High Court - 1 mark.
3. Serve until the age of 62 - 1 mark.

Answer: High Court judges are appointed by the President after consulting the Chief Justice of India and the Governor of the State, and, for judges other than the Chief Justice, the Chief Justice of that High Court. They hold office until the age of 62.

Jurisdiction and functions of High Courts

1. Original jurisdiction: High Courts can hear certain cases directly, including petitions for the enforcement of Fundamental Rights and election petitions about elections to Parliament and State Legislatures.
2. Writ jurisdiction (Article 226): High Courts can issue writs not only to enforce Fundamental Rights but also 'for any other purpose', so in this respect their writ power is wider than that of the Supreme Court under Article 32.
3. Appellate jurisdiction: High Courts hear appeals in civil and criminal cases from the subordinate (district) courts in the State.
4. Revisory (revisional) jurisdiction: a High Court can call for the record of a case decided by a lower court and correct it if the lower court acted beyond its powers or committed a serious error in law. It can also review its own judgments.
5. Supervision (Article 227): superintendence over all courts and tribunals in its area; it can call for returns and make rules.
6. Court of record (Article 215): its decisions are binding on lower courts in the State, and it can punish for contempt.
7. Judicial review: it can declare laws and orders that violate the Constitution to be invalid.

Worked example

(3 marks) Explain the appellate and revisory jurisdiction of a High Court.

Try it first, then show the solutionSolution

1. Appellate: hears appeals in civil and criminal cases from district and subordinate courts - 1 mark.
2. Revisory: calls for records of cases decided by lower courts - 1 mark.
3. Corrects them if the lower court exceeded its powers or made a serious legal error - 1 mark.

Answer: Under its appellate jurisdiction, a High Court hears appeals in civil and criminal cases from the district and other subordinate courts of the State. Under its revisory jurisdiction, it can call for the record of a case decided by a lower court and correct the decision if that court acted beyond its powers or made a serious error of law.

Writs: meaning and examples

A writ is a formal written order issued by the Supreme Court (Article 32) or a High Court (Article 226), commanding a person or authority to do or not to do something. Writs are the main remedies for protecting Fundamental Rights.
Five writs:
1. Habeas corpus ('to have the body'): orders a person who has detained another to produce the detained person before the court, so that the court can decide whether the detention is lawful. It protects personal liberty against illegal detention.
2. Mandamus ('we command'): orders a public official, body or lower court to perform a public duty it has failed to perform.
3. Prohibition: issued by a higher court to a lower court or tribunal to stop it from continuing a case that is beyond its jurisdiction.
4. Certiorari ('to be certified'): issued by a higher court to a lower court or tribunal to transfer a case or quash an order already passed without jurisdiction or in error of law.
5. Quo warranto ('by what authority'): asks a person holding a public office to show by what right he or she holds it; if the claim is not valid, the person is removed.

Worked example

(3 marks) What is a writ? Explain habeas corpus and mandamus.

Try it first, then show the solutionSolution

1. A writ: a written order of the Supreme Court or a High Court commanding something to be done or not done - 1 mark.
2. Habeas corpus: produce a detained person before the court to test the legality of detention - 1 mark.
3. Mandamus: commands a public official or body to perform its legal duty - 1 mark.

Answer: A writ is a formal written order of the Supreme Court or a High Court commanding a person or authority to do or not to do something. Habeas corpus orders that a detained person be produced before the court to check whether the detention is lawful. Mandamus commands a public official or body to perform a duty it is legally bound to do.

The Judiciary in real life

Each concept, met in an everyday situation. Read the situation, answer the question in your own words, then compare with the model answer. The one-line hook is what to remember.

Topics in this chapter

• The Judiciary: Supreme Court, High Courts, Jurisdiction and Writs

The Judiciary: key facts

Supreme Court judges

Composition	Chief Justice + other judges (number by law, at present up to 33 others)
Retirement	at 65
Appointment	by President (Article 124)

Qualifications: HC judge 5 yrs, or HC advocate 10 yrs, or distinguished jurist.

High Court judges

Chief Justice + judges fixed by President; retire at 62; appointed by President after consulting CJI and Governor (Article 217)

Qualifications: judicial office 10 yrs or HC advocate 10 yrs.

Supreme Court jurisdiction Articles

Original 131; writs 32; appeals 132-134, special leave 136; review 137; advisory 143; court of record 129

High Court Articles

Writs 226; superintendence 227; court of record 215

Writs

Habeas corpus, mandamus, prohibition, certiorari, quo warranto

Supreme Court (Article 32), High Courts (Article 226).

How the school exam asks The Judiciary

The question patterns to expect, and the method that works for each.

Tricks to remember The Judiciary

Short memory aids. Say each one aloud once, then use it on a question the same day.

• Retirement ages

  'Supreme 65, High 62': Supreme Court judges retire at 65, High Court judges at 62.

  Use it when: Tenure of judges.

• Five writs: H-M-P-C-Q

  'Happy Monkeys Play Cricket Quietly': Habeas corpus, Mandamus, Prohibition, Certiorari, Quo warranto.

  Use it when: Listing writs.

• Prohibition vs certiorari

  Prohibition stops a case 'before'; certiorari quashes an order 'after'.

  Use it when: Telling the two writs apart.

The Judiciary: exam-level solved questions

Ordered from exam level to HOTS. Cover the solution, write your own, then compare step by step.

Case-study practice (Section B style)

Read the situation, then answer every part. In a school exam set on the board pattern this is a 7-mark question split into 2 + 3 + 2 marks.

Where the marks are

How a typical answer is split into step marks. Show every step: a right final answer alone rarely earns full marks.

Where students lose marks in The Judiciary

The slips examiners see most often, and what to write instead.

• ✗Mistake: Mixing up the retirement ages

  Two similar numbers.

  ✓Do this: Supreme Court 65; High Court 62.

  Usually costs: 1 mark.

• ✗Mistake: Writing that the Supreme Court's advice under Article 143 is binding

  Confusing advisory opinions with judgments.

  ✓Do this: Advisory opinions are not binding on the President; judgments are binding on all courts (Article 141).

  Usually costs: 1 mark.

• ✗Mistake: Defining a writ by naming only its Latin meaning

  Translation without function.

  ✓Do this: Give the meaning and what the writ orders, plus a one-line example.

  Usually costs: 1 mark per writ.

• ✗Mistake: Giving a fixed total number of Supreme Court judges from an old book

  The number is set by law and has changed.

  ✓Do this: Write: Chief Justice and other judges as fixed by Parliament (at present up to 33 others).

  Usually costs: 1 mark.

Practice questions on The Judiciary

Write each answer on paper first. Open the hint only if you are stuck, and the answer only when you have finished.

1. Q1 · 1 mark · MCQExam level

   Which Article allows a person to approach the Supreme Court directly for the enforcement of Fundamental Rights?
   (a) Article 32
   (b) Article 131
   (c) Article 143
   (d) Article 226

   Hint

   'Heart and soul'.

   Answer

   (a) Article 32.

2. Q2 · 1 mark · MCQHarder exam level

   The writ that asks 'by what authority' a person holds a public office is:
   (a) Mandamus
   (b) Certiorari
   (c) Quo warranto
   (d) Prohibition

   Hint

   Latin for 'by what warrant'.

   Answer

   (c) Quo warranto.

3. Q3 · 1 mark · Very short answerExam level

   Where is the seat of the Supreme Court of India?

   Hint

   Article 130.

   Answer

   New Delhi.

4. Q4 · 2 marks · Very short answerExam level

   State the qualifications for appointment as a High Court judge.

   Hint

   Ten years.

   Answer

   A citizen of India who has held a judicial office in India for at least 10 years, or has been an advocate of a High Court for at least 10 years.

5. Q5 · 2 marks · Very short answerHarder exam level

   What is special leave to appeal?

   Hint

   Article 136.

   Answer

   The power of the Supreme Court, under Article 136, to allow an appeal against any judgment or order of any court or tribunal in India (except military tribunals), at its discretion.

6. Q6 · 2 marks · Very short answerHOTS / competency

   Why did Dr B.R. Ambedkar call Article 32 the 'heart and soul' of the Constitution?

   Hint

   Rights need a remedy.

   Answer

   Because it gives citizens the right to go directly to the Supreme Court to enforce their Fundamental Rights; without such a remedy, the rights would be only on paper.

7. Q7 · 2 marks · Very short answerHarder exam level

   What is contempt of court? Why do courts have the power to punish it?

   Hint

   Respect for orders.

   Answer

   Contempt of court is disobeying a court's order or acting in a way that scandalises or lowers its authority. Courts can punish it so that their orders are obeyed and their dignity and independence are protected.

8. Q8 · 3 marks · Short answerHarder exam level

   Distinguish between the writs of prohibition and certiorari.

   Hint

   Before and after.

   Answer

   Both are issued by a higher court to a lower court or tribunal. Prohibition is issued while a case is still going on, to stop the lower court from acting beyond its jurisdiction. Certiorari is issued after an order has been passed, to transfer the case or quash the order made without jurisdiction or in error of law.

9. Q9 · 3 marks · Short answerExam level

   How is a judge of the Supreme Court removed?

   Hint

   Article 124(4).

   Answer

   Only on the ground of proved misbehaviour or incapacity. Each House of Parliament must pass an address, supported by a majority of its total membership and by two-thirds of the members present and voting, in the same session; then the President orders the removal.

10. Q10 · 3 marks · Short answerHOTS / competency

    Why is it important that Supreme Court judges cannot practise as lawyers after retirement?

    Hint

    Fairness and future benefits.

    Answer

    If retired judges could appear as lawyers, they might be tempted to decide cases while in office in ways that please future clients, and they could use their influence over former colleagues. The ban protects the fairness and independence of the judiciary.

11. Q11 · 4 marks · Long answerHOTS / competency

    Suppose Parliament passes a law reducing the salary of a sitting Supreme Court judge because it dislikes one of his judgments. Is this valid? Explain using the idea of judicial independence.

    Hint

    Salaries during term.

    Answer

    No. The Constitution provides that the salaries and allowances of judges cannot be varied to their disadvantage after appointment, except during a financial emergency. Reducing a judge's salary to punish a judgment would also attack judicial independence, which is part of the Constitution's basic structure. The courts could strike down such a law through judicial review.

Test your recall

Answer in your head or on paper first, then open the card. Pulling an answer out of memory makes it stick far better than re-reading.

1. 1.Who appoints Supreme Court judges?Show answer

   The President, after consultation with judges.

2. 2.Which Article deals with the original jurisdiction of the Supreme Court?Show answer

   Article 131.

3. 3.Which Article gives High Courts writ powers?Show answer

   Article 226.

4. 4.What does 'habeas corpus' mean?Show answer

   'To have the body'.

5. 5.Which Article makes the Supreme Court a court of record?Show answer

   Article 129.

6. 6.In which case did the Supreme Court lay down the basic structure doctrine?Show answer

   Kesavananda Bharati case (1973).

Quick revision checklist

The night before the exam: can you do each of these without looking?

• ☐Supreme Court: CJI + judges fixed by law (at present up to 33 others); New Delhi; qualifications: HC judge 5 years / HC advocate 10 years / distinguished jurist; President appoints; retire 65; removal by special majority in both Houses.
• ☐SC jurisdiction: original (131), writ (32), appellate (132-134, special leave 136), review (137), advisory (143), court of record (129), law binding on all courts (141).
• ☐High Court: each State (or common for two or more, 231); qualifications: judicial office or HC advocate 10 years; President appoints after consulting CJI and Governor; retire 62.
• ☐HC jurisdiction: original, writs (226, 'any other purpose'), appellate, revisory, superintendence (227), court of record (215), judicial review.
• ☐Judicial review: courts can declare unconstitutional laws void; basic structure (Kesavananda Bharati, 1973).
• ☐Writs: habeas corpus (produce the detained), mandamus (do your duty), prohibition (stop a case), certiorari (quash an order), quo warranto (by what authority).

The Judiciary: frequently asked questions