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Supreme Court, High Courts and Writs | ICSE 8 Civics

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History & CivicsICSE Class 8 · The Judiciary

The Judiciary: Supreme Court, High Courts, Jurisdiction and Writs (ICSE Class 8 Civics)

Updated 17 October 2026 · Fact-checked

The Supreme Court (Chief Justice and up to 33 other judges at present) is the highest court, with original, writ, appellate, advisory and revisory jurisdiction, and is a court of record with the power of judicial review. Each State has a High Court with writ power under Article 226 that is wider than the Supreme Court's under Article 32. Writs are habeas corpus, mandamus, prohibition, certiorari and quo warranto.

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

1. Supreme Court: composition, qualifications, appointment. Article 124(1): the Chief Justice of India and other judges, the number fixed by Parliament (at present up to 33 others); sits in New Delhi. Qualifications (Article 124(3)): citizen of India and (a) a High Court judge for at least 5 years, or (b) a High Court advocate for at least 10 years, or (c) a distinguished jurist in the President's opinion. Appointment: by the President after consulting judges of the Supreme Court and High Courts, always the Chief Justice for other judges; in practice recommendations come from a collegium of the Chief Justice and senior-most judges. Tenure to age 65. Removal: by the President after each House passes an address with a majority of total membership and two-thirds of those present and voting, on proved misbehaviour or incapacity.

2. Jurisdiction. (1) Original (Article 131): disputes between the Union and States or between States. (2) Writ (Article 32): anyone may approach the Court directly to enforce Fundamental Rights; B.R. Ambedkar called Article 32 the 'heart and soul' of the Constitution. (3) Appellate: the highest appeal court; appeals from High Courts in constitutional, civil and criminal cases (Articles 132-134); special leave to appeal under Article 136 (except military tribunals). (4) Advisory (Article 143): opinion for the President on a question of law or fact of public importance. (5) Revisory (Article 137): review of its own judgments. (6) Court of record (Article 129). (7) Judicial review.

3. Judicial review and court of record. Judicial review is the power of the Supreme Court and High Courts to examine whether a law or an executive order agrees with the Constitution and to declare it void if it violates it, especially Fundamental Rights; the courts are guardians of the Constitution. In the Kesavananda Bharati case (1973) the Court held that Parliament can amend the Constitution but cannot change its basic structure. A court of record (Article 129 for the Supreme Court, Article 215 for High Courts) keeps its proceedings as permanent records accepted as evidence; its decisions are precedents; it can punish for contempt. Under Article 141 the law declared by the Supreme Court is binding on all courts.

4. High Courts. Each State has a High Court (Article 214); Parliament may create a common High Court for two or more States (Article 231). A Chief Justice and other judges, number fixed by the President. Qualifications (Article 217(2)): citizen who has held judicial office for at least 10 years or been a High Court advocate for at least 10 years. Appointment: by the President after consulting the Chief Justice of India and the Governor, and the High Court Chief Justice for others. Tenure to 62. Removal as for a Supreme Court judge; transfer possible after consulting the Chief Justice of India.

5. High Court jurisdiction. Original (including Fundamental Rights petitions and election petitions); writ (Article 226), for Fundamental Rights and for any other purpose, hence wider than Article 32; appellate from subordinate courts; revisory; supervision over all courts and tribunals (Article 227); court of record (Article 215); judicial review.

6. Writs. A writ is a formal written order of the Supreme Court (Article 32) or a High Court (Article 226) commanding a person or authority to do or not do something. Habeas corpus ('to have the body'): produce a detained person so that the court can decide whether the detention is lawful. Mandamus ('we command'): orders a public official or body to perform a public duty. Prohibition: a higher court orders a lower court or tribunal to stop proceeding in a case beyond its jurisdiction. Certiorari ('to be certified'): a higher court transfers a case or quashes an order passed without jurisdiction or with error of law. Quo warranto ('by what authority'): asks a person holding a public office to show by what right. (The syllabus asks for a few examples of writs.)

The Judiciary: Supreme Court, High Courts, Jurisdiction and Writs: key facts

Supreme Court
  • Chief Justice plus up to 33 judges at present
  • Retire at 65
  • Seat: New Delhi
Qualifications
Supreme Court: 5 years High Court judge or 10 years advocate or distinguished jurist | High Court: 10 years judicial office or 10 years advocate
Jurisdictions
  • Original
  • Writ
  • Appellate
  • Advisory
  • Revisory
  • Court of record
  • Judicial review
Writs
  • Habeas corpus
  • Mandamus
  • Prohibition
  • Certiorari
  • Quo warranto

How to answer The Judiciary: Supreme Court, High Courts, Jurisdiction and Writs questions

For judges, state composition, qualification, appointment, tenure, removal.

  1. 1For jurisdiction, give each type with an Article and a one-line example.
  2. 2For writs, give meaning in English words and the case where each is used.
  3. 3Compare Supreme Court and High Court in a table.
  4. 4Remember that the High Court can issue writs for any other purpose.

The Judiciary: Supreme Court, High Courts, Jurisdiction and Writs in real life

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

The missing person

Suppose a young man is taken away by an authority without any reason being given, and his family goes to the High Court.

Which writ will they ask for and what will the court do?

Try it first, then show the solutionSolution
  1. They will ask for habeas corpus ("to have the body").
  2. The court orders the authority to produce the person before it.
  3. It then decides whether the detention is lawful and can order release if it is not.

Answer: Habeas corpus; the court examines the legality of the detention.

Memory hook: Produce the person.

Tricks to remember The Judiciary: Supreme Court, High Courts, Jurisdiction and Writs

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

  • HMPCQ

    Habeas corpus, Mandamus, Prohibition, Certiorari, Quo warranto.

    Use it when: Writs.

  • 65 and 62

    Retirement ages of Supreme Court and High Court judges.

    Use it when: Tenure.

  • Article 32 heart and soul

    Ambedkar's description of the right to move the Supreme Court.

    Use it when: Writ jurisdiction.

The Judiciary: Supreme Court, High Courts, Jurisdiction and Writs: solved examples

Ordered from board level to HOTS. Try each one before you open the solution.

Example 1: Qualifications · 3 marks · Short answerBoard level

State the qualifications of a judge of the Supreme Court.

Try it first, then show the solutionSolution
  1. Must be a citizen of India.
  2. Either a High Court judge for at least 5 years, or a High Court advocate for at least 10 years.
  3. Or a distinguished jurist in the opinion of the President.

Answer: Citizen, plus judge 5 years, advocate 10 years or distinguished jurist.

Example 2: Meaning of writs · 4 marks · Short answerBoard level

Name the writ used in each case: (a) to free a person illegally detained (b) to order an officer to do his duty (c) to stop a lower court from exceeding its power (d) to ask a person by what right he holds an office.

Try it first, then show the solutionSolution
  1. (a) Habeas corpus.
  2. (b) Mandamus.
  3. (c) Prohibition.
  4. (d) Quo warranto.

Answer: (a) habeas corpus (b) mandamus (c) prohibition (d) quo warranto.

Example 3: Jurisdiction · 4 marks · Long answerHarder board level

Explain the original and appellate jurisdiction of the Supreme Court with one example of each.

Try it first, then show the solutionSolution
  1. Original: cases that can be brought directly, such as disputes between the Union and States or between States (Article 131).
  2. Appellate: it is the highest court of appeal, hearing appeals from High Courts in constitutional, civil and criminal cases.
  3. Example of appellate: an appeal against a High Court judgment in a criminal case; special leave under Article 136.

Answer: Original: Union-State and inter-State disputes; appellate: appeals from High Courts.

Example 4: Judicial review · 4 marks · Long answerHarder board level

What is judicial review? Mention one important case and its principle.

Try it first, then show the solutionSolution
  1. The power of the Supreme Court and High Courts to test whether a law or executive order agrees with the Constitution.
  2. A law that violates the Constitution, especially Fundamental Rights, can be declared void.
  3. Kesavananda Bharati case (1973): Parliament can amend the Constitution but cannot change its basic structure.

Answer: Testing laws against the Constitution; Kesavananda Bharati (1973): basic structure.

Example 5: Compare writ powers · 4 marks · Long answerHOTS / competency

Why is the High Court's writ power wider than that of the Supreme Court? Illustrate with an example.

Try it first, then show the solutionSolution
  1. The Supreme Court issues writs under Article 32 only to enforce Fundamental Rights.
  2. The High Court under Article 226 can issue writs for the enforcement of Fundamental Rights and for any other purpose.
  3. Example: a High Court may issue mandamus to an officer who has failed to perform a legal duty even where no Fundamental Right is involved.

Answer: High Courts: Article 226, any purpose; Supreme Court: Article 32, Fundamental Rights.

Where students lose marks in The Judiciary: Supreme Court, High Courts, Jurisdiction and Writs

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

  • Mistake: Mixing ages 65 and 62

    Both courts given the same retirement age.

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

    Usually costs: 1 mark.

  • Mistake: Defining the writs by name only

    Meaning missing.

    Do this: Give the English meaning and use.

    Usually costs: 1 to 2 marks.

  • Mistake: Saying the Supreme Court can issue writs only for Fundamental Rights and High Courts too

    Difference ignored.

    Do this: High Courts can issue writs for any other purpose.

    Usually costs: 1 mark.

  • Mistake: Mixing removal and impeachment

    The President is impeached by a different process.

    Do this: Judges are removed by the President after both Houses pass an address.

    Usually costs: 1 mark.

Exam tips

  • Note that the syllabus asks only for a few examples of writs.
  • Quote numbers exactly: 5 and 10 years; ages 65 and 62.
  • Use table formats for comparisons.
  • Mention the collegium as practice and not as text of the Article.

Practice questions on The Judiciary: Supreme Court, High Courts, Jurisdiction and Writs

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 · MCQBoard level

    A Supreme Court judge retires at the age of:
    (a) 58
    (b) 60
    (c) 62
    (d) 65

    Hint

    High Court is 62.

    Answer

    (d) 65.

  2. Q2 · 1 mark · Very short answerBoard level

    Who appoints the judges of a High Court?

    Hint

    Head of State.

    Answer

    The President, after consulting the Chief Justice of India and the Governor.

  3. Q3 · 2 marks · Short answerBoard level

    What is a court of record? State one power that goes with it.

    Hint

    Permanent records.

    Answer

    A court whose proceedings and judgments are kept as permanent records and accepted as evidence; it can punish for contempt of court.

  4. Q4 · 3 marks · Short answerHarder board level

    How can a Supreme Court judge be removed? Mention the ground and the majority.

    Hint

    Parliament and President.

    Answer

    By the President after each House 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.

  5. Q5 · 1 mark · Assertion-reasonHarder board level

    Assertion (A): The law declared by the Supreme Court is binding on all courts in India.
    Reason (R): The Supreme Court is a court of record with judicial review.
    (a) Both A and R are true and R is the correct explanation of A.
    (b) Both A and R are true but R is not the correct explanation of A.
    (c) A is true but R is false.
    (d) A is false but R is true.

    Hint

    Article 141.

    Answer

    (b) Both true; the binding force comes from Article 141 and the Court's position as the highest court.

  6. Q6 · 4 marks · Long answerHarder board level

    Describe the jurisdiction of a High Court in four points.

    Hint

    Original, writ, appellate, supervision.

    Answer

    Original: certain cases such as Fundamental Rights and election petitions. Writ: Article 226. Appellate: civil and criminal appeals from subordinate courts. Supervision: Article 227 gives superintendence over all courts and tribunals in its area (also revisory and court of record).

  7. Q7 · 4 marks · Case-basedHOTS / competency

    Case-based. A State law bans a peaceful public meeting without giving any reason. A citizen argues it violates a Fundamental Right. (i) Which court can she approach directly under Article 32 or 226? (ii) Which power of the court will be used? (iii) What could be the result?

    Hint

    Judicial review.

    Answer

    (i) The Supreme Court (Article 32) or the High Court (Article 226). (ii) Judicial review, by issuing a writ. (iii) If the law violates a Fundamental Right, the court can declare it void.

  8. Q8 · 3 marks · Short answerHOTS / competency

    "The independence of the judiciary is essential for democracy." Give three safeguards found in the chapter.

    Hint

    Appointment, removal.

    Answer

    Judges are appointed after consultation with senior judges, and in practice through the collegium; removal requires a special majority in both Houses and proof of misbehaviour or incapacity; judges have fixed tenure till 65 or 62.

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 is the guardian of the Constitution?Show answer

    The Supreme Court (through judicial review).

  2. 2.What does habeas corpus mean?Show answer

    To have the body.

  3. 3.Where does the Supreme Court sit?Show answer

    New Delhi.

  4. 4.Tenure of a High Court judge?Show answer

    Until age 62.

  5. 5.Which Article gives advisory jurisdiction?Show answer

    Article 143.

The Judiciary: Supreme Court, High Courts, Jurisdiction and Writs: frequently asked questions

What is a collegium?

A system developed through Supreme Court judgments by which the Chief Justice and senior-most judges recommend appointments.

Can a High Court judge be transferred?

Yes, by the President after consulting the Chief Justice of India.

What is contempt of court?

Disobeying court orders or scandalising the court, which the court can punish.

What does quo warranto mean?

'By what authority': it asks a public office holder to show the right to hold the office.