The Judiciary in India and the USA: ISC Class 12 Political Science

What The Judiciary is about

Weightage: CISCE publishes no chapter or unit weightage for ISC Political Science. The Judiciary is part of Section A: Organs of the Government, 6 of the 2027 syllabus and can be asked anywhere in the 80-mark Paper I (Section A 16 one-mark items, Section B 4-mark short answers, Section C 8-mark long answers).Source: CISCE ISC Political Science (852) syllabus, examination year 2027; ISC 2027 specimen question paper

Key concepts

Conditions of independence of the judiciary

Independence means that judges decide cases impartially, without pressure from the executive, the legislature, parties or the public. It is ensured by:
1. Method of appointment: appointment by the executive on merit with consultation (India: by the President, in practice on the recommendation of the collegium of senior judges; USA: by the President with the Senate's consent), not by popular election or party choice.
2. Qualifications: high legal qualifications and experience.
3. Security of tenure: India - judges serve till 65 years of age; USA - for life 'during good behaviour'.
4. Difficult removal: India - only by an order of the President after an address by each House of Parliament passed by a special majority on grounds of proved misbehaviour or incapacity (Article 124(4)); USA - only by impeachment by the House and conviction by two-thirds of the Senate.
5. Fixed salaries and allowances: in India charged on the Consolidated Fund (not voted) and not reduced during tenure except in a financial emergency; in the USA compensation cannot be diminished during their term.
6. Separation of the judiciary from the executive (Article 50 in India).
7. No discussion of judges' conduct in the legislature, except in removal proceedings (Article 121).
8. Power to punish for contempt of court.
9. Ban on practising law after retirement (India: Supreme Court judges may not plead before any court in India).

Worked example

[4] How is the independence of the judiciary ensured in the Constitution of the USA? (Understand)

Try it first, then show the solutionSolution

1. Judges appointed by the President with the Senate's consent, on merit - 1 mark.
2. Tenure for life during good behaviour - 1 mark.
3. Removal only by impeachment and conviction by two-thirds of the Senate - 1 mark.
4. Their pay cannot be reduced during their term in office - 1 mark.

Answer: In the USA judges of the Supreme Court are appointed by the President with the consent of the Senate; they hold office for life during good behaviour; they can be removed only by impeachment by the House of Representatives and conviction by two-thirds of the Senate; and their compensation cannot be reduced while they hold office, so they are free from executive and legislative pressure.

Supreme Court of India: composition and original jurisdiction

Composition

• Strength: the Chief Justice of India and not more than 33 other judges (34 in all), as fixed by Parliament in 2019; Parliament can change the number.
• Tenure: judges hold office until they reach 65 years of age, unless they resign or are removed under Article 124(4).

Original jurisdiction (Article 131): cases that can be brought directly to the Supreme Court, and to no other court:
1. Disputes between the Government of India and one or more states.
2. Disputes between the Government of India and any state or states on one side and one or more other states on the other.
3. Disputes between two or more states.
The dispute must involve a question of law or fact on which a legal right depends. Exclusions include disputes arising from pre-Constitution treaties and agreements, and inter-state river water disputes referred to tribunals.

Writ jurisdiction (Article 32): any person can move the Supreme Court directly for the enforcement of Fundamental Rights; the Court can issue writs of habeas corpus, mandamus, prohibition, certiorari and quo warranto. This is sometimes treated as part of its original jurisdiction.

Worked example

[4] Explain the composition and original jurisdiction of the Supreme Court of India. (Recall)

Try it first, then show the solutionSolution

1. Composition: Chief Justice and up to 33 other judges (34) - 1 mark.
2. Tenure: until 65 years of age; removal only under Article 124(4) - 1 mark.
3. Original jurisdiction (Article 131): disputes between the Union and states or between states - 1 mark.
4. Writ jurisdiction (Article 32): direct petitions to enforce Fundamental Rights - 1 mark.

Answer: The Supreme Court of India consists of the Chief Justice and not more than 33 other judges, who hold office until the age of 65 and can be removed only under Article 124(4). Under Article 131 it has exclusive original jurisdiction in disputes between the Union and one or more states, or between states, and under Article 32 any person can approach it directly for the enforcement of Fundamental Rights.

Supreme Court of India: appellate and advisory jurisdiction

Appellate jurisdiction: the Supreme Court is the highest court of appeal in India.
1. Constitutional cases (Article 132): an appeal lies from a High Court if it certifies that the case involves a substantial question of law as to the interpretation of the Constitution.
2. Civil cases (Article 133): an appeal lies if the High Court certifies that (a) the case involves a substantial question of law of general importance, and (b) in its opinion the question needs to be decided by the Supreme Court.
3. Criminal cases (Article 134): an appeal lies if the High Court (a) has on appeal reversed an order of acquittal and sentenced the accused to death; or (b) has withdrawn a case from a subordinate court, tried it and sentenced the accused to death; or (c) certifies that the case is fit for appeal. Parliament has extended this by law to cases where the High Court reverses an acquittal and sentences the accused to life imprisonment or ten years or more.
4. Special leave to appeal (Article 136): the Supreme Court may, in its discretion, grant special leave to appeal from any judgment of any court or tribunal in India (except military tribunals).

Advisory jurisdiction (Article 143): the President may refer to the Supreme Court any question of law or fact of public importance; the Court may give its opinion (it may decline in some cases); the opinion is not binding on the President. Examples include references on the Kerala Education Bill (1958) and on the Ayodhya dispute (which the Court declined, 1994).

Worked example

[4] A litigant loses a property case in a High Court, and a man is sentenced to death by a High Court after his acquittal is reversed. On what grounds can each case go on appeal to the Supreme Court of India? (Understand)

Try it first, then show the solutionSolution

1. Civil (Article 133): High Court certifies a substantial question of law of general importance - 1 mark.
2. Civil: High Court is of the opinion that the question needs to be decided by the Supreme Court - 1 mark.
3. Criminal (Article 134): High Court reversed an acquittal and sentenced to death, or withdrew a case and sentenced to death - 1 mark.
4. Criminal: High Court certifies the case fit for appeal; Parliament has extended appeals to life or 10-year sentences - 1 mark.

Answer: In civil cases an appeal lies to the Supreme Court when the High Court certifies that the case involves a substantial question of law of general importance that, in its opinion, needs a decision by the Supreme Court (Article 133). In criminal cases an appeal lies when the High Court has reversed an acquittal and sentenced the accused to death, or has withdrawn a case to itself and sentenced the accused to death, or certifies the case as fit for appeal (Article 134); a law of Parliament also allows appeals where the High Court reverses an acquittal and imposes life imprisonment or ten years or more.

Supreme Court of the USA: composition and jurisdiction

Composition

• Strength: nine judges (the Chief Justice and eight Associate Justices), a number fixed by Congress (since 1869).
• Tenure: for life, 'during good behaviour'; they may retire voluntarily; removal only by impeachment.

Original jurisdiction (Article III): cases
1. affecting ambassadors, other public ministers and consuls; and
2. in which a state is a party (for example disputes between two states).
These are few in number.

Appellate jurisdiction
1. Appeals from the lower federal courts (Courts of Appeals) and from the highest courts of the states in cases involving the US Constitution, federal laws or treaties.
2. Most cases reach it through a writ of certiorari, which the Court grants at its discretion; it hears only a small fraction of the cases brought to it.
3. The Court gives no advisory opinions: since 1793 it has refused to advise the executive, deciding only actual cases and controversies.

Worked example

[4] Describe the composition and jurisdiction of the US Supreme Court. (Recall)

Try it first, then show the solutionSolution

1. Nine judges: the Chief Justice and eight Associate Justices - 1 mark.
2. Life tenure during good behaviour; removal by impeachment - 1 mark.
3. Original: cases affecting ambassadors and consuls, and those where a state is a party - 1 mark.
4. Appellate: appeals from federal courts and state supreme courts on federal questions, mostly by certiorari - 1 mark.

Answer: The US Supreme Court has nine judges, the Chief Justice and eight Associate Justices, who hold office for life during good behaviour and can be removed only by impeachment. Its original jurisdiction covers cases affecting ambassadors, ministers and consuls and cases in which a state is a party; its appellate jurisdiction covers appeals from the federal courts and state supreme courts on questions of the Constitution, federal law and treaties, mostly taken up by writ of certiorari.

Judicial review: meaning and maxims

Meaning: judicial review is the power of the courts to examine laws passed by the legislature and orders of the executive and to declare them void if they violate the constitution. A law found to be beyond the powers given by the constitution is 'ultra vires' (beyond the powers) and unconstitutional.

Origin: in the USA it is not written in the Constitution; Chief Justice John Marshall asserted it in Marbury v. Madison (1803). In India it is based on Articles 13 (laws inconsistent with Fundamental Rights are void), 32 and 226 (writ powers) and is part of the basic structure.

Maxims (principles) of judicial review
1. It is not automatic: the court acts only when a case is brought before it by an aggrieved party (or, in India, through public interest litigation).
2. Presumption of constitutionality: a law is presumed valid; the person challenging it must prove that it is unconstitutional.
3. The court must give reasons (grounds) for declaring a law invalid.
4. Decisions on constitutional questions are taken by a bench of judges, by majority.
5. The court avoids purely political questions and does not judge the wisdom or policy of a law, only its constitutionality.
6. Severability: if only part of a law is unconstitutional, the court strikes down that part and saves the rest, if it can stand alone.
7. A law declared invalid ceases to operate from the date of the decision (prospective effect, as a rule).
8. Standard of review: in the USA, 'due process of law' lets courts examine whether a law is fair and reasonable; in India the Constitution uses 'procedure established by law' (Article 21), originally narrower, though since Maneka Gandhi (1978) Indian courts also test fairness and reasonableness.

Worked example

[4] Courts do not strike down laws at will. Explain two principles (maxims) that limit how judicial review is exercised. (Understand)

Try it first, then show the solutionSolution

1. Not automatic: the court reviews a law only when a case is brought before it - 2 marks.
2. Presumption of constitutionality: a law is presumed valid and the challenger must prove otherwise; reasons must be given for striking it down - 2 marks.

Answer: (1) Judicial review is not automatic: courts examine a law only when a person affected by it brings a case, not on their own as a routine. (2) Presumption of constitutionality: every law is presumed to be valid, so the burden lies on the challenger to show that it violates the constitution, and the court must state clear grounds before declaring it void. (Other maxims: severability, decisions by a bench, avoidance of political questions.)

Comparison of the Indian and US Supreme Courts

1. Strength: India - Chief Justice and up to 33 others (34); USA - nine.
2. Tenure: India - till 65 years; USA - for life during good behaviour.
3. Appointment: India - by the President, in practice on the collegium's recommendation; USA - by the President with the Senate's confirmation.
4. Removal: India - by the President on an address by both Houses by special majority (Article 124(4)); USA - by impeachment and conviction by the Senate.
5. Jurisdiction: India - original, writ, appellate (constitutional, civil, criminal, special leave) and advisory; USA - original and appellate only, no advisory opinions.
6. Judicial system: India - single integrated judiciary with the Supreme Court at the top of all courts; USA - dual system of federal and state courts.
7. Judicial review: India - based on Articles 13, 32 and 226 and 'procedure established by law', limited by the Constitution's detail and amendments; USA - derived from Marbury v. Madison and 'due process of law', making the US court very powerful.
8. Both are guardians of the constitution, protectors of rights and umpires of federalism.

Worked example

[4] Compare the Supreme Courts of India and the USA on composition and jurisdiction. (Analyse)

Try it first, then show the solutionSolution

1. Strength: 34 (India) versus 9 (USA) - 1 mark.
2. Tenure: till 65 (India) versus life (USA) - 1 mark.
3. Jurisdiction: India has original, appellate and advisory; the USA original and appellate only - 1 mark.
4. India's appellate jurisdiction is wider (civil, criminal, constitutional, special leave) in a single integrated judiciary - 1 mark.

Answer: India's Supreme Court has the Chief Justice and up to 33 other judges serving until 65, while the US Supreme Court has nine judges serving for life. India's court has original, appellate (constitutional, civil, criminal and special leave) and advisory jurisdiction at the head of a single integrated judiciary; the US court has only original and appellate jurisdiction, gives no advisory opinions and heads only the federal side of a dual system.

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

• Judicial Review: Meaning and Principles (Maxims)
• The Supreme Courts of India and the USA Compared

The Judiciary: key facts

Indian Supreme Court

Chief Justice + up to 33 judges; till 65; removal Article 124(4)

Salary charged on the Consolidated Fund.

Indian jurisdiction

Original (131), writ (32), appellate (132, 133, 134, 136), advisory (143)

Advisory opinion not binding.

US Supreme Court

Nine judges; life tenure; removal by impeachment

Original and appellate only; certiorari.

Judicial review

Marbury v. Madison, 1803 (USA); Articles 13, 32, 226 (India)

Ultra vires; severability.

Standards

USA: due process of law; India: procedure established by law (Article 21)

Maneka Gandhi (1978) widened Indian review.

How the board 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.

• Independence: 'A-T-R-S-S'

  Appointment on merit, Tenure secure, Removal difficult, Salary fixed, Separation from executive.

  Use it when: Conditions of independence.

• India's jurisdiction: 'O-W-A-A'

  Original (131), Writ (32), Appellate (132-136), Advisory (143).

  Use it when: Powers of the Indian Supreme Court.

• Maxims: 'NAP-RBS'

  Not automatic, Assumed valid (presumption), Political questions avoided, Reasons given, Bench decides, Severability.

  Use it when: Maxims of judicial review.

The Judiciary: board-level solved questions

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

Case-study practice (Section D style)

Read the situation, then answer every part. In the board paper this is a 8-mark question split into 2 + 2 + 2 + 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: Writing the meaning of judicial review instead of its maxims

  CISCE examiners' comments, 2024: candidates 'Wrote the meaning of judicial review instead of its maxims.'

  ✓Do this: When maxims are asked, write principles: not automatic, presumption of constitutionality, reasons given, bench decision, severability.

  Usually costs: Up to 4 marks.

• ✗Mistake: Generic answers on appellate jurisdiction

  CISCE examiners' comments, 2025: candidates 'Understood the term "appellate" but not how civil and criminal cases reach the Supreme Court; wrote generic answers instead of citing the specific grounds.'

  Wrong working

  The Supreme Court hears appeals in civil and criminal cases from High Courts.

  Right working

  Civil: on a High Court certificate of a substantial question of law of general importance. Criminal: if the High Court reverses an acquittal and sentences to death, or certifies fitness.

  ✓Do this: Learn the grounds of Articles 133 and 134.

  Usually costs: Up to 3 marks.

• ✗Mistake: Not knowing judicial review, ultra vires and severability

  CISCE examiners' comments, 2025: candidates 'Did not know the power (judicial review) asserted in Marbury v. Madison', 'Were unfamiliar with the terms ultra vires and severability' and 'Lacked clarity on how judicial independence is ensured in the US Constitution.'

  ✓Do this: Make a glossary: judicial review, ultra vires, severability, certiorari, due process.

  Usually costs: Up to 6 marks.

• ✗Mistake: Confusing Indian and US tenure

  The 2025 paper asked whether US Supreme Court judges serve until 65; mixing up the two systems loses the mark.

  ✓Do this: India: till 65. USA: life.

  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 · Very short answerBoard level

   Name the case in which judicial review was first asserted in the USA.

   Hint

   1803.

   Answer

   Marbury v. Madison (1803).

2. Q2 · 1 mark · Very short answerBoard level

   What is the retirement age of judges of the Supreme Court of India?

   Hint

   High Courts: 62.

   Answer

   65 years.

3. Q3 · 1 mark · MCQBoard level

   Which Article gives the Supreme Court of India advisory jurisdiction?
   (a) Article 131
   (b) Article 136
   (c) Article 143
   (d) Article 32

   Hint

   Presidential reference.

   Answer

   (c) Article 143.

4. Q4 · 1 mark · Very short answerHarder board level

   Give the term for the doctrine by which only the invalid part of a law is struck down.

   Hint

   Separate the parts.

   Answer

   Severability.

5. Q5 · 4 marks · Short answerHarder board level

   [4] Explain the special leave and constitutional appellate jurisdiction of the Supreme Court of India.

   Hint

   Articles 136 and 132.

   Answer

   Constitutional (Article 132): an appeal lies from a High Court in any civil, criminal or other case if the High Court certifies that it involves a substantial question of law as to the interpretation of the Constitution. Special leave (Article 136): the Supreme Court may, at its discretion, grant special leave to appeal from any judgment, decree or order of any court or tribunal in India, except military tribunals, which makes its appellate power very wide.

6. Q6 · 4 marks · Short answerBoard level

   [4] Explain four conditions necessary for the independence of the judiciary.

   Hint

   A-T-R-S-S.

   Answer

   (1) Appointment on merit by a non-partisan method. (2) Security of tenure: till 65 in India, for life in the USA. (3) Removal only by a difficult special procedure for proved misbehaviour or incapacity. (4) Fixed salaries that cannot be reduced during tenure; separation of judiciary from executive.

7. Q7 · 4 marks · Short answerHOTS / competency

   [4] Distinguish between 'due process of law' and 'procedure established by law'.

   Hint

   Fairness versus form.

   Answer

   (1) Due process of law (USA) lets courts examine whether a law is just, fair and reasonable, not merely whether it was properly made. (2) Procedure established by law (India, Article 21) originally meant only that the law was validly enacted and followed. (3) So the US court had wider power to strike down unfair laws. (4) After Maneka Gandhi (1978) the Indian Supreme Court held that the procedure must be fair, just and reasonable, bringing the two closer.

8. Q8 · 4 marks · Short answerHOTS / competency

   [4] Why is judicial review necessary in a federation and a democracy? Give four reasons.

   Hint

   Constitution, federalism, rights, limited government.

   Answer

   (1) It maintains the supremacy of the constitution over ordinary laws. (2) It keeps the Centre and the units within their spheres in a federation. (3) It protects fundamental rights against the majority and the executive. (4) It enforces limited government and the rule of law, preventing abuse of power.

9. Q9 · 8 marks · Long answerHOTS / competency

   [8] Compare the Supreme Courts of India and the USA on composition, appointment and removal, jurisdiction and judicial review.

   Hint

   Four comparisons of two marks each.

   Answer

   Composition: India has the Chief Justice and up to 33 others who retire at 65; the USA has nine judges with life tenure. Appointment and removal: Indian judges are appointed by the President on the collegium's advice and removed by an address of both Houses by special majority; US judges are appointed by the President with Senate consent and removed by impeachment. Jurisdiction: India has original, writ, appellate (constitutional, civil, criminal, special leave) and advisory jurisdiction in a single integrated judiciary; the USA has only original and appellate jurisdiction in a dual system. Judicial review: India's rests on Articles 13, 32 and 226 and 'procedure established by law', widened by later judgments; the USA's rests on Marbury v. Madison and 'due process', traditionally broader.

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.How many judges sit on the US Supreme Court?Show answer

   Nine.

2. 2.Which Article lets any person move the Supreme Court of India for Fundamental Rights?Show answer

   Article 32.

3. 3.What is a writ of certiorari in the US context?Show answer

   An order by which the Supreme Court agrees to review a lower court's decision.

4. 4.Under which Article is a judge of the Indian Supreme Court removed?Show answer

   Article 124(4).

5. 5.What does 'ultra vires' mean?Show answer

   Beyond the powers (granted by the constitution or law).

Quick revision checklist

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

• ☐Independence: appointment on merit, secure tenure, difficult removal, fixed pay, separation, no discussion of conduct, contempt power.
• ☐India: CJI + up to 33; till 65; original (131), writ (32), appellate (132-134, 136), advisory (143).
• ☐USA: nine; life; original (ambassadors, states) and appellate (federal questions, certiorari); no advisory opinions.
• ☐Judicial review: Marbury v. Madison 1803; Articles 13, 32, 226; ultra vires; severability.
• ☐Maxims: not automatic, presumption of constitutionality, reasons, bench, avoid political questions, severability, prospective effect.
• ☐Due process (USA) vs procedure established by law (India, widened by Maneka Gandhi 1978).

The Judiciary: frequently asked questions