Higher Judiciary: Supreme Court and High Courts: UPSC Previous Year Questions (Polity)

Explanation

Statement 1 is correct: Under Article 124(2) and its interpretations in various SC judgments, The judges of the SC are appointed by the President based on the recommendations of the collegium system, which involves the Chief Justice of India and senior judges of the SC (In case of elevating a HC judge, CJ of concerned HC is also consulted).

Statement 2 is incorrect: SC judge can be removed from his office by an order of President. The President can order for removal of SC Judge only after an address by Parliament has been presented to him in the same session for such removal.

Statement 3 is correct: The salaries, allowances and pensions of the judges and the staff as well as all the administrative expenses of the SC are charges on the Consolidated Fund of India. Thus they are non-votable by the Parliament.

Statement 4 is incorrect: Under Article 146. The Chief Justice of India can appoint officers and servants of the SC and can also prescribe their conditions of service.

Explanation

A PIL lets individuals, NGOs, or groups file lawsuits to protect public interest, tackling significant social, environmental, or economic issues, often involving systematic or structural problems that affect many people.

Statement 1 is incorrect: Justice V R Krishna Iyer served the Supreme Court as a judge but never as Chief Justice.

Statement 2 is correct: Justice V R Krishna Iyer, a pioneer of Public Interest Litigation (PIL) in India, expanded the judiciary’s scope to address public grievances and protect marginalized groups. Along with V R Krishna Iyer, Justice P.N. Bhagwati, a key figure in the development of the PIL movement, significantly contributed to its growth through landmark cases such as S.P. Gupta vs. Union of India (1981), Hussainara Khatoon vs. State of Bihar (1979) expanding access to justice for public grievances.

Explanation

In India, Judges of the High Courts and Supreme Court are appointed by the President and enjoy a high degree of security of tenure. The mode of removal of these judges is an important aspect of the judicial independence enshrined in the Constitution.

Statement 1 is correct: According to Article 124(4) of the Constitution, a judge of the Supreme Court can only be removed through impeachment by the Parliament, following the same procedure prescribed for the removal of a High Court Judge under Article 217(1).

Statement 2 is incorrect: As per Article 220 of the Constitution of India, retired judges of the High Courts are not allowed to practice in the same High Court where they served as a judge. However, they can practice in other courts or before any authority in India. This provision prevents any conflict of interest or unfair advantage that might arise if a retired judge were allowed to practice in the same High Court where they had previously served.

Explanation

India’s justice system is a three-tiered structure comprising the Supreme Court at the top, followed by High Courts in each state or group of states, and subordinate courts at the district and local levels. This system ensures the rule of law, protection of rights, and fair adjudication of disputes. Assertion (A) is False: India has 28 states but only 25 High Courts. Some, like the Guwahati High Court, serve multiple states. Therefore, not every state has its own High Court. Reason (B) is True: The Indian Constitution provides for High Courts for each state (Article 214) but Article 231 also enables the Parliament to establish common HC for two or more states or for two or more States and a Union territory.

Explanation

PILs protect disadvantaged communities who can’t seek justice themselves. They can be filed in the Supreme Court and High Courts under Article 32 (right to move the Supreme Court) and Article 226 (power of High Courts to issue writs). Justice P.N. Bhagwati introduced Public Interest Litigation (PIL) in India in the 1980s, broadening the judiciary’s role to address public grievances and protect marginalized communities. His efforts democratized the judicial process, allowing direct court access for significant public matters. This made the justice system more accessible and responsive to societal issues. However, the concept was first pioneered by Justice V.R. Krishna Iyer in cases like Mumbai Kamgar Sabha vs. Abdulbhai Faizullabhai (1976) and Fertilizer Corporation Kamgar Union vs. Union of India (1981). Justice Bhagwati significantly expanded PILs through landmark cases like Hussainara Khatoon vs. State of Bihar (1979) and S.P. Gupta vs. Union of India (1981).

Explanation

The judges and the Chief Judge of a HC are appointed by the President after consultation with the Chief Justice of India and the Governor of the concerned state.

Statement 1 is incorrect: Article 220 of the Indian Constitution prohibits retired High Court judges from practicing in the same High Court but allows them to practice in other courts in India, including the Supreme Court.

Statement 2 is incorrect: Article 217 of the Indian Constitution stipulates that a person can be appointed as a High Court judge if they have held a judicial office in India for at least ten years or have served as an advocate of a High Court (or High Courts in succession) for at least ten years.

Explanation

The Indian Constitution provides for High Courts for each state (Article 214) but Article 231 also enables the Parliament to establish common HC for multiple states and UTs. The number of High Courts went from 24 to 25 after establishment of the Andhra Pradesh High Court in Amaravati in 2019.

Statement 1 is incorrect: In 2005 there were only 24 HCs.

Statement 2 is correct: Punjab, Haryana, and the Union Territory of Chandigarh share the Punjab and Haryana High Court, which is located in Chandigarh.

Statement 3 is correct: The National Capital Territory of Delhi is served by its own High Court, the Delhi High Court, which has jurisdiction exclusively over Delhi.

Explanation

The Supreme Court of India, established under Article 124 of the Constitution, came into existence on January 26, 1950. It initially operated from the old Parliament House.

Statement 1 is incorrect: Article 138 of the Indian Constitution provides that Parliament may, by law, extend the jurisdiction of the Supreme Court.

Statement 2 is correct: According to Article 146 for the Supreme Court and Article 229 for High Courts of the Constitution, the Chief Justice of India and Chief Justice of that high Court respectively, Chief Justice has the power to appoint officers and servants of the court. Their administrative expenses of the supreme court are charged on the Consolidated Fund of India.

Explanation

The National Human Rights Commission of India (NHRC), established on October 12, 1993, under the Protection of Human Rights Act 1993, promotes and protects human rights in India. It investigates complaints, recommends actions, reviews policies, and advises the government.

Option (c) is correct: Originally, the Protection of Human Rights Act 1993 allowed only a retired Chief Justice of India to be appointed as NHRC Chairperson. In 2019, this was amended to include retired Supreme Court judges as eligible candidates.

Explanation

In India, a High Court (HC) can have jurisdiction over more than one state or Union Territory. This means that a High Court may serve as the judiciary for multiple states and Union Territories.

Option (b) is correct: The Andaman and Nicobar Islands, a Union Territory of India, come under the jurisdiction of the Kolkata High Court. This arrangement is due to the geographical and administrative placement of the islands under the jurisdiction of West Bengal.