Supreme Court, High Courts, Judicial Review, Activism, Virtual/E-Courts
Key facts
- Supreme Court of India — Foundation — Established 28 January 1950 under Articles 124–147 — Has original, appellate, and advisory jurisdiction
- Judicial Review — Constitutional Basis — Power of courts to examine constitutional validity of legislative and executive acts
- Judicial Activism and PIL — Origins — Refers to proactive role of courts in protecting rights and enforcing governance obligations
- High Courts — Basic Facts — Constituted under Articles 214–231 — India has 25 High Courts as of 2025
- Five Writs — Articles 32 & 226 — Habeas Corpus — produce the body (protects against illegal detention) — Mandamus — command to perform a legal duty
Key Points at a Glance
- 1
Supreme Court of India — Foundation
- Established 28 January 1950 under Articles 124–147
- Has original, appellate, and advisory jurisdiction
- Serves as final court of appeal and guardian of the Constitution
- 2
Judicial Review — Constitutional Basis
- Power of courts to examine constitutional validity of legislative and executive acts
- Implied under Article 13 (laws inconsistent with fundamental rights are void)
- Also under Article 32/226 (writ jurisdiction)
- Declared part of the Constitution's basic structure in *Kesavananda Bharati v. State of Kerala* (1973)
- 3
Judicial Activism and PIL — Origins
- Refers to proactive role of courts in protecting rights and enforcing governance obligations
- Most visible through Public Interest Litigation (PIL)
- Pioneered by Justice P.N. Bhagwati and Justice V.R. Krishna Iyer in the late 1970s
- 4
High Courts — Basic Facts
- Constituted under Articles 214–231
- India has 25 High Courts as of 2025
- Newest: Andhra Pradesh HC at Amaravati (established 2019)
- Each HC has original, appellate, and supervisory jurisdiction over subordinate courts
- 5
Five Writs — Articles 32 & 226
- Habeas Corpus — produce the body (protects against illegal detention)
- Mandamus — command to perform a legal duty
- Certiorari — quash inferior tribunal order
- Prohibition — stop inferior tribunal from exceeding jurisdiction
- Quo Warranto — by what authority do you hold this office?
- 6
Landmark SC Cases — Constitutional Milestones
- *Shankari Prasad* (1951) — Parliament can amend Fundamental Rights
- *Golaknath* (1967) — Parliament cannot amend Fundamental Rights
- *Kesavananda Bharati* (1973) — Basic Structure Doctrine established
- *Maneka Gandhi* (1978) — expanded Article 21 to include dignity
- *Vishakha* (1997) — sexual harassment at workplace guidelines
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E-Courts Mission Mode Project — Three Phases
- Phase I (2007–2015): Computerisation of district and subordinate courts
- Phase II (2015–2023): NJDG, Case Management System, e-Filing, SMS alerts
- Phase III (2023–2027): Budget ₹7,210 crore — Digital Courts, Virtual Hearings, ICJS, paperless courts
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Virtual Courts — COVID-19 and Beyond
- Introduced by the Supreme Court in March 2020 during COVID-19
- Over 24 lakh cases heard via virtual hearing by 2025
- FASTER system enables digital transmission of court orders to prisons and police
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National Judicial Data Grid (NJDG)
- Provides real-time data on cases pending in all courts
- 4.4 crore pending cases as of early 2025
- Case Management System (CMS) tracks case progress
- e-Filing system enables digital submission of court petitions
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Collegium System — Evolution
- Mechanism for appointing SC and HC judges
- Evolved through Three Judges Cases: *S.P. Gupta* (1982), *SCAORA* (1993), *Re Presidential Reference* (1998)
- NJAC Act (2015) struck down as violating judicial independence (basic structure)
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Judicial Overreach — Concept
- Occurs when courts cross into legislative or executive domains
- Distinct from judicial activism
- Examples: micromanaging cricket governance (*BCCI* case), ordering pothole repairs, mandating speed governors
- Core exam theme: debate between judicial activism (rights protection) vs. judicial overreach (separation of powers)
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Recent Significant SC Judgments
- *Navtej Singh Johar v. UoI* (2018) — decriminalised homosexuality (Section 377 IPC)
- *Joseph Shine v. UoI* (2018) — struck down adultery law
- *Sabarimala* (2018) — entry of women of all ages
- *Electoral Bonds case* (2024) — scheme declared unconstitutional
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Introduction & Context
The Supreme Court, judicial review and e-courts matter for RAS because they show how India's judiciary protects constitutional rights, checks state power and modernises access to justice under a heavy pendency burden. India's Supreme Court was established on 28 January 1950, inheriting the jurisdiction of the Federal Court of India (1937–1950) and the Privy Council (the highest appellate body before independence). It is housed in New Delhi and constituted under Part V, Chapter IV of the Constitution (Articles 124–147).
The National Judicial Data Grid's separate court-level dashboards show a substantial, continuously changing pendency burden, which makes court modernisation a governance question rather than a technical footnote.
Why the SC Matters Beyond Adjudication
The Supreme Court's role extends far beyond settling disputes. Through judicial review and Public Interest Litigation, it has become an active participant in India's constitutional democracy — interpreting rights, enforcing governance obligations, and shaping public policy in ways that have no parallel in Westminster-model judiciaries. This expansive role, celebrated as democratic activism and sometimes criticised as judicial overreach, defines the Indian judiciary's distinctive character.
The E-Courts Dimension
The e-courts transformation, accelerated dramatically by COVID-19 but rooted in the 2007 National Policy and Action Plan, represents the third dimension of this topic. It is the technological modernisation of a justice delivery system burdened by crores of pending cases. For RAS answers, that means the topic should not be treated as a narrow law chapter: it connects polity, governance, digital public infrastructure, service delivery and access to justice.
Pendency Crisis — Scale:
The live NJDG dashboards report pendency separately for the Supreme Court, High Courts, and district and subordinate courts; their totals change as cases are filed and decided.
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15MWhat is judicial review? State its constitutional basis in India.
Model Answer
Judicial Review is the power of courts to examine the constitutional validity of legislative acts and executive orders, and strike them down if inconsistent with the Constitution. Its basis: Article 13 (laws violating Fundamental Rights are void), Article 32/226 (writ jurisdiction), and Article 131–136 (appellate jurisdiction). In *Kesavananda Bharati* (1973), the SC declared judicial review part of the basic structure — even constitutional amendments cannot remove it.
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