Key Points at a Glance

These key points summarise the Supreme Court, High Courts, judicial review, judicial activism, e-courts, virtual courts and the collegium system for fast RAS revision.

1. Supreme Court of India — Foundation

   • Established 28 January 1950 under Articles 124–147
   • Came into existence with the Constitution on 26 January 1950 and was formally inaugurated on 28 January 1950
   • Has original, appellate, and advisory jurisdiction
   • Serves as the final court of appeal and guardian of the Constitution

2. Judicial Review — Constitutional Basis

   • Power of courts to examine the 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 the 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 in 2026
   • Newest: Andhra Pradesh HC at Amaravati (established 2019)
   • Each HC has original, appellate, writ 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 an inferior tribunal order
   • Prohibition — stop an 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

7. E-Courts Mission Mode Project — Three Phases

   • Phase I (implemented after the 2007 policy, with PIB listing the main implementation period as 2011–2015): computerisation of district and subordinate courts
   • Phase II (2015–2023): NJDG, Case Management System, e-Filing, SMS alerts
   • Phase III (2023 onwards): Budget Rs. 7210 crore — Digital Courts, Virtual Hearings, ICJS, paperless courts

8. Virtual Courts — COVID-19 and Beyond

   • Video-conferencing hearings became central from March 2020 during COVID-19
   • By 2024–2025, virtual and hybrid hearing data had moved from an emergency response into regular court infrastructure
   • FASTER system enables digital transmission of court orders to prisons and police

9. National Judicial Data Grid (NJDG)

   • Provides real-time data on cases pending in the Supreme Court, High Courts, district courts and subordinate courts through separate dashboards
   • Shows the pendency burden at the level of court, case type and age category
   • Case Management System (CMS) tracks case progress
   • e-Filing system enables digital submission of court petitions

10. 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)

11. 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)

12. 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