97. Supreme Court, High Courts, Judicial Review, Activism, Virtual/E-Courts

CORE Key Points at a Glance

1. 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. 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. 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. 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. 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. 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. 7

   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
8. 8

   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
9. 9

   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
10. 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. 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. 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