Aspirant Academy

Polity, Governance and Current Affairs

Key Points at a Glance

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

Paper III · Unit 1 Section 1 of 12 0 PYQs 27 min
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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

  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. 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. 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. 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