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History of Courts · Unit 3

Courts under the Constitution; Rule of Law, Independence of the Judiciary and Separation of Powers

Unit 3 of History of Courts, Legislature and Legal Profession (syllabus: Module III — the integrated judiciary; the Supreme Court, its constitution, qualifications, tenure and its original, appellate, special leave, writ and advisory jurisdictions; the High Courts, Arts. 214, 215, 226 and 227; the subordinate courts, Arts. 233 and 235; the rule of law before and after independence; the seven devices securing judicial independence; and separation of powers under Art. 50). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • What is meant by saying that the Constitution created an integrated judiciary?
  • How is the Supreme Court constituted, and who may be appointed a Judge of it?
  • Why must the printed text of the appointment clause be read with its footnote?
  • What are the jurisdictions of the Supreme Court, and how should they be grouped?
  • How does the writ jurisdiction of a High Court differ from that of the Supreme Court?
  • How is the rule of law illustrated by its absence before independence and its construction after it?
  • By what devices does the Constitution secure the independence of the judiciary?
  • How far does the Constitution adopt the separation of powers, and what is the historical case for Article 50?

Treat that list as a self-test: recite each topic's rule from memory before you open its cases.

Provisions

Leading cases

Full case summaries

Exam questions on this unit