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
- Constitution of India, s. Article 124
- Constitution of India, s. Article 124(2) and article 124A
- Constitution of India, s. Articles 129 to 136, 141 to 144 and 32
- Constitution of India, s. Articles 32 and 226
- Constitution of India, s. Articles 13, 32, 144 and 226
- Constitution of India, s. Articles 121, 124, 125, 129, 146, 211, 215 and 235
- Constitution of India, s. Article 50, with articles 233 and 235