Supreme Court & High Courts: Structure, Jurisdiction & Constitutional Authority in India

By Adv. Prakash Chand Sharma
Chartered Engineer | High Court Advocate | CAO
Founder – Zumosun Universe, Techlam Legal Solutions, JPSD Taxsun LLP
Powered by: TheLegalCourt.com | TheLegalBank.com

Introduction

The Supreme Court of India and the High Courts form the backbone of India’s judicial system. They ensure the rule of law, protect constitutional rights, review administrative actions, and maintain federal balance.

As the protector of the Constitution, the judiciary plays a crucial role in:

• Constitutional interpretation

• Judicial review

• Protection of fundamental rights

• Governance oversight

• Maintaining legal order

• Safeguarding justice and equity

Understanding their structure and jurisdiction is essential for legal professionals, corporates, institutions, students, and governance bodies.

1. Supreme Court of India (Articles 124–147)

The Supreme Court is the highest court of the country and the guardian of the Constitution.

Composition:

• Chief Justice of India (CJI)

• Maximum 34 judges (including CJI)

Appointment of Judges

Judges are appointed by the President on the recommendation of the Collegium System (CJI + senior judges).

Tenure:

• Until 65 years of age

• Removal only by impeachment (special majority in Parliament)

2. Jurisdiction of Supreme Court

The Supreme Court has multiple types of jurisdiction:

⭐ A. Original Jurisdiction (Art. 131)

Only SC can hear disputes between:

• Centre & State(s)

• State & State

Example: Water dispute, boundary conflict, constitutional issues.

⭐ B. Writ Jurisdiction (Art. 32)

The Supreme Court can issue 5 writs:
Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto.
This is for protection of Fundamental Rights.

✔ Article 32 is part of Basic Structure.

⭐ C. Appellate Jurisdiction (Art. 132–136)

Appeals lie to the Supreme Court in:

• Constitutional matters

• Civil cases

• Criminal cases

• Special Leave Petitions (SLP under Art. 136)

SLP allows SC to hear any matter of public importance.

⭐ D. Advisory Jurisdiction (Art. 143)

The President can seek the opinion of the Supreme Court on questions of law or public importance.

⭐ E. Review & Curative Powers

• Review judgments under Art. 137

• Curative petition to prevent miscarriage of justice

3. High Courts (Articles 214–231)

Each State or group of States has a High Court.

Composition:

• Chief Justice

• Other judges appointed by the President

• Retirement age → 62 years

Appointment:

Collegium recommends, President appoints.

4. Jurisdiction of High Courts

High Courts have wide powers:

⭐ A. Writ Jurisdiction (Art. 226)

High Courts can issue writs:

• For Fundamental Rights

• For any other legal right

⚡ Wider than Supreme Court (SC only for FRs).

⭐ B. Original Jurisdiction

Some HC have original jurisdiction in:

• Civil matters

• Probate matters

• Matrimonial matters

• Company matters

Delhi, Bombay, Madras, Calcutta & Himachal Pradesh have original jurisdiction.

⭐ C. Appellate Jurisdiction

HC hears appeals from:

• Lower courts

• Tribunals

• Family courts

• Sessions courts

⭐ D. Supervisory Jurisdiction (Art. 227)

HC can supervise subordinate courts.

⭐ E. Control over Subordinate Judiciary (Art. 235)

HC controls postings, promotions, transfers of district judges.

5. Comparison Between Supreme Court & High Court

6. Independence of Judiciary – Key Principles

Judicial independence is part of the Basic Structure.

Key safeguards:

• Fixed tenure

• Security of salary

• Removal only by impeachment

• No criticism in Parliament on conduct of judges

• Separation of judiciary from executive (Art. 50)

7. Role of Judiciary in Governance & Business

The judiciary ensures:

✔ Administrative fairness

✔ Protection from arbitrary government action

✔ Constitutionally compliant policies

✔ Freedom of trade & business

✔ Protection of corporate rights

✔ Judicial review against wrongful tax, regulatory, or compliance orders

This makes Indian courts central to corporate governance and regulatory control.

Conclusion

The Supreme Court and High Courts form the judicial backbone of India. They uphold constitutional supremacy, ensure justice, protect rights, and maintain the balance between the Centre and the States. Their powers — from writs to appellate review — make them vital institutions for legal order, governance, and democratic functioning.

Understanding their structure and jurisdiction is essential for lawyers, institutions, business entities, and citizens seeking constitutional protection and legal remedy.

Author

Adv. Prakash Chand Sharma
Chartered Engineer | High Court Advocate | CAO
Founder – Zumosun Universe, Techlam Legal Solutions, JPSD Taxsun LLP
Powered by: TheLegalCourt.com | TheLegalBank.com