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Indian Polity · 25 min read
The judiciary and the federal provisions belong together because they answer the same question from two directions. The courts decide where the power of each organ stops; the Seventh Schedule and Part XI decide where the power of the Union stops and that of a state begins. When the two meet — as they do whenever a court strikes down a state law for encroaching on a Union subject — you get the kind of question papers are most fond of.
This page keeps the mechanics precise: which writ lies against whom, which court has which jurisdiction, which list a subject sits in, and what the 73rd and 74th Amendments actually did. Case names are given where a case is itself the answer.
Current affairs · 19 September 2026
Every item is dated, read on the conducting body’s or ministry’s own site, and written with the question it becomes. Read today’s items, take the quiz, or download the month as a PDF.
Today’s poster
Why it matters
| Exam | Expected questions | How it usually appears |
|---|---|---|
| UPSC Prelims GS Paper 1 | 4–6 questions | Writs, jurisdictions and Centre–state legislative relations are the recurring areas. |
| SSC CGL / CHSL Tier 1 | 3–4 questions | Article numbers, court strengths, retirement ages and the two Schedules. |
| State PSC Prelims | 4–6 questions | Panchayati Raj is weighted heavily, often with state-specific detail. |
| RRB NTPC / Group D | 2–3 questions | Basic recall — which court, which writ, which amendment. |
| CLAT / AILET Legal Reasoning | 3–5 questions | Court hierarchy, writ jurisdiction and landmark cases. |
Composition and jurisdiction
Established under Article 124 and inaugurated on 28 January 1950, the Supreme Court is at once the highest court of appeal, the guardian of the Constitution and the guarantor of fundamental rights. Those three roles map onto three distinct jurisdictions.
| Jurisdiction | Article | What it covers |
|---|---|---|
| Original | Article 131 | Disputes between the Union and one or more states, or between states. This is the federal jurisdiction, and it is exclusive to the Supreme Court. |
| Writ | Article 32 | Enforcement of fundamental rights. Article 32 is itself a fundamental right, which Ambedkar called the heart and soul of the Constitution. |
| Appellate | Articles 132 to 134 | Appeals in constitutional, civil and criminal matters from High Courts, generally on a certificate from the High Court concerned. |
| Special leave | Article 136 | Discretionary leave to appeal from any judgment or order of any court or tribunal except a court martial. The widest of the court's powers. |
| Advisory | Article 143 | The President may refer a question of law or fact of public importance for the court's opinion. The court may decline, and the opinion does not bind the President. |
| Review | Article 137 | Power to review its own judgments. A curative petition, a judge-made remedy beyond review, was recognised in Rupa Ashok Hurra in 2002. |
The rest of the hierarchy
India has a single integrated judiciary — there is no separate set of state courts as in the United States — so a case can travel from a district court to a High Court to the Supreme Court without leaving one hierarchy.
PIL relaxed the traditional rule that only a person whose own right is affected may approach the court, allowing any public-spirited person to move the court on behalf of those who cannot. It grew from the late 1970s, associated with Justices P. N. Bhagwati and V. R. Krishna Iyer, and rests on Articles 32 and 226. Its virtue is access; its criticised cost is judicial involvement in matters of policy.
Which lies against whom
The five writs are the most reliably examined item in the whole polity syllabus, because each has a precise scope and the wrong writ is the obvious distractor.
| Writ | Literal meaning | When it lies |
|---|---|---|
| Habeas corpus | To have the body | To produce a detained person before the court and test the legality of the detention. It lies against both public authorities and private persons. |
| Mandamus | We command | To compel a public authority to perform a public duty it has refused to perform. It does not lie against a private individual, against the President or a Governor, or to enforce a discretionary or contractual duty. |
| Prohibition | To forbid | Issued by a higher court to a lower court or tribunal to stop it exceeding its jurisdiction — while the proceedings are still going on. It lies only against judicial and quasi-judicial bodies. |
| Certiorari | To be certified | Issued by a higher court to quash an order already passed by a lower court or tribunal that exceeded its jurisdiction or erred in law. It lies after the fact, and since 1991 also against administrative authorities affecting rights. |
| Quo warranto | By what authority | To question a person's right to hold a public office. Any interested person may seek it, not only an aggrieved party, and it does not lie in respect of a private or ministerial office. |
Appointment, removal and the collegium
How judges are chosen has been contested for four decades, and the sequence of cases that settled it is asked directly.
| Case and year | Popular name | What it decided |
|---|---|---|
| S. P. Gupta, 1981 | First Judges Case | The word "consultation" in Article 124 did not mean concurrence, so the executive's view prevailed. |
| Supreme Court Advocates-on-Record Association, 1993 | Second Judges Case | Reversed the first: consultation does mean concurrence, and the Chief Justice's recommendation, formed with senior colleagues, binds. This created the collegium. |
| In re Presidential Reference, 1998 | Third Judges Case | Clarified the collegium as the Chief Justice plus the four senior-most judges of the Supreme Court, acting collectively. |
| SC Advocates-on-Record Association, 2015 | Fourth Judges Case | Struck down the 99th Amendment and the National Judicial Appointments Commission as violating the independence of the judiciary, part of the basic structure. The collegium was restored. |
Union, states and the three lists
Article 1 declares that India, that is Bharat, shall be a Union of States. The word "federation" appears nowhere in the Constitution, and the choice of "Union" was deliberate.
| List | Who legislates | Representative subjects |
|---|---|---|
| Union List | Parliament alone | Defence, foreign affairs, atomic energy, railways, banking, currency, citizenship, census, posts and telegraphs. It is the longest of the three lists and has grown slightly since 1950. |
| State List | State legislatures, subject to the exceptions in Articles 249, 250, 252 and 253 | Public order, police, public health and sanitation, agriculture, local government, land, state excise, betting and gambling. It has shrunk since 1950. |
| Concurrent List | Both, with the Union prevailing in case of conflict under Article 254 | Criminal law and procedure, marriage and divorce, bankruptcy, trade unions, economic and social planning, education, forests, and protection of wild animals and birds. |
Five subjects were transferred from the State List to the Concurrent List in 1976 — education, forests, weights and measures, protection of wild animals and birds, and administration of justice with the constitution and organisation of all courts except the Supreme Court and High Courts. This is why education and forests are concurrent today, and it is asked directly. The exact number of entries in each list has changed several times through amendments, so learn the character of each list rather than a precise entry count.
Legislative, administrative, financial
Part XI covers legislative and administrative relations and Part XII the financial. The recurring theme is that the Union may enter the state field in defined circumstances, but never the reverse.
| Provision | Trigger | Duration |
|---|---|---|
| Article 249 | A Rajya Sabha resolution supported by two-thirds of members present and voting, that it is in the national interest | One year, renewable by further resolutions. |
| Article 250 | A proclamation of national emergency is in force | The law ceases six months after the emergency ends. |
| Article 252 | Two or more state legislatures request Parliament to legislate for them | Applies to those states, and to any other that adopts it later. Only Parliament can amend or repeal such a law. |
| Article 253 | Implementing an international treaty, agreement or convention | No time limit. This is how many environmental laws were enacted. |
| Article 356 | President's rule is in operation in the state | The law continues beyond the proclamation until altered by the state legislature. |
The 73rd and 74th Amendments
Local government was a Directive Principle under Article 40 for forty years before two amendments in 1992 made it a constitutional obligation. State PSC papers examine this block heavily.
| Feature | 73rd Amendment (Panchayats) | 74th Amendment (Municipalities) |
|---|---|---|
| Part and articles added | Part IX, Articles 243 to 243-O | Part IX-A, Articles 243-P to 243-ZG |
| Schedule added | Eleventh Schedule, listing 29 subjects | Twelfth Schedule, listing 18 subjects |
| Came into force | 24 April 1993, now observed as National Panchayati Raj Day | 1 June 1993 |
| Structure created | Three tiers — village, intermediate and district — with the intermediate tier optional for states with a population below twenty lakh | Three types — Nagar Panchayat for a transitional area, Municipal Council for a smaller urban area, Municipal Corporation for a larger urban area |
| Term | Five years, with elections before expiry, and a body dissolved early must be reconstituted within six months | The same five-year rule applies |
Solved examples
Read the steps rather than the answer. The method is what transfers to the next question.
A tribunal is about to pass an order it has no jurisdiction to pass. Which writ should be sought?
Answer: Prohibition — prohibition prevents, certiorari cancels.
Why is the writ jurisdiction of a High Court wider than that of the Supreme Court?
Answer: Article 226 covers any legal right; Article 32 covers fundamental rights alone.
A state law and a Union law on a Concurrent List subject conflict. Which prevails?
Answer: The Union law, unless the state law had presidential assent — and Parliament can still override it later.
What did the Fourth Judges Case decide?
Answer: It struck down the NJAC and restored the collegium system.
Can Parliament legislate on police, a State List subject, in normal times?
Answer: Yes, through Article 249 or one of the four other enabling provisions — not otherwise.
Which subjects moved from the State List to the Concurrent List, and when?
Answer: Those five, by the 42nd Amendment of 1976.
How many subjects are listed in the Eleventh and Twelfth Schedules, and what are they for?
Answer: Twenty-nine and eighteen respectively — lists of devolvable functions, not automatic transfers.
A person continues to occupy a public office after ceasing to be qualified for it. What remedy lies?
Answer: Quo warranto.
Practice
Work each one out before you reveal the answer — the explanation is where the marks are.
Q1The writ of habeas corpus is issued to:
Q2The present sanctioned strength of the Supreme Court is:
Q3Judges of a High Court retire at the age of:
Q4Article 141 provides that:
Q5The collegium system in its present form was settled by the:
Q6Education was transferred from the State List to the Concurrent List by the:
Q7The residuary powers of legislation are vested in:
Q8The 73rd Amendment came into force on:
Q9The Eleventh Schedule contains how many subjects?
Q10The GST Council is provided for by:
Q11The first state to implement Panchayati Raj was:
Q12A writ of mandamus cannot be issued against:
Q13The original jurisdiction of the Supreme Court under Article 131 covers:
Q14A judge of the Supreme Court can be removed on the ground of:
Q15The Inter-State Council is established under:
Q16Not less than what proportion of seats in panchayats is reserved for women?
Questions
Both, in different respects, which is why it is usually called quasi-federal. It is federal in having a written supreme Constitution, a division of powers, an independent judiciary and a second chamber representing the states. It is unitary in having a strong Centre with residuary powers, single citizenship, an integrated judiciary, centrally appointed Governors, All India Services and emergency provisions that can suspend the division altogether.
Timing. Prohibition is issued while a proceeding is still pending, to stop a lower court or tribunal from exceeding its jurisdiction. Certiorari is issued after an order has been made, to quash it. Both lie against judicial and quasi-judicial bodies, and certiorari has since 1991 also been available against administrative authorities affecting rights.
Because Ambedkar described it so in the Constituent Assembly. It is the right to move the Supreme Court for the enforcement of the other fundamental rights, and it is itself a fundamental right — meaning the remedy is guaranteed at the same level as the right. Without it the other rights would be declarations without a means of enforcement.
The Chief Justice of India and the four senior-most judges of the Supreme Court, who recommend appointments and transfers of judges. It emerged from the Second and Third Judges Cases and is not mentioned in the Constitution. It is criticised for opacity and for judges appointing judges; the attempt to replace it with the NJAC was struck down in 2015 as violating judicial independence, part of the basic structure.
Not lawfully, on a subject within Union competence. Articles 256 and 257 require a state to ensure compliance with laws of Parliament and permit the Union to give directions, and Article 365 allows the President to treat non-compliance as a failure of constitutional machinery. A state's remedies are political, or a challenge in court to the law's validity — not unilateral refusal.
No, and this is the most common misunderstanding. The Eleventh Schedule lists subjects that a state legislature may devolve; it does not devolve them itself. Actual devolution of functions, funds and functionaries varies enormously between states, which is why the effectiveness of Panchayati Raj differs so much across the country.
A relaxation of the rule of standing, allowing any public-spirited person to approach the Supreme Court under Article 32 or a High Court under Article 226 on behalf of those unable to do so themselves. It developed from the late 1970s and is associated with Justices Bhagwati and Krishna Iyer. It expanded access to justice, and is criticised for drawing courts into questions of policy.
Fewer than the number of states, because Article 231 allows a single High Court for two or more states or union territories — and the total has been changed several times as new High Courts have been created. Treat the current number as something to verify rather than a fixed fact, and remember the reason the number does not match the number of states.
The sanctioned strength of the Supreme Court and of individual High Courts, the number of High Courts, the number of entries in each of the three lists, the state-level share of seats reserved for women in local bodies, and the composition and award period of the current Finance Commission. The writs, jurisdictions, articles and landmark cases do not change.
Four to six in UPSC Prelims, three to four in SSC CGL Tier 1, four to six in state PSC prelims where Panchayati Raj is weighted heavily, and three to five in CLAT and AILET. The five writs alone account for a question in a very large share of papers.
Attempt a timed mock while the formulas are fresh — that is what tells you which of them actually stuck.
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