CDS Polity · Government Structure — Parliament, Judiciary and Constitutional Bodies

Supreme Court and High Courts

Who can become a Supreme Court judge, the kinds of cases the Supreme Court hears and the Articles behind them, and how High Courts and their benches are set up.

All Government Structure — Parliament, Judiciary and Constitutional Bodies notes

Why this matters

Ten CDS questions from 2016 to 2026: 6 MODERATE, 3 HARD and 1 EASY. The three routes to the Supreme Court bench were asked twice (2018 and 2026), each time with one route changed. Most of the rest name an Article, so learn the jurisdiction table with its numbers.

Concept 1 of 3: Judges of the Supreme Court

A Supreme Court judge must already know the law deeply. The Constitution gives three ways to show that: years as a High Court judge, years arguing cases in a High Court, or being an outstanding legal scholar. For the third, someone has to judge who is outstanding, and the Constitution gives that judgement to the President.

Definition

Article 124:

Judges are appointed by the President. A judge holds office until 65 (a High Court judge until 62) and resigns by writing to the President.
To be appointed, a person must be a citizen and meet one of three tests.
Test 1: a High Court judge for at least 5 years (in one High Court, or two or more in succession).
Test 2: an advocate of a High Court for at least 10 years (in one, or two or more in succession).
Test 3: a distinguished jurist in the opinion of the President.
Service as a magistrate or subordinate judge is not one of the routes.

Names CDS asks: Harilal J. Kania was the first Chief Justice of India (1950). P. N. Bhagwati, with V. R. Krishna Iyer, started public interest litigation around 1980 by letting any public-spirited person approach the court for those who cannot; Bhagwati was Chief Justice in 1985 and 1986. H. L. Dattu set up the Social Justice Bench in December 2014.

Route to the Supreme Court	What is needed
Judge of a High Court	At least 5 years
Advocate of a High Court	At least 10 yearsQ CDS 2018 (II): twenty years as a sub-judicial magistrate is not a qualification.
Distinguished jurist	So in the opinion of the President

Practice this conceptself-check · 4 quick reps

The same idea in a real exam question:

CDS · 2026 · CDS (I) 2026 — General Knowledge · Q92Moderate

Example 1 · Government Structure — Parliament, Judiciary and Constitutional Bodies · Supreme Court and High Courts

Consider the following statements regarding the qualifications of a person for appointment as a Judge of the Supreme Court of India : 1. The person has to be, for at least five years, a Judge of a High Court or of two or more such Courts in succession. 2. The person has to be, for at least ten years, an advocate of a High Court or of two or more such Courts in succession. 3. The person is, in the opinion of the Chief Justice of India, a distinguised jurist. Which of the statements given above is/are correct?

The President, not the Chief Justice, judges the jurist

The 'distinguished jurist' route turns on the opinion of the President. A statement putting it in the opinion of the Chief Justice of India is false.

Drill 3 more on judges of the supreme court

Concept 2 of 3: Jurisdiction of the Supreme Court

Jurisdiction means the kinds of cases a court may hear. Some cases start in the Supreme Court (original), some come up to it from lower courts (appellate), and some are questions the President asks it (advisory). Each kind has its own Article, and CDS asks the number.

Definition

The Supreme Court's powers:

Original (Article 131): disputes between the Centre and one or more States, or between States. This is exclusive: such a case starts in the Supreme Court and nowhere else.
Writ (Article 32): to enforce Fundamental Rights. It is not exclusive: High Courts issue writs too, under Article 226.
Appellate (Articles 132 to 134) and special leave to appeal (Article 136) from any court or tribunal.
Advisory (Article 143): the President may refer a question of law or fact; the opinion does not bind the President.
Review (Article 137): it may review its own judgments. Court of record (Article 129): it can punish for its contempt.
Article 348(1)(a): all proceedings in the Supreme Court and every High Court are in English until Parliament provides otherwise.

Jurisdiction	Article	What it covers
Original	131	Centre against States, or State against State
Writ	32	Enforcement of Fundamental Rights, shared with the High CourtsQ CDS 2016 (II): 'exclusive power to issue writs' is the false statement about the Supreme Court.
Special leave	136	Appeal from any court or tribunal, at the Court's discretion
Review	137	Reviewing its own judgment or order
Advisory	143	A question of law or fact referred by the President
Language of proceedings	348	English in the Supreme Court and the High CourtsQ CDS 2019 (II): the rule that Supreme Court proceedings are in English is in Article 348, not Article 145 or the Supreme Court Rules.

Practice this conceptself-check · 4 quick reps

The same idea in a real exam question:

CDS · 2020 · CDS (I) 2020 — General Knowledge · Q96Easy

Example 2 · Government Structure — Parliament, Judiciary and Constitutional Bodies · Supreme Court and High Courts

The power of the Supreme Court to decide in the case of a dispute between two or more States is called

Writ power is shared

The Supreme Court does not have exclusive writ power. High Courts issue the same writs under Article 226, and for more purposes: Fundamental Rights and other legal rights.

Drill 3 more on jurisdiction of the supreme court

Concept 3 of 3: High Courts and their benches

Every State has a High Court, but small neighbouring States do not each need a separate one. Parliament can give two or more States one shared High Court. A big State, on the other hand, can have benches of its High Court in other cities, so people need not travel to the capital.

Definition

The rules:

Article 214: there shall be a High Court for each State.
Article 231: Parliament, by law, may set up a common High Court for two or more States, or for States and a Union Territory.
A High Court judge is appointed by the President and holds office until 62.
Examples of a shared court: the Punjab and Haryana High Court at Chandigarh; the Gauhati High Court for Assam, Nagaland, Mizoram and Arunachal Pradesh.

High Court	Principal seat	Benches
Allahabad	Prayagraj (Allahabad)	Lucknow
Madhya Pradesh	Jabalpur	Gwalior and Indore
Rajasthan	Jodhpur	Jaipur
Gauhati	Guwahati	Kohima, Aizawl and ItanagarQ CDS 2021 (II): 'the Gauhati High Court has no bench' is the false statement.

Practice this conceptself-check · 4 quick reps

The same idea in a real exam question:

CDS · 2021 · CDS (I) 2021 — General Knowledge · Q50Moderate

Example 3 · Government Structure — Parliament, Judiciary and Constitutional Bodies · Supreme Court and High Courts

Article 231 of the Constitution of India grants power to establish a common High Court for two or more states to

Parliament sets up a common High Court

A common High Court for two or more States is set up by Parliament by law (Article 231), not by the President, the Union Cabinet or the Supreme Court.

Drill 1 more on high courts and their benches

Summary — formulas & gotchas at a glance

A revision cheat-sheet for the formulas and gotchas above. Click any concept name to jump back to its full explanation.

Reference tables (3)

Judges of the Supreme Court3 rows

Route to the Supreme Court	What is needed
Judge of a High Court	At least 5 years
Advocate of a High Court	At least 10 yearsQ CDS 2018 (II): twenty years as a sub-judicial magistrate is not a qualification.
Distinguished jurist	So in the opinion of the President

Jurisdiction of the Supreme Court6 rows

Jurisdiction	Article	What it covers
Original	131	Centre against States, or State against State
Writ	32	Enforcement of Fundamental Rights, shared with the High CourtsQ CDS 2016 (II): 'exclusive power to issue writs' is the false statement about the Supreme Court.
Special leave	136	Appeal from any court or tribunal, at the Court's discretion
Review	137	Reviewing its own judgment or order
Advisory	143	A question of law or fact referred by the President
Language of proceedings	348	English in the Supreme Court and the High CourtsQ CDS 2019 (II): the rule that Supreme Court proceedings are in English is in Article 348, not Article 145 or the Supreme Court Rules.

High Courts and their benches4 rows

High Court	Principal seat	Benches
Allahabad	Prayagraj (Allahabad)	Lucknow
Madhya Pradesh	Jabalpur	Gwalior and Indore
Rajasthan	Jodhpur	Jaipur
Gauhati	Guwahati	Kohima, Aizawl and ItanagarQ CDS 2021 (II): 'the Gauhati High Court has no bench' is the false statement.

Watch out for (3)

The President, not the Chief Justice, judges the jurist
→ Judges of the Supreme Court
Writ power is shared
→ Jurisdiction of the Supreme Court
Parliament sets up a common High Court
→ High Courts and their benches

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