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Service of State

Judiciary of India

The Judiciary is the third branch of the Indian state and the guardian of its Constitution. An integrated single hierarchy runs from the Supreme Court of India at the apex, through the High Courts of the states, down to the district and subordinate courts. Through judicial review it can strike down laws and executive action, and through the "basic structure" doctrine it limits even Parliament's power to amend the Constitution. Uniquely among the world's major democracies, the higher judiciary also selects its own members — through the collegium — which is the institution's most contested feature.

Updated

Apex court established
28 January 1950
Structure
Supreme Court -> High Courts -> subordinate courts
Sanctioned SC strength
38 judges (raised from 34 in 2026)
Cases pending (all courts)
~5.4 crore (2025-26)
Appointments
Collegium system

Role

The Judiciary interprets and guards the Constitution. Its defining powers are judicial review — the authority to strike down legislation or executive action that violates the Constitution — and the basic structure doctrine, which places the Constitution’s foundational features beyond the reach of amendment. As an integrated system, a single hierarchy of courts — the Supreme Court, the High Courts of the states, and the district and subordinate courts — applies both central and state law nationwide, so that a right declared at the apex binds every court below it.

Why it is a service of state

Unlike the elected executive and legislature, the judiciary is a permanent, appointed arm of the state, insulated by design from the political cycle and outlasting any government. It is also, unusually, self-selecting: since the 1993 Second Judges Case the higher judiciary has chosen its own members through the collegium, and the 2015 defeat of the National Judicial Appointments Commission left that primacy intact. That places two live questions permanently at the centre of the institution — who appoints judges and whether the courts can clear their backlog — which IndiaStand tracks in a dedicated topic brief: India’s judiciary — appointments, pendency and reform.

Desk maintained by IndiaStand editorial cycles. Officeholders are transient; this dossier tracks the institution.

Timeline since 1947

  1. reference

    Supreme Court of India established

    Inaugurated on 28 January 1950, succeeding the Federal Court of India (1937) as the apex court under the new Constitution.

    source 1

  2. reference

    Kesavananda Bharati: the basic structure doctrine

    A 13-judge bench held that Parliament cannot amend the Constitution's 'basic structure' — the foundational limit on the amending power, later used to strike down the NJAC.

    source 1

  3. reference

    Second Judges Case: the collegium is born

    Reversing the executive-primacy reading of the First Judges Case (1981), the Court held that 'consultation' with the CJI means concurrence — giving the judiciary primacy over its own appointments through a collegium of senior judges.

    source 1

  4. reference

    Third Judges Case fixes the collegium's shape

    A Presidential Reference settled that Supreme Court appointments are decided by the CJI and the four senior-most judges, and High Court appointments by the CJI and two senior-most judges.

    source 1

  5. reference

    NJAC struck down (Fourth Judges Case)

    By 4:1, a Constitution Bench invalidated the 99th Amendment and the National Judicial Appointments Commission Act, 2014, holding that executive participation in appointments violated the basic structure — restoring the collegium.

    source 1

  6. reference

    Puttaswamy: right to privacy

    A nine-judge bench held privacy to be a fundamental right intrinsic to life and liberty under the Constitution.

    source 1

  7. reference

    53rd Chief Justice of India takes oath

    The office of the Chief Justice passed to its 53rd holder, with a tenure running to February 2027; the CJI heads the collegium and allocates the Court's work as 'master of the roster'.

    source 1

  8. reference

    Supreme Court strength raised 34 -> 38

    The Union Cabinet cleared the Supreme Court (Number of Judges) Amendment Bill, 2026; an Ordinance lifting the sanctioned strength from 34 to 38 judges was notified in the Gazette on 16 May 2026 — the first revision since 2019, against record pendency.

    source 1

Frequently asked

What is Judiciary of India?
The Judiciary is the third branch of the Indian state and the guardian of its Constitution. An integrated single hierarchy runs from the Supreme Court of India at the apex, through the High Courts of the states, down to the district and subordinate courts. Through judicial review it can strike down laws and executive action, and through the "basic structure" doctrine it limits even Parliament's power to amend the Constitution. Uniquely among the world's major democracies, the higher judiciary also selects its own members — through the collegium — which is the institution's most contested feature.
When was Judiciary of India established?
Judiciary of India was established 1950 (Supreme Court of India).
What does Judiciary of India do?
Its remit covers Judicial review of legislation and executive action, Interpretation and protection of the Constitution, Enforcement of fundamental rights, Final appellate jurisdiction over civil and criminal matters, Appointment of judges to the higher judiciary (via the collegium).
What is the latest on Judiciary of India?
As of 2026-07-06: Supreme Court strength raised 34 -> 38. The Union Cabinet cleared the Supreme Court (Number of Judges) Amendment Bill, 2026; an Ordinance lifting the sanctioned strength from 34 to 38 judges was notified in the Gazette on 16 May 2026 — the first revision since 2019, against record pendency.

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