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704 views45 pages1 Constitution II (LLB S. Y. SEMESTER-III)
LLB S. Y. SEMESTER-III UNVERSITY SRTMUN
Uploaded by
Vyankatesh GotalkarCopyright
© © All Rights Reserved
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/ 45
CONSTITUTION - IT
THE UNION JUDICARY SUPREME COURT AND HIGH COURT
Q. 1. Explain the various jurisdiction of Supreme Court.
Q. 2. What are the various jurisdiction of Supreme Court of India?
Q. 3. What are the variou liction of Supreme Court of India?
juri
Q. 4. Write a brief analytical note on the Advisory Jurisdiction of
Supreme Court
Discuss the various jurisdictions of the Supreme Court of India
How is the independence of judiciary maintained under the
Constitution of India?
Q.6. What is the importance of Supreme Court under the
constitution of India? Give its various jurisdictions.
Q. 7. What are the various jurisdiction of High Court under the
Indian Constitution?
Q. 8. How is independence of Judiciary Secured under Indian
Constitution?
Introduction
Article 124 to 147 of the Indian Constitution deals with the
Supreme Court of India. Supreme Court of India is the top most
court in the country. In every state judiciary plays an important role
in the interpretation of constitutional law, applying the law
adjudicating the controversies between one citizen and another
between citizen and the states. In every country where there is a
written constitution additional function of the court is to safeguard
the supremacy of the constitution. In other words we can say that
Supreme Court is the guardian of the constitution. Any law passed
by the parliament or state legislation which is against the provisions
of the constitution can be declared unconstitutional or null and void
by the Supreme Court of India. In a federal country the judiciary has
got another meaningful assignment (function) i.e. to decide the
controversies between the states. In such situation the Supreme
Court is the arbitrator between the centre and state government,
which impartially decides such disputes. In addition of the above, the
Indian Judiciary has also got the significant function of enforcing the
fundamental rights of the people provided to them by the 2
constitution. By the way, the Supreme Court enjoys the top
most position in the judicial hierarchy of the country, It is the
ultimate court of appeal in all civil and criminal matters. By the same
way, our Supreme Court helps to maintain the uniformity of law in
the whole country. Apart from this thing, according to Article 129,
Supreme Court is a court of record. That's why the law declared by
the Supreme Court is binding upon all the courts in India (Article
141). Due to efficient judicial administration only, one can preserve
country, preserve democracy, preserve rule of law, that's why there
must be independent judiciary in the country. It is a final court of
appeal in country. All the civil, criminal, const
administrative and all other matters they are finally herd and decided
by the Supreme Court of India
inutional,
2. Composition of the Supreme Court (Article 124)
Article 124 of the Indian Constitution says that there shall be a
Supreme Court of India, consisting of one Chief Justice and other
judges. The number of judges is not exactly laid down in the Indian
Constitution, Parliament can increase or reduce the number of
judges passing a law to that effect. Originally, the total number of
judges was seven but in 1977 this was increased to 17 excluding the
Chief Justice. In 1986 this number has been increased to 25
excluding the Chief Justice. Thus the total number of judges in the
Supreme Court at present is 26 including the Chief Justice.
3. Appointment of Judges
‘The president of India is the only person who can appoint the
Chief Justice and other judges of the Supreme Court of India
Whenever the question of appointment of Chief Justice of Supreme
Court comes before president, presidents consult the other judges of
Supreme Court and the judges of High Courts, then he appoints the
Chief Justice of Supreme Court. After a lost of controversy a senior
most judge of Supreme Court of India is appointed as a Chief Justice
In case of other judges of Supreme Court, president consults the
Chief Justice of Supreme Court and appoints other judges. The
residents power of appointing these judges is purely forma, the does
not act on the aid and advice given by the cabinet because there
would be apprehension that such body may bring politics in the
appointment of judges 4. Qualifications of Judge:
Following are the qualifications for the judges of the Supreme
Court.
a. He must be a citizen of India.
b. He should have been a judge of High Court for five years or
should have been an Advocate of High Court for ten years.
C. In the opinion of president he mus
Even the non-practicing Advocates, distinguished profes
directly appointed as judge of the Supreme Court, if president
be distinguis
atisfies,
5. Oath by the Judges of Supreme Court
Once any person is appointed as a judge of Supreme Court of
India, he has to take a prescribed oath before occupying the post, in
the presence of the president of India in a special function arranged
in the Rashtrapati Bhavan at Ashoka-Hall. Taking of an oath is
compulsory. If president is absent, a person appointed by the
president of India shall administer the oath
6. Emoluments (Article 125)
The emoluments of the judges of the Supreme Court of India
are discussed in Article 125 of the Constitution of India. They are laid
down in the IInd Schedule of the Constitution
The judges of Supreme Court of India also enjoy all other
facilities provided by the Govt. of India and all other allowances and
privileges prescribed by the parliament time to time. They are
provided free accommodation alongwith the facility of vehicle and
travelling facilities also at the rate of Govt. of India.
But, whenever the president declares financial emergency in
that case the salaries of the judges of Supreme Court of India may be
reduced
7. Appointment of Acting Chief Justice (Article 126
According to Article 126 of the Constitution whenever the office
of the Chief Justice of India falls vacant due to absence or due to any other reason then the president may
Acting Chief Justice of India
points any other judge a
8. Term of Office
A judge of Supreme Court shall hold office until the attains the
age of 65 years. The judge may resign his office voluntarily. The age
of the judge of the Supreme Court shall be determined by suct
authority and n such manner as parliament may by law provide.
9. Removal of Judges (Impeachment)
4 judge may be removed from his office by an order of the
yyesident only on grounds of proved misbehavior or incapacity. The
-d after it has been addressed
‘ of the president can only be pass
houses of parliament in the same session. The address must
orted by a majority of total membership of that houses and
also by a majority of not less than 2/3 of the members of that houses
and voting. The procedure of presentation of an addre!
igation and proof of the misbehavior or incapacity of a judg
will be determined by parliament by law
Se
for
inves
JURISDICTION OF THE SUPREME COURT
The Supreme Court of India is having the following jurisdiction
a, Original Jurisdiction
Article 131 of the Indian Constitution deals with the original
jurisdiction of the Supreme Court. According to this Article the
Supreme Court has the original jurisdiction in an dispute —
i) between the Govt. of Indian and one or more states.
tate or states on one side
ii) between the Govt. of India and any
and one or more other states on the other
iii) between the two or more states.
The Supreme Court in its original jurisdiction can't entertain
any suits brought by private individuals against the Govt. of India.
b. Enforcement of fundamental rights
(Article 32}
Article 32 given original jurisdiction on the Supreme Court to
enforce fundamental rights. Under Article 32 every citizen has a right to move the Supreme Court by appr
enforcement of the fundamental right
power to issue directions or order
appropriate
priate proceedings for the
The Supreme Court is given
or writs whichever may be
Article 32 provides a quick remedy for the enforcement of the
Fundamental Rights. Under this Article a person can directly go to
the Supreme Court. The Supreme Court thus called as the protector
and guarantor of the Fundamental Rights.
c, Appellate Jurisdiction (Article 132}
The Supreme Court is the Highest Court of appeal in the
country. The writ and decree of the court run throughout the
country. It can be truly said that the jurisdiction and power of
Supreme Court in their nature and extent are wider than those
ised by the High Courts.
‘The Appellate Jur
into four main categoric
diction of the Supreme Court can be divided
a) Constitutional Matters
b) Civil Matters
c) Criminal Matters
d) Special Leave to Appeal
a) Constitutional Matters
Under Article 132(1) and appeal shall lie to the Supreme Court
from any judgment, deeree or final order of a High Court whether in
civil, criminal or other proceedings, if the High Court certifies under
Article 134-A that the case involves a substantial question of law ai
to the interpretation of this constitution
b) Appeal in Civil Cases
Article 133 proves that an appeal shall lie to the Supreme Court
from any judgment or decree or a final order in a civil proceedings of
a High Court only if the High court certify —
i) that the case involves a substantial question of law of general
importance
ii) that in the opinion of High Court the said question need to be
decided by the Supreme Court. c) Appeal in Criminal Cases
According to Article 134 an appeal lies to the Supreme Court
from any judgment, final order or sentence in a criminal proceedings
of a High Court, in the following two ways
i) Appeal without a certificate
An appeal lies to the Supreme Court without a certificate of
High Court if the High Court —
a. has on appeal reversed on order of acquittal of an accused and
sentenced him to death. But if High Court has reversed the order
of an conviction & has the ordered the acquittal of an accused, no
appeal would lie to the Supreme Court
ii) Appeal with certificate
An appeal lies to the Supreme Court if the High Court certifies
that it is a fit case for appeal to the Supreme
a) Special Leave to Appeal (Article 136)
Under Article 136 of the Constitution Supreme Court is
authorized to grant in its discretion special leave to appeal from any
judgment, decree, sentence or order in any case or matter passed by
or made by any court or tribunal in the territory of India
e) Advisory Jurisdiction (Article 143)
When the president appears that a question of fact or law has
arisen which has got public importance, in such situation, the
president refers such matter for legal opinion to the Supreme Court.
Here the president’ personal satisfaction is very essential. The
opinion given by the Supreme Court is not binding upon the
President i.e. he may accept or he may not accept it. By the same
way, even the Supreme Court may also refuse to give its opinion or
advice to the President of India, if the Supreme Court feels that the
matter referred by the President is not of public importance or does
not consis
of question of fact or law HIGH COURTS
Q. 1. Write a brief note on the High Court according to the provisions
of the Indian Constitution.
1, Introduction
\rticle 214 to 237 of the Indian Constitution deals with High
Court. High Court is a top most court of appeal in the State. In all the
matters like civil, criminal and under any law appeal lies in the High
Court only
The judiciary in states consists of a High Court and a system of
couris subordinate to the High court. Article 214 says that there
shall be a High Court in each state. However, under Article 231(1),
parliament can establish by law a common High Court for two or
more states or for two or more states and a union territory. However
parliament can establish by law two or more High Courts in one
state. In this way the High Courts stand at the head of the judiciary
in the state,
2. Constitution of High Courts
Every High Court consists of a chief justice and such other
judges as the president may, from time to, deem it necessary to
appoint. Thus the constitution does not fix any maximum number of
judges of a High Court
3. Appointment of Judges
Article 217 provides that every judge of a High Court shall be
appointed by the president. The president appoints the Chief Just
of India and Chie Justice of a High Court after cons
Chief Justice of India and the Governor of the state concerned. In
e of appointment of judge other than Chief Justice he may consult
even the Chief Justice of the High Court concerned.
tation with the
CASE LAW = UNION OF INDIA VS. PARTIBHA BONARJE
In the above the Supreme Court held that the judges and
officials of High Courts are not Government servants. The judge is a
holder of constitutional officer. Before enterning upon his office a
judge of a High Court shall have to take an oath in the prescribed
form before the Governor of that state or some person appointed by ution does not fix the exact number
him for that purpose. Our cor
of judges in the High Cour
4. Additional and Acting Judges
The president may under Article 223 appoints one of the judges
of High Court as acting Chief Justice, when the office of the Chie
Justice falls vacant, or he is unable to perform his duties by reason
of absence or otherwise. The president may appoint duly qualitied
persons to be additional judges of the court for a temporary period
not exceeding two year, in order to clear off the arrears of work in
High Court.
Under Article 224-A the Chief Justice of a High Court may at
any time, with the previous permission of the president request
retired judges of High Court to sit and act as judge of the High Court
In actual practice, however, the appointment of the judges are
made by the president on the advice of the council of ministers.
5. Transfer of a judge from one High Court to another
sident of
According to Article 222(1) powers are given to the pr
India to transfer the High Court judges from one High Court to any
other High Courts after consultation with the Chief Justice of the
Supreme Court of India
6. Qualifications
A person to be qualified for appointment as judge a High Court
a. He must be a citizen of India.
b. He must have held a judicial officer for at least ten years, in the
territory of India.
c. He must have been an advocate of High Court for at least ten
years.
7. Term of Office and Removal of Judges
A judge of High Court shall hold office until he attains the age
of 62 years. If a question arises as to the age of a judge of a High
Court, then it shall be decided by the president after consultation
with the Chief Justice of India and the decision of the president shall 9
be final. A judge may, however be removed from
