THE UNION JUDICIARY
SUPREME COURT
COMPOSITON AND ORGANISATION OF THE SUPREME COURT
COMPOSITION :The Supreme court consists of 1 Chief Justice and not more than
33 other judges until Parliament by law prescribes a larger number of Judges,
appointed by the President.
APPOINTMENT : The Chief Justice is appointed by the President based on
seniority.
The Judges of the Supreme court are appointed by the President in consultation with
the Judges of the Supreme court and of the High court. The Chief Justice of India is
also consulted.
QUALIFICATION :
1. Citizen of India
2. Must have been a judge of the High Court for atleast 5 years.
3. Must have been a Advocate of the High Court for atleast 10 years.
4. Must be in the opinion of the President , a distinguished Jurist.
TERM OF OFFICE AND REMOVAL : The Judge retires on attaining the age of 65
years.
A Judge may be removed from his office by the president on the grounds of proves
misbehavior or incapacity. But that is possible only when an address of each House
of the Parliament passed by a majority of the total membership of the House and by
majority of not less than 2/3rd of the members present and voting.
INDEPENDENCE AND IMPARTIALITY OF THE SUPREME COURT
1. APPOINT MENT OF JUDGES : In appointing the Judges the president shall
act on the recommendation of the Collegium headed by the Chief Justice of
India. Neither political bias not political bias not personal favoutitism would
play any part in the appointment of judges.
2. SECURITY OF TENURE : the Judges can remain in office till he has attained
the age of 65 years. He can be removed on the grounds of proved misbehavior
and incapacity. The word’proved’ is very significant.
3. SALARIES AND ALLOWANCE : are charged from the consolidated Fund of
India and are not subject to vote of parliament . the salaries cannot be reduced
except during periods of Financial Emergency.
4. CONDUCT OF ANY JUDGE : NO discussion shall take place in the
parliament with respect to the conduct of any judge except when a motion of
removal is under consideration.
5. PUNISHMENT FOR CONTEMPT: nothing should be done to lower the
authority or dignity of the court and the court has the power to punish for
contempt of itself.
6. PROHIBITON OF PRACTICE AFTER RETIREMENT : A retired judge of
the Supreme court cannot plead any case in any court or tribunal in India.
7. FREEDOM TO ANNOUNCE DECISIONS AND DECREES -the Judges are
free to announce their decisions and decrease in the court chambers without
danger to their person, property or fame.
8. FULL CONTROL OVER ITS PROCEDURE OF WORK AND
ESTABLISHMENT - they are free from influence f any outside agency.
JURISDICTION AND FUNCTIONS OF THE SUPREME COURT
Original Jurisdiction:
It extends to those cases over which the Supreme Court has authority to hear and
decide cases at the first instance.
1. A dispute between the Government of India & one or more states.
2. Dispute between 2 or more states
3. Protects the fundamental rights of the people by issuing writs.
4. Final interpreter of the constitution.
5. Transfer of cases from Lower courts.
Appellate Jurisdiction
Cases that are taken to the Supreme Court in the form of an appeal from the lower
courts to change the decision or reduce the sentence. The Supreme Court is the final
court of Appeal.
1. Constitutional cases-All matters irrespective of the nature, where a certificate is
issued by the High Court that it involves an important point of law and needs
interpretation of the Constitution.
2. Appeals in civil matters, if the High Court certifies;
➢ That the case involves a substantial question of law of general importance
➢ That the question needs to be decided by the Supreme Court.
Appeals in criminal matters.
➢ Cases without the certificate of the High Court
➢ Cases with the certificate of the High Court. The certificate of the High Court is
not required in a case;
➢ Where the High Court has reversed that the judgement of acquittal given by the
Lower Court and punished the accused with a death sentence.
➢ A case which is withdrawn by the High Court from a subordinate Court and
sentenced the accused to death.
Advisory Jurisdiction
➢ The President may take the opinion of the Supreme Court on a question of law
which is of public importance.
➢ The Supreme Court is not bound to express any opinion on the questions submitted
to it.
➢ The advisory opinion of the Supreme Court is not binding on the President.
REVISORY JURISDICTION The Supreme Court is empowered to review any
judgments made by it with a view to removing any mistake or error that might have
crept in the judgment.
ENFORCMENT OF FUNDAMENTAL RIGHTS
The Supreme Court is the guardian & protects the fundamental rights. Any citizen
whose fundamental rights have been violated may move to the Supreme Court. The
Supreme Court has the power to issue orders or writs. Important
Writs Habeas Corpus: ‘to have the body’. It provides a remedy for a person who has
been unlawfully held in prison or in police custody.
Mandamus: ‘We Command’ is to compel an inferior court or an individual to perform
their duty.
Prohibition: Prevent an inferior court from exercising powers which in not within their
limits.
Certiorari: To be informed of what is going on. The lower court is asked to hand over
the record of a particular case to the higher court.
Quo Warranto: This writ is issued by the court if the person concerned is holding that
office illegally, the court may declare the office to be vacant.
JUDICIAL REVIEW – ITS ROLE AS GUARDIAN AND FINAL
INTERPRETER OF THE CONSTITUTION - Power of the Supreme Court to
review the laws passed by the Union or State Legislatures and can declare a law null
and void, if it is against the Constitution.
The final say as to what the constitution means rests with the Supreme Court. This is
why the Supreme court is known as the ‘ Guardian and Final Interpreter of the
Constitution’.
COURT OF RECORD
➢ A Court of Record is one whose judgments are recorded for evidence and
testimony.
➢ The judgment are in the nature of ‘Precedents’. (High court and other courts are
bound to give similar decision in similar case).
➢ Court has the power to punish contempt of itself.
THE STATE JUDICIARY
THE HIGH COURT
COMPOSITION OF THE HIGH COURT :
Each High Court has a Chief Justice and other Judges appointed by the President. The
number of Judges is not fixed; it varies from state to state.
–Chief Justice is appointed by the President in consultation with the Chief Justice of
the Supreme Court and Governor of the State.
The other judges are appointed by the President in consultation with the Chief Justice
of the Supreme Court, the chief justice of the High Court and the Governor of the
State.
QUALIFICATION
1. Citizen of India.
2. Should have held a Judicial Office in India for at least 10 years, or
3.Should have been advocate of a High Court for at least ten years
4.Should not be over 62 years.
JURISDICTION OF THE HIGH COURT
ORIGINAL JURISDICTION : It extends to those cases in which the High court has
authority to hear and decide cases at the first instance. The High court has jurisdiction
with respect to the following matter
a) Cases of marriage, Divorce, wills, Admiralty, company law, and contempt of
court.
b) State revenue and it's collection
c) Interpretation of the constitution
d) Election petitions
e) Constitutional cases
f) Protects the Fundamental rights of individuals.
APPELLATE JURISDICTON
The High Court hears the appeals against the decision of the District court. The
Appellate jurisdiction of the High court is both civil and Criminal.
a) Civil cases – land, revenue and injustice by the tribunal
b) Criminal cases :
(i) Against the judgments of the sessions judge where the sentence exceeds
imprisonment of 7 years.
(ii) Against the judgments of the assistant sessions judge where the sentence of
imprisonment exceeds 4 years
(iii) A Death sentence must be confirmed by the High Court before it can be
carried out.
ADVISORY JURISDICTION
The High courts can advise any government department, Legislature, or its Governor
if they seek it. The High Courts advice is not binding on the agency seeking such
advice.
REVISORY JURISDICTION
Revisory jurisdiction means that the High Court can call for the record of a case
which has been decided by the Subordinate court. This is done because the High
Court has exercised a jurisdiction not vested in it it the latter has not followed proper
procedure.
THE SUBORDINATE COURTS
DISTINCTION BETWEEN COURT OF THE DISTRICT JUDGE AND SESSIONS
COURT
THE DISTRICT JUDGE- It is the highest Civil Court of the District.
SESSIONS COURT - It is the highest Criminal Court of the District.
LOK ADALAT
– It is a People’s Court. It encourages settlement of disputes through compromise or
settlement between the parties
Advantages or importance of Lok Adalat:
1. They work in the spirit of compromise.
2. They deliver speedy and inexpensive justice.
3. Reduces the workload of other Courts
4. They work in the spirit of compromise.
5. Awards passed by the Lok Adalats are final and binding on the parties.
6. Lok Adalats can pass awards regarding those disputes also which are at ‘ Pre-
litigation’ stage.
