ThE INDIaN JUDIc
SysTEM
हमारे संfवधान के अधीन संघ और राज्य दोनों
ही प्रणाली है जो संघ और राज्य की fवfधयों का
शीषर्ण पर भारत का उच्चतम न्यायालय है
न्यायालय के अधीन fवfभन्न राज्यों के उच्
और उच्च न्यायालय के नीचे अन्य न्यायालयों
हैl न्यायालय की यह एकीकृत न्याय व्यवस्था
1935 से ग्रहण की गई है l
The Judiciary is the third branch of the government of India, which deals
and delivery of justice. the Indian judicial system is an independent pilla
Judiciary in India functions or works without the interference of the othe
The Judiciary is the third organ of the
government of India. It is the branch that interprets the law, settles
administers justice to the citizens of India. The Judiciary in India is consi
democracy. Additionally, the Indian judicial system is the Guardian of th
Importance of Judici
• Protector of the Constitution
• Protector of Federal System
• Protector of Fundamental Rights
Role of the Judiciary
• The Judiciary in India has many functions like:
1. Administration of justice: The primary function of the Judiciary
specific cases where it needs to settle disputes. When any dispute is
function is to determine the facts through evidence presented by t
then decides what law applies to the case and applies it. When the co
violating the law in the trial, the court will give a sentence on the pena
2. Creation of judge-case law: In cases, judges cannot select the
applies to the topic. They make decisions based on their wisdom
these decisions happen, they build up a body of ‘judge-made law’ or ‘
decisions of the judges are generally regarded as binding later on for
3. Guardian of the Constitution: The Supreme Court is the g
court decides any conflicts between the central government and the
order violates any constitutional provision, the Supreme Court can
4. Protector of Fundamental Rights: One of the main fun
make sure that people’s rights are not trampled upon by the Sta
Court enforces the Fundamental Rights
by issuing writs.
• The Constitution of India is the supreme legal document o
There are various levels of judiciary in India — different type
varying powers depending on the tier and jurisdiction
form a strict hierarchy of importance, in line with the order of
with the Supreme Court of India at the top, followed by H
states with district judges sitting in District Courts and Magis
Civil Judge (Junior Division) at the bottom. Courts hear
including disputes between individuals and the governm
is independent of the executive and legislative branches of
Constitution.
• The Supreme Court of India was inaugurated on January 2
• Article 124to 147 in Part V of the Constitution
independence, jurisdiction, powers, procedures and so on of t
Organization of Supreme Court:
✔ The original Constitution of 1950 envisaged a Suprem
Justice and leaving it to Parliament to increase this number. In
Judges of the Supreme Court sat together to hear the cases pre
work of the Court increased and arrears of cases began to a
increased the number of Judges from 8 in 1950 to 11 in 1956,
26 in 1986. As the number of the Judges has increased, th
of two and three - coming together in larger Benches of 5 and
do so or to settle a difference of opinion or controversy.
✔ The Supreme Court of India comprises the Chief Jus
appointed by the President of India, as the sanctioned ful
Judges retire upon attaining the age of 65 years.
• Qualifications:
✔ He should be citizen of India.
✔ a) he should have been a judge of a High Court ( or high co
years.
✔ b) he should have been an advocate of a High Court for te
✔ c) he should be distinguished jurist in the opinion of the Pr
Tenure of Judges
✔ He holds office until he attains the age of 65 years.
✔ He can resign his office by writing to the President.
✔ He can be removed from his office by the President on the
Parliament.
Removal of Judges:
A Judge of the Supreme Court can be removed from his office
According to The Judges Enquiry Act (1968) the procedure of
✔ A removal motion signed by 100 members of LokSabha or
is to be given to the Speaker/Chairman.
✔ The Speaker/ Chairman may admit the motion or refuse to
✔ If it is admitted, then Speaker/Chairman is to constitute a th
investigate into the charges.
✔ The committee consist of : 1) the chief Justice or judges of
chief Justice of the High Court 3) a distinguished Jurist.
✔ If the committee finds the judge to be guilty of misbehavio
incapacity, the House can take up the consideration of the moti
✔ After the motion is passed by each house of Parliament by
address is presented to the President for the removal of the Judg
✔ Finally the President passes an order removing the Judge.
• Salary and Allowances: The salaries, allowances, privile
pension of he Judges of the Supreme Court are determined fro
Parliament. With Salary they also paid allowances and provid
and other facilities like medical, car, telephone etc.
• The retired judges are entitled to 50% of their last drawn
• The Judiciary system of India is
stated for the welfare of citizens
responsible to ensure and re-enf
order. The court has the power t
decisions and also enforce the la
• disputes.
Independence of Judiciary
✔ The Supreme Court is the Highest court of Appeal.
✔ It is a protector of Fundamental rights of the citizens and gu
✔ Supreme Court is free from the encroachment and interferen
executive.
Mode of the Appointment : Though the President appoints the
Council of Ministers, the President has to consult the chief justic
Security of Tenure: The Constitution provides for a fixed term
from office at the pleasure of the Government. They can be rem
impeachment.
Fixed Service conditions: the salaries of judges have been fixed
conditions of their services are regulated by an act of Parliament
the salaries and allowances of the judges and the
staff of the Supreme court shall be charged on the consolidated F
Ban on practice after retirement : A retired Judge of the Suprem
in any court or before any authority within the territory of India.
Conduct of Judges cannot be discussed : No discussion sha
with respect to conduct of any judge in the discharge of his du
for his removal is under consideration.
Freedom to appoint its Staff : the Chief Justice of India can
of the Supreme court without any interference from the execut
Its Jurisdiction can not be curtailed : The Parliament is not
jurisdiction and powers of the Supreme Court.
JUrIsDIcTION aND POWErs OF SUprEME CO
• Original Jurisdiction : the authority to hear and determine
Original Jurisdiction of the Supreme Court is of two types:
Exclusive: 1) between the Government of India and one/more states
2) Between the Government of India, any state/ states on one side an
side.
3) Between two or more states.
Concurrent: it covers the enforcement of Fundamental Rights. It ca
Habeas Corpus, mandamus, Prohibition, Quo-Warranto and Certiora
• Appellate Jurisdiction : There are three types of cases: Co
provided that an appeal shall be to the Supreme Court, if the High C
involved a substantial question of law as to the interpretation of the C
Civil: Art. 133 provided that an appeal shall lie to the Supreme Cour
final order in civil proceedings of a High Court, if High Court certifi
constitutional question of law.
In Criminal cases an appeal shall be to the Supreme Court unde
, from the decisions of High Court:
1) Has an appeal reversed the order of acquittal of an accused
to death.
2) Has certified that the case is fit for appeal to the Supreme
• Advisory Jurisdiction: The constitution empowers the Pres
opinion of the Supreme Court in any question of law or fact of
lacks clarity. The opinion expressed by the Supreme Court is on
judicial pronouncement.
• Power of Judicial Review : Judicial Review is the power of
review and declare the laws and acts passed by the legislature/e
by the affected person as unconstitutional if it violates the prov
Judicial Review is needed for the following reasons:
1. To uphold the principle of the Supremacy of the Constituti
2. To maintain federal equilibrium (balance between Centre a
3. To protect the fundamental rights of the citizens.
• Though the expression of judicial review does not find plac
constitution, the power has been derived by the judiciary from
1. There is no guarantee in the constitution that the judiciary
verdict of the parliament or executive.
2. Despite the insistence of the framers of the Constitution o
rendering socio-economic justice to the common man, nowher
how the judiciary would respond to it.
3. Although the constitution laid down that the mode of judi
determined by the procedure established by law, the constitutio
Supreme Court to enjoy the fullest power of judicial discretion
statute.
4. The power of Judicial review flows also from the power o
constitution.
HIGH COURTS
• The highest judicial court in a state is the High Court an
country.
• It was in 1858 when on the recommendation of the Law Commissio
Indian High Courts Act 1861 which suggested the establishment
Supreme Court in three Presidencies: Calcutta, Madras and Bomba
Calcutta was ordered in May 1862 and that of Madras and Bombay w
Thereby, making the Calcutta High Court the first High Court of the co
• The reason for the implementation of this act was the need for a s
different states. The British Government, therefore, decided to abo
Court and Sadar Adalat and replaced it with High Court.
• Certain rules and eligibility criteria were set for the appointm
Court and later after independence as per Article 214 of the Indian Co
every Indian state must have their own High Court.
• Every High Court shall have a Chief Justi
President
• Unlike before, there was no fixed number
be appointed for each High Court
• Additional Judges can also be appointed fo
cases pending in the court. But their tenure c
than two years
• One thing that must be noted is that no one
years can be appointed as a High Court Judg
uniformity among the High Courts regarding
Judges they will have. A smaller state shall
judges in comparison to a larger state.
• A High Court Judge is appointed by the Presid
solely responsible for the appointment of any ju
However, he may consult the Governor of the S
Justice of India and Chief Justice of that particu
• A High Court judge is also liable to get transf
Courts. This decision is entirely dependent on th
India. Transfer of judges is done with an aim to
trial for every case fought in the court of law.
• Eligibility Criteria for High Court Judge
• There are certain eligibility criteria that need to be
as a judge in any High court in India.
• Any of the given qualifications must be fulfilled:
– The person should have been a Barrister for more than fiv
– Has been a civil servant for over 10 years along with serv
3 years
– A person who has been a pleader for over 10 years in any
• No judge should be of more than 62 years of age
• The law states that every state must have a separate
there still are certain states that do not have an indivi
example – both Punjab and Haryana come under the
High Court sitting at Chandigarh. Besides, there is a
seven states – Assam, Nagaland, Manipur, Tripura, M
Pradesh and Mizoram.
• High Court Jurisdiction
• The jurisdictions of a High Court are as mentioned below:
• Original Jurisdiction – In such kind of cases the applicant can d
and does not require to raise an appeal. It is mostly applicable fo
Legislative Assembly, marriages, enforcement of fundamental rig
other courts.
• Power of Superintendence – It a special power enjoyed only b
subordinate court has this power of superintendence. Under this
to order its subordinate offices and courts the way of maintaining
holding proceedings in the court and also settle the fees paid to s
practitioners.
• Court of Record – It involves recording the judgments, procee
perpetual memory. These records cannot be further questioned
punish for contempt of itself.
• Appellate Jurisdiction – This is for cases where people have ri
of the judgement given by the district level or subordinate court
further divided into two categories:
• Civil Jurisdiction – this includes orders and judgements of the
and subordinate court
• Criminal Jurisdiction – this includes judgements and orders of
court and additional sessions court.
JUDICIAL ACTIVISM
• It is a concept that originated in the US in
seen in India since the Emergency days.
• The Judiciary plays an important role in up
promoting the rights of citizens in a country
the judiciary in upholding the rights of citize
the constitutional and legal system of the co
judicial activism. This entails, sometimes ov
territories of the executive.
Significance
• It is an effective tool for upholding citizens rig
constitutional principles when the executive and
so.
• Citizens have the judiciary as the last hope for
when all other doors are closed the Indian Judici
considered as the guardian and protector of the I
• Judicial Activism in simple words means wh
their own personal feelings into a conviction o
upholding the existing laws.
• Judicial Activism sets out a system of balanc
other branches of the government. In cases wh
establish a balance, Judicial Activism allows j
personal judgment.
• Judicial Activism helps the judiciary to keep
misuse of power by the state government whe
harms the residents.
• In the issue of majority, it helps address prob
the legislature gets stuck in taking decisions.
ElEcTION COMMIssION
• The Election Commission is a permanent and independent bo
• Its mission is to conduct free and fair elections.
• It was established in 25 January 1950 under article 324of the
• The Commission presently consists of a Chief Election Comm
Commissioners.
• The Election Commission shall consist of the chief electio
number of other election commissioners, if any, as the Presid
time.
• They appointed by the President.
• The President may also appoint after consultation with the
regional commissioners as he may consider necessary to assi
• The Chief Election Commissioner and the two other electi
commissioners have equal powers and receive equal salary, a
perquisites, which are similar to those of a judge of the Supre
• In case of difference of opinion amongst the Chief Electio
election commissioners, the matter is decided by the majority
• They hold office for a term of six years or until they attain
whichever is earlier.
• They can resign at any time or can also be removed before
through impeachment.
POWErs aND FUNcTIONs
• To prepare and periodically revise electoral rolls and to regis
• To notify the dates and schedules of elections and to scrutiniz
• To grant recognition to political parties and allot election sym
• To act as a court for settling disputes related to granting of re
and allotment of election symbols to them.
• To appoint officers for inquiring into disputes relating to elec
• To prepare a roster for publicity of the policies of the politica
times of election.
• The advise the President on matters relating to the disqualific
Parliament.
• To cancel polls in the event of rigging, booth capturing, viole
• To request the President or the Governor for requisitionin
necessary for conducting elections.
• To supervise the machinery of elections throughout the c
elections.
• To advise the President whether elections can be held in
in order to extend the period of emergency after one year.
Union Public Service Commis
• The Constitution of India has envisaged the concept
Commission for both State and the Union under Article
315. Also, Article 315(2) provides that if two States agree to
Commission, they shall have so after making the resolu
• The Union Public Service Commission (UPSC) is
agency in India. It is a constitutional body which is au
various exams in the country one among which is Civil
• संघ लोक सेवा आयोग, भारत का केंद्रीय भतर्ती
स्वतंत्र संवैधाfनक f िहै ि जसका गठन संवैधा fनक
से fकया गया है lसंfवधान के 14 वे भाग में अनुच्
लोक सेवा आयोग की स्वतंत्रता व शिRतयां व का
संगठन, सदस्योन की fनयुिRतयान व बखास्र्ण तगी
गया है l
• First Public Service Commission was established on 1 O
under the chairmanship of Sir Ross Barker. It was also giv
consultative role, something that the independence m
emphasized often. As a result of this, the Govern
established a Federal Public Service Commission. Later,
was granted constitutional standing under the Indian Consti
COMpOsITION OF UPSC
• The Chairman and other members of the UPSC are appointed
• Any member of the UPSC shall hold office for a term of six
years, whichever is earlier.
• Removal/Suspension of Members: The Chairman or any ot
only be removed from his/her office by order of the Presiden
• A member of the Union Public Service Commission may resig
submitting the written resignation to the President of India.
• The President can suspend the Chairman or any other member
whom a reference has been made to the Supreme Court.
• Conditions for Removal: The Chairman or any other member
he/she:
– is adjudged an insolvent.
– engages during his/her term of office in any paid employm
office.
– is, in the opinion of the President, unfit to continue in offic
mind or body.
