The Supreme Court consists of the Chief Justice of India and 33 Judges.
QUALIFICATIONS FOR THE APPOINTMENT AS JUDE OF THE SUPREME COURT
1) He/she should be a citizen of India.
2) Has been at least 5 years Judge of the High Court or two or more such courts
3) Has been at least 10 years an Advocate of a High court or two or more such courts
4) Is a distinguished Jurist in the opinion of the President
1. Appointment of Judges
• Appointed by the President of India.
• Done in consultation with:
◦ Judges of the Supreme Court and High Courts.
◦ Council of Ministers.
• The Chief Justice of India (CJI) is consulted for appointing a Judge other than the
Chief Justice.
• Consultation usually means agreement/concurrence.
• For appointing the Chief Justice of India, the senior-most judge of the Supreme Court is
usually appointed.
Appointment of Ad Hoc Judges
• Temporary judges for the Supreme Court.
• The Chief Justice may appoint a High Court judge as an ad hoc judge of the Supreme
Court.
• Appointment made:
◦ With the consent of the President.
◦ After consultation with the Chief Justice of the concerned High Court.
• Retired Supreme Court or High Court judges can also be requested to act as Supreme Court
judges with the President’s consent.
Term of Of ce
• A Supreme Court Judge holds of ce until the age of 65 years.
• A Judge may resign by submitting a resignation letter to the President.
• The Judges cannot be removed from of ce except by an order of the President on the
grounds of proven misbehaviour or incapacity (by Impeachment)
INDEPENDENCE OF JUDICIARY FROM THE CONTROL OF EXECUTIVE AND LEGISLATURE
1) Appointment of Judges: Appointed by the President after consultation with the cabinet as well
as judges of the Supreme Court and High Court(Thus, the executive and judiciary are involved)
2) Removal of Judges: Judges cannot be removed from o ce by any authority through a normal
simple procedure and can be removed by the President only for proved misbehaviour or
incapacity
3) Punishment for Contempt of Court: The Supreme Court can punish for contempt of court if a
person or authority attempts to lower its authority
4) Prohibition of Practice after Retirement: Judges are paid handsome pensions, but they are
not allowed to practise after retirement, so the Judges are not obliged to any prospective
employer
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5) No discussion in the legislature on the conduct of the Judges: No discussion can take place in
the Parliament regarding the conduct of the Judges of his duties except where there is a motion
of his removal.
JURISDICTION AND POWER OF THE SUPREME COURT
1. Original Jurisdiction
• De nition: The Supreme Court has the authority to hear cases directly, without them being
heard in lower courts rst.
• Scope:
◦ Disputes between the Central Government and one or more State Governments.
◦ Disputes between two or more State Governments.
◦ Cases related to enforcement of Fundamental Rights.
• Exclusive Authority: No other court can hear such cases.
2. Appellate Jurisdiction
• De nition: The Supreme Court hears appeals against decisions of lower courts.
• Types of Appeals:
◦ Constitutional Cases: If a case involves interpretation of the Constitution.
◦ Civil Cases: If a signi cant legal question is involved and permission (leave) is
granted by the Supreme Court.
◦ Criminal Cases: If a High Court has sentenced a person to death after reversing an
earlier acquittal or has withdrawn a case from a lower court.
3. Advisory Jurisdiction
• De nition: The President of India can seek the Supreme Court’s advice on important legal
or constitutional matters.
• Nature of Advice: The opinion given by the court is not binding on the President.
4. Judicial Review
• Supreme Court can declare a law ‘ultra vires’ or null and void if it is against the letter and
spirit of the constitution or contravenes any provision of the constitution
• It can strike down any law that violates the Fundamental Rights or the Constitution.
5. Revisory Jurisdiction
The Supreme Court under Article 137 is empowered to review any judgement or order made by it
to remove any mistake or error that might have crept in the judgement or order
6. Court of Record
A Court of Record is a court whose judgements are recorded for evidence and testimony. The
judgements are like precedents
It has two implications:
(i) The Judgements and orders are preserved as record
(ii) If a person commits contempt of court, The court has the authority to punish him
6. Protection of Fundamental Rights
• The Supreme Court can issue writs like:
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◦ Habeas Corpus – Protection from unlawful detention.
◦ Mandamus – Ordering a government of cial to perform their duty.
◦ Prohibition – Stopping a lower court from exceeding its jurisdiction.
◦ Certiorari – Transferring a case to itself or quashing an order of a lower court.
◦ Quo Warranto – Questioning the legality of a person holding a public of ce.
HIGH COURT AND SUBORDINATE COURTS
Each High Court consists of a Chief Justice and other Judges
President has the power to appoint
(i) Additional Judges for a temporary period not exceeding two years for the clearance of arrears of
Work in a High Court
(ii) An acting Judge, when a permanent Judge(other than Chief Justice) is temporarily absent or
Unable to perform his/her duties
QUALIFICATION
Should be citizen of India
Should be 62 years of age
Has been an advocate of a High Court for at least 10 years
APPOINTMENT OF JUDGES
Chief Justice of a High Court
• Appointed by the President of India.
• Consultation with:
◦ Chief Justice of India
◦ Supreme Court Judges
◦ Governor of the concerned State
2. Other Judges of a High Court
• Also appointed by the President of India.
• The President consults:
◦ Chief Justice of India
◦ Governor of the concerned State
◦ Chief Justice of the High Court (where the appointment is to be made)
Powers and Jurisdiction of the High Court
1. Jurisdiction of the High Court
• Extends to the territorial limits of the State.
• If a common High Court exists for multiple States/UTs, its jurisdiction extends to all those
territories.
2. Original Jurisdiction (Power to hear cases rst)
• State Revenue: Matters related to revenue and collection.
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• Civil Matters: Wills, divorce, marriage, company law, contempt of court.
• Constitutional Cases:
◦ Judicial Review: Power to interpret the Constitution.
◦ Fundamental Rights: Can issue writs to enforce them.
• Election Disputes: Petitions challenging elections of MPs, MLAs, or local body members.
3. Appellate Jurisdiction (Power to hear appeals from lower
courts)
(i) Civil Cases
• Cases from District Courts under its jurisdiction.
• Appeals in land revenue matters.
• If a Tribunal has committed a blatant injustice.
(ii) Criminal Cases
• Against Sessions Judge if sentence > 7 years.
• Against Assistant Sessions Judge / Magistrates if sentence > 4 years.
• Against acquittal orders of a Sessions Judge.
• Death sentence must be con rmed by the High Court before execution.
4. Revisory Jurisdiction (Reviewing cases from subordinate
courts if errors are found)
• When a Subordinate Court exceeds its power.
• If there is a agrant error in the procedure.
• If justice is denied due to violation of natural justice.
5. Judicial Review (Examining constitutionality of laws)
• Can declare State laws, executive orders, or ordinances null and void if they violate the
Constitution.
• Can withdraw constitutional cases from Subordinate Courts.
• 42nd Amendment (1976) curtailed this power during the Emergency but later restored.
6. Court of Record (Maintaining judicial records and setting
legal precedents)
• Judgements are preserved as references for future cases.
• Binding on all subordinate courts of the State.
• Can punish for contempt of court.
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DIFFERENCE BETWEEN DISTRICT JUDGE AND SESSIONS JUDGE
COURT OF DISTRICT JUDGE SESSIONS COURT
Highest Civil court of the District Highest Criminal Court of the District
Presided over by a District judge Presided over by a Sessions judge
The District Judges decides civil cases related The Sessions Judge decides criminal cases like
to land, property, money transactions, marriage, murders, theft, dacoity and pick-pocketing
divorce etc
Appointed by the Governor with Consultation of Appointed by the Governor with Consultation of
Chief Justice of the High Court of the Chief Justice of the High Court of the
concerned state concerned state
LOK ADALAT
They serve the following purposes:
1) Provide legal aid and quick justice to those who are not in a position to engage with Lawyers
2) Relieve the courts of heavy backlog of cases
3) Eliminate high costs and delays in imparting justice
ADVANTAGES OF LOK ADALATS
1) Plays an important role in the settlement of family feuds, disputes between the neighbours and
Minor cases of assault and injury by settling the disputes through compromise
2) Delivers fast and inexpensive justice and any person can move Lok Adalat by an application on a
plain paper
3) It reduces the workload of other courts enabling them to deal with more serious matters. This
reduces delays in higher court
4) Promotes social justice by providing legal aid to weaker sections of society
