R of u r t h e r .

the
lawn of
nthe stands a
aIoreme
Court
-metre-tall black bronze

16 Thejuliciary uloture. It portrays

otheform of
a
and the Republic
sherchild. The
mother

of India
child is
India

holding an
open book
balance is
nn which a that
shows
shown. This
ensure courtroom inside the Supreme Court
A
the judiciary will
all. The
equal justice to the first time. It has the exclusive right
sculpture was made by the renowned artist
ChintamoniKar.
to hear all cases that deal with disputes
The judiciary is the third branch of the Go further..
between states, or between states and the
government. Its main functions are to
You may have seen the statue chould have served as an advocate in a union government. It also has original
interpret and explain the laws made by the jurisdication over cases brought to the
of Lady Justice blindfolded,
legislature,to punish those who violate the High Court for at least 10 years
with ascale in her hands. Do court by ordinary people regarding issues
law and to protect the rights of the citizens. you know what it signifies? should be a distinguished jurist in the of importance to society at large.
The judiciary in India consists of three The perfectly balanced scale opinion of the president Appellate jurisdiction refers to the
levels--at the top of the judiciary is the implies impartiality. The sword right of the Supreme Court to hear
Supreme Court, then come the High Courts in her hand signifies reason. Terms of Office
She remains blindfolded
cases already disposed of by a High
and then the Subordinate Courts. Court, when an appeal is made to it. It
todenote her continued The chief justice and judges of the Supreme
commitment to impartiality and neutrality. Court serve until they complete 65 years is therefore also known asa Court of
THE SUPREME COURT
of age. Even though they are appointed Appeal.
The Supreme Court is the highest court of Composition and Structure by the president, their services cannot be Advisory jurisdiction means to advise
the Indian judiciary,It is the third branch of him
The Supreme Court consists of the chief terminated by him or her. the president, or interpret laws for
the central goverment. It is located in Delhi. justice and 30 other judges. The presidernt or her. A billpassed by Parliament
or a
The responsibility for the interpretation of ASupreme Court judge can only be removed may be referred to the
appoints the chiefjustice of India, on the on grounds of proven misbehaviour, misuse state legislature
the Constitution and the laws made by the president before
advice of the council of ministers. The Supreme Court by the
legislature lies with the Supreme Court. Its of power and incapacity, Even then, two
judges of the Supreme Court are also Lhirds majority voting in both houses of signing
judgements are binding.
appointed by the president, on the advice of Farliament is required for aSupreme Court Judicial review
both the Coupcil of Ministers and the chief has the
justice of India. udge to be impeached. The Supreme
Court of India also
review
review. Judicial
Powers and Functions power ofjudicial
Cl Qualifications refers to the power
of the judiciary to
also refers
It
Jurisdiction interpret the
constitution.
declare a
Ajudge of the SupremeCourt: kinds of Court's right to
ne Supreme Court has three tothe Supreme the legislature
and
must be an Indian citizen who has been by
jurisdiction- -original, appellate and order passed
law or conflict with
a judge in a High Court for at least five executive void,
if they are in
years
adyisory. right
Constitution
ofIndia.
jurisdiction refers to the
the

The Supreme Court of India

Original
of to hear a case for
the Court
Suupreme
139
138
 HE HIGH COURT
issued when the person holding public and accounts should be
Court of record
ofice has failed to perform his or her duty The High Court stands at the head of the
A mandamus therefore, conmmands publicudiciary atthe state level. It is headed The High Court also
kept)
The Supreme Court also functions as a has the
eeerd is one: bythe chief justice and has as many transfer certain cases to itself,power to
Court pf record. Aeot o authority or officer to do his or her public
case involves an important
if the
other judges as the president of India quesion of
whose acts and judicial proceedings are duty) considers necessary. They are appointed in law, especially constitutional law. This
recorded, so that there is a permanent
The legal decisions of the Supreme Court with the is to ensure that there is
uniformity in
record of the court's rulings are final and binding on all courts in India consultation
chiefjustice of the interpreting the Constitution.
Supreme Court and the governor of the
wAOSe rulings or judgenents act as It is the final authority on the interpretation
precedents that the other courts have to of the Constitution of India and Indian laws
state c o n c e r n e d .

SUBORDINATE COURTS D
Ithelps to secure uniform judicial practice Subordinate courtsinclude the District and
folley
which has the power to fine and imprison throughout the country. The only exception
Qualifcations
Sessions Courts, the Provincial Courts and
to this all-embracing power is any law eandidate for the office of a judge of the the Nyaya Panchayáts, The appointment of
people for contempt of itself (the Court) relating to the armed forces. High Court must have held ajudicial office district judges is made by the governgr in
In a court of record, a court reporter keeps or have been an advocate of a HighCourt consultation with the High Court.
a record of the proceedings. This written for 10 years.
record is preserved for future reference. FCourts
Supreme Court
E-courts are courts that can be accessed online. Terms of Office
Issuing ofwrits Complaints and evidences can be submitted
The Supreme Court of India is also online; matters can also be resolved online) Ajudge of the High Court may hold office High Courts DS
empowered to issue writsA writ is a formal There was a proposal to set up e-courts in India until he or she is 62, though he or she may
written order issued by a cout, to act, or at in 2005. http://www.ecourts.go.in/ecourts_ resign earlier or be removed by the president.
abstain from acting, in a particular wáy. home/ AHigh Court judge may also be transferred Subordinate Courts
HOwever, the project has not taken off to another court in India or may be
There are different kinds of writs. TWO of . .
successfully because of a number of practical District Sessions Provincial Nyaya
the more commnon ones are habeas corpus problems. appointed as a judge of the Supreme Court. Court/Zilla Court Courts Panchayat
and mandamus. What do youthink are the reasons for it? Go to Parishad
the website, explore it and try to find out. Functions C )
TWrit of habeas corpus The High Court can issue writs,orders or
This writ is issued when a person is detained directives to protect the Fundamental Rights
illegally or wrongfully. It is used to protect of the citizen,
aperson's freedom. Through this writ, the
court can ask the person who has been The High Court has power overall the
detained or imprisoned to be physically Subordinate courts in the statel The
brought before the court. If thecourt finds High Court may ask for the records of
the detention illegal, it can order the release e proceedings of the minor courts and
of the person. Prescribe the way in which books, entries

|Writ of mandamus
in villages is
The working of Nyaya PanchayatsCourts
This writ is filed before the court when the High or the
very different from that of take
legal right of a person is violated. It can Supreme Court. It is more
informal-villagers

only be issued against a public authority sarpanch (or head of the

their problems to the advice
Madras High Court, Chennai Panchayat), who solves it,
with the help of
or a person holding a public office. It is from other village
elders.
Bombay High Court, Mumbai
140 141
Subordinate courts deal with civil cases types of cases.
(cases dealing with issues like property, Except for minor vartations, the structure
breach of contracts)and criminal cases and functions of subordinate courts in
(cases dealing with theft, murder).(Every all parts of the country are uniform, This
district has a District Magistrate's Court and hierarchy is supervised and controlled by
a Sessions Court for dealing with the two the High Court of each state.

QUICK RECAP 4. The Supreme Court has three kinds of

The Supreme Court is the highest court of the jurisgjction; they aregnal, sephlaland
judiciary in India. It has one chief justice and 30
other judges, appointed by the president. 5. A
candidate for the post of a High Court judge
must have been an advocate of a High Court for
High Courts are courts at the state level. They
years.
are headed by the chief justice and have as many
judges as the president thinks fit, in consultation B. Tick the sentences that are true. Correct the
with the chief justice of India. others.
Subordinate courts include the District and
1. The Supreme Court is located in Bombay.
Sessions Courts, the Provincial Courts and the
2. The chief justice can serve till he is 65. T
Nyaya Panchayats.
3. The decisions of the Supreme Court are final and
VITAL WORDS binding only onth nyaya paFchayats.
jurisdiction: the right or authority to administer
4. The High Courts can issoe writs. T
5. The appointment of district judges is made
the éhief minister. Cejuullath ôn wit
justice; the scope of acourt's authority
appellate: when an appeal is made to the Supreme
Court to reconsider a verdict passed by the High C. Answer in brief.
Court
1. What are the qualifications needed for beçoming
impeachment: a process that is used to charge, try, ajudge of the Supreme Court?3,159
and remove public officials for misconduct while in 2. Describe the composition of the Supreme Court.
office
3. How can a judge of the Supreme Court be
writ: a written order issued by the court
removed from office? 39
civilcase: cases dealing with property disputes, 4. Write about any two functions of the High Court.
breach of contracts
criminal case: cases dealing with theft, murder D. Answer in detail.

1\ Explain the three juri_dictions of the Supreme

QUESTION TIME Court in detail.
A. Fill in the blanks. 2. The Supreme Court is a court of record. Explain.
1. The judiciary jn India consists of. Jevels. Nþ3. What is a writ? Differentiate between a writ of
habeas corpus and awrit of mandamus.)
2. In India, theuhatcourtiis the highest court 4. Write a brief note on the subordinate courts.
of the judiciary.
3.
The Supreme Caourt has one" atie 5. \Describe the structure of the judiciary in India
andO .otherjudges. with the help of a diagram.

142