Judiciary

Judiciary system in India
Judiciary system in India

• The three tiered system of Indian judiciary
comprise of supreme court at its helm.
• High court standing at the head of state judicial
system.
• Followed by district and sessions court in the
judicial district, into which the states are divided,
• The lower rung of the system then comprises of
courts of civil and criminal jurisdiction.
• Besides, a number of judicial tribunals have
been set up in specialized areas.
• The significant tribunals are: company law
board, consumer protection forum, customs
and excise control tribunal etc.
Supreme court
• Supreme court of India was inaugurated on Jan
28, 1950.
• The total judges in supreme court are 31 and one
chief justice.
• The judges are appointed by the president of
India.
• The chief justice is appointed by the president in
consultation with such judges of the supreme
court and high court as he deems necessary.
• Other judges are appointed in consultation
with the chief justice and other judges of
supreme court and high court as deemed
necessary.
Qualification
• He should be a citizen of India.
• He should have been the judge of the high
court for five years.
• He should have been an advocate of high
court for ten years.
• He should be a distinguished jurist in the
opinion of the president.
Tenure
• 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 recommendation of the
parliament.
Removal of Judges
• A judge of the supreme court can be removed
from his office by an order of the president.
• The president can issue the removal order
only after an address by Parliament has been
presented to him in the same session for such
removal.
• The address must be supported by a special
majority of each house of parliament.
Jurisdiction and Powers of Supreme Court
• Original Jurisdiction
– Discuss dispute between centre and state (one or
more).
– Between two or more states.
– Centre and state on one side and more states on
other side.
• Writ Jurisdiction
– Supreme court act as the guarantor and defender
of the fundamental rights of the citizen.
– It is empowered to issue writs including habeas
corpus, madamus, prohibition, quo-warrento and
certiorari for the enforcement of fundamental
rights.
• Appellate jurisdiction: the supreme court is
primarily a court of appeal and hears appeals
against the judgments of the lower courts.
• Advisory jurisdiction: the constitution
authorizes the president to seek the opinion
of the supreme court on any question of law
or fact of public importance or any dispute
regarding the pre-constitution treaty or
agreement.
• Judicial review: it is the power of the supreme
court to examine the constitutionality of
legislative enactments and executive orders of
both the central and state governments.
• It also decides dispute regarding the election
of the president and vice-president.
• It enquires the conduct and behaviour of the
chairman and members of UPSC on a
reference made by president.
High court
• High court operated below the supreme court
but above the subordinate courts.
• At present there are 21 high courts.
• Article 214 to 231 deals with the organization,
independence, jurisdiction, powers, procedure
and so on of the high courts.
• The judges are appointed by the president of
India.
• The chief justice is appointed by the president
in consultation with chief justice of India and
governor of the state concerned.
• For other judges chief justice of concerned
high court is also consulted.
Qualification
• He should be a citizen of India.
• He should have held a judicial office in the
territory of India for ten years.
OR
• He should have been an advocate of a high
court for ten years.
Tenure
• He holds the office until he attains the age of 62
years.
• He can resign his office by writing to the
president.
• He can be removed from office by president on
the recommendation of the parliament.
• He vacates his office when he is appointed as a
judge of the supreme court or when he is
transferred to another high court.
Removal of judges
• A judge of the high court can be removed
from his office by an order of the president.
• The president can issue the removal order
only after an address by Parliament has been
presented to him in the same session for such
removal.
• The address must be supported by a special
majority of each house of parliament.
Jurisdiction and Powers of High court
• Original Jurisdiction
– Matters of admirality, will, marriage, divorce,
company laws and contempt of court.
– Disputes relating to the election of members of
parliament and state legislation.
– Regarding revenue matter
– Enforcement of fundamental rights of citizens
• Writ jurisdiction: It is empowered to issue writs
including habeas corpus, madamus, prohibition, quo-
warrento and certiorari for the enforcement of
fundamental rights or any other purpose.
• Appellate jurisdiction: it hears appeals against the

judgements of subordinate courts functioning in its
territorial jurisdiction.
• It has appellate in both civil and criminal matters.
• Supervisory jurisdiction: High court has the
power of superintendence over all courts and
tribunals functioning in its territorial
jurisdiction.
• Power of judicial review: it is the power to
examine the constitutionality of legislative
enactments and executive orders of both the
central and state governments.

Judiciary

Uploaded by

Copyright:

Available Formats

Judiciary

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Judiciary

Uploaded by

Copyright:

Available Formats

Judiciary system in India

Judiciary system in India

• Appellate jurisdiction: it hears appeals against the

You might also like