-Judiciary-Supreme court and The High Court

Single Integrated system.

 Supreme Court is the head, supervises and exercise control over the functioning
of other courts.
 Single Civil and criminal system operates through out the country.
 Cases from lower court are taken to the High court and finally to the Supreme
Court by way of appeal.
Need for a single integrated system
 To protect the rights of the individual from executive and legislative interference.
 To protect the federal set-up
 To ensure human rights and protect democracy.
Need for a Supreme Court
 To protect the federal set-up and interpret the Constitution.
 To protect the Fundamental rights.
 To give a new meaning to the Constitution.

Supreme Court High Court

Composition-1 Chief Justice and not Composition-Each HC consists of a Chief
more than 33 other Judges. Justice and such other Judges as the President
Adhoc Judge- Constitution provides for of India may fix from time to time.
appointment of a H.C. judge on ad-hoc basis 2.Diff. H.C has diff. no. of judges fixed by
for a period as may be necessary.Such Parliament.3.Chief Justice of H.C. can call any
appointment is made by the Chief Justice of judge from lower courts to serve as additional
the S.C with the consent of the President& Judge for a max. Of 2 yrs., provided the latter
after consultation with the Chief Justice of does not become older than 62 years of age or
H.C an acting judge when a Permanent Judge is
temporarily absent or unable to perform his
duties or is appointed to act temporarily as Chief
justice.

1) Qualifications required- He must Qualifications required- 1.He must be an

be an Indian Citizen. Indian Citizen.
2) He should have been an advocate 2.He must have been an advocate in High
for 10 years in a H.C or two or more Court for 10 years.
such courts in succession. 3) He should hold a Judicial office in India for
3) He should have been an H.C. judge or a minimum of 10-yrs.
a judge of two or more such courts for a
min. of 5 yrs.
4) He should be in opinion of President a
distinguished jurist.

Appointment-Every judge is appointed Appointment-1) Judges of High Court are

by the President after consultations with appointed by President in consultation with
such other judges of the Supreme Court the Chief justice of the Supreme Court
and High Courts as the President might and the Governor of the State concerned
deemed necessary. While appointing a state.
Judge other than Chief Justice, the Chief 2) Other judges are appointed by President
Justice of India shall always be consulted. in consultation with Chief Justice of India &
Chief Justice of the concerned H.C &
The Chief Justice must consult the four
senior most Judges of the Supreme court Governor of the State.The Chief Justice
before making any recommendation to must consult the two senior most Judges
the President of India. This came to be of the Supreme court before making any
known as collegium system.The criterian recommendation to the President of
for the appointment of the Chief Justice India.
of India shall be seniority.The Chief Oath- A judge of an high Court before
justice may appoint a judge of a high entering an office takes an oath before the
Court as an adhoc judge of the SC for a Governor of the state or some person
period as may be necessary. Such appointed in that behalf by him.
appointments are made with the consent
of the President and after the consultation
of the CJ of the HC concerned.
Oath-Every Judge before entering an
office has to make an oath. The oath was
administered by the President of India.
Term-A Judge of the SC shall hold Term- A Judge of the HC shall hold office
office until he attains the age of until he attains the age of 62years.
65years.A Judge may resign his office by Process of removal-impeachment-An order
writing to the President. passed after an address by each house of
Process of removal-impeachment-A Parliament supported by a majority of total
judge may be removed from his office by membership of that house and by a majority
the President on the ground of proved of not less than two-thirds of the house
misbehaviour or incapacity.An order present and voting.
passed after an address by each house of
Parliament supported by a majority of
total membership of that house and by a
majority of not less than two-thirds of the
house present and voting.
Salaries& emoluments-The parliament Salaries& emoluments- The parliament
decides their salaries,allowances and decides their salaries,allowances and
perks.These are charged from the perks.They are entitled to rent free
consolidated fund of India and cannot be accommodation and other
voted upon by the Parliament. Salaries allowances.Salaries are charged from the
can be reduced only during Financial consolidated fund of India and cannot be
Emergency. voted upon by the State legislatureSalaries
can be reduced only during Financial
Emergency.
Jurisdiction & powers Jurisdiction & powers
Jurisdiction is the power that the court of The Jurisdiction of the HC may extend to the
law exercises to carry out judgements and territorial limits of the State.
enforce laws. Original Jurisdiction- Cases which are
Original Jurisdiction- brought to the respective courts in 1st instance
1)The original Jurisdiction extend to those are called original jurisdiction.
cases which Supreme Court has authority to i) In regard to state revenue & its collection
hear and decide in the first instance. ii) In regard to admiralty. iii) Wills, divorce iv)
2) Types of such cases are- Marriage laws v) Company laws vi) Contempt of
a) Disputes relating to violation of court. vii) Election petitions challenging the
fundamental rights election of members of Parliament or a member
i) Centre—state dispute-A dispute of the State legislative Assembly or other local
between Government of India and one or bodies. viii) It enjoys original jurisdiction for the
more states. enforcement of fundamental rights guaranteed by
ii) Inter—state dispute-Dispute between the constitution. it can also issue writs for the
two or more states. enforcement of fundamental rights.
iii)A dispute between union and any state Appellate Jurisdiction-
on one side and other states on the the It means that the HC has the power to accept
other. appeals against decisions of District courts in civil
In all the above cases Supreme court and criminal matters.It may change the decision
has exclusive Jurisdiction. or reduce the sentence passed.
iv) Cases relating to interpretation of Civil cases
constitution 1.In Civil cases the High Court hear the appeals
v) The original jurisdiction extends to cases against the District Court.2.In matters concerning
relating to the violation of fundamental rights. land revenue and 3.in cases where a blatant
it can also issue writs for the enforcement of injustice has been committed by any
fundamental rights. tribunal(labour tribunal). The HC may quash the
order of the tribunals.
Appellate Jurisdiction- Criminal cases
It means that the respective court has the 1) When a session judge gives a sentence of
power to accept appeals against decision imprisonment exceeding 7 years.
of lower courts:It may change the 2) Where a session judge passes death sentence
decision or reduce the sentence passed. against a convict, it will not be carried out unless
The Supreme Court is the final court of it is confirmed by the appropriate High Court.
appeal. 3) Where an Assistant Session judge, a
Civil cases Metropolitan Magistrate or a judicial magistrate
1) An appeal in respect to civil cases can awards imprisonment beyond a period of 4 yrs.
go to S.C. if H.C. certifies that 1. the case 4)when the order of acquittal is passed by the
involves substantial question of law of session judge.
general importance & 2. in opinion of
H.C. the said question needs to be
decided by S.C.

2) Criminal case—two types of appeal

can be taken-cases without HC’s
certificate& cases with HC’s certificate.
i) Without HC s certificate
a) If H.C. reverses an order of acquittal
issued by lower court & sentences an
accused to death on an appeal from the
government.
b) If H.C. withdraws a case from a lower
court, convicts & sentences the accused
to death.

ii) With H.Cs certificate—

If H.C. concerned certifies that it is a
case for appeal to S.C. H.C. grant certificates
that case involves substantial question of law
of general importance.
Appeal by special leave-The SC can allow
leave to appeal against the judgement of any
court of India.
In civil cases,special leave to appeal would GUARDIAN OF FUNDAMENTAL RIGHT:--
not be granted unless there is a question of 1) The constitution empowers the citizen right to
law or general public interest involved in the move to the concerned courts for enforcement of
 case. fundamental rights.
In criminal cases when it is shown that 2) The courts have right to issue writs like
grave injustice has been done. Habeas Corpus, Mandamus, Prohibition etc.
The SC could quash the decision of the A writ is an order from a judicial authority
tribunal when the tribunal has exceeded its asking a person to perform an act or refrain
jurisdiction or adopted a procedure that acts
against the rules of natural justice.
from performing an act.
ADVISORY FUNCTION
3) Constitutional cases— The HC can advice any government
i) If H.C. certifies that the case involves an department,legislature or the Governor,if
important point of law & needs interpretation they seek it,on constitutional as well as on
of constitution. others matters of law. But this opinion is not
ii) If H.C. refuses S.C. may grant special binding as it is not a judicial pronouncement.
leave to appeal if it is satisfied that
interpretation of constitution is required. REVISORY JURISDICTION:-
GUARDIAN OF FUNDAMENTAL RIGHT:-- The HC is empowered to review any judgement
1) The constitution empowers the citizen right made by it or by a subordinate court with a view
to move to the concerned courts for to remove any mistake or error that might have
enforcement of fundamental rights. crept in the judgement or order.
2) The courts have right to issue writs like It is applicable in the following cases-
Habeas Corpus, Mandamus, Prohibition etc. 1)injustice or an error of law apparent on the face
Article 13 prohibits Parliament from enacting of the record.2) violation of the principles of
an ordinary legislation which abridges or Natural Justice.3)arbitrary authority leading to
takes away fundamental rights. If they do so, wrong judgements.4) flagrant error in procedure.
the law shall be declared null & void by the POWERS OF JUDICIAL REVIEW
S.C. 1) H.C. is guardian of our constitution. It is
ADVISORY FUNCTION empowered to declare laws, executive orders &
The Indian President may seek S.C’s advice ordinances passed by the State Legislature null &
on important question of law & fact. In such void if they are found to be inconsistent with
case a bench of 5 judge deal with it & the constitution or infringes the Fundamental rights.
opinion is pronounced in open court, but this 2) It has the power to review the laws passed by
opinion is not binding as it is not a judicial the State legislatures.3) If any lState law goes
pronouncement. against constitution, the H.C. shall declare the
Disputes arising out of preconstitution law unconstitutional & make it inoperative.
treaties and agreements are settled by the COURT OF RECORD
SC. 3) Court of
record is one whose judgment is in nature of
REVISORY JURISDICTION:- judicial precedents & is referred to in other courts
The SC is enpowerd to review any of the country.
judgement made by it with a view to remove 4) Its
any mistake or error that might have crept in proceedings have a reference value.They are not
the judgement or order. to be questioned when they are produced before
any subordinate court in the state concerned.The
POWERS OF JUDICIAL REVIEW law laid down by the HC is binding upon all
1) S.C. is guardian of our constitution. It is subordinate courts in the State concerned.But it
empowered to declare laws, executive orders does not bind the other HCs,although it is of great
& ordinances null & void if they are found to significance and can be produced in support of an
be inconsistent with constitution. agreement.
2) It has the power to review the laws passed 3. Such a court can punish a person for its own
by the Union and State legislatures.3) If any contempt.
law goes against constitution, the S.C. shall
declare the law unconstitutional & make it
inoperative.
COURT OF RECORD
1) Court of
record is one whose judgment is in nature of
judicial precedents & is referred to in other
courts of the country.
2) Its
proceedings have a reference value.They are
not to be questioned when they are produced
before any subordinate court.
Such a court can punish a person for its own
contempt.

Independence of judiciary is ensured by the following devices.

1.Appointment of judges-Every judge of the SC/HC is appointed by the President after
consultation with the Collegium, headed by the Chief Justice of India and the judges of
SC and HC.Thus neither the Executive or the Chief Justice of India acting on its own can
have full control over the appointment of the Judges.
2.Removal of judges/security of tenure/Transfer--A judge can remain in office till he
attain the age of 65 years(SC) &62 years(HC).A judge can be removed by the President
only for proved misbehaviour and incapacity.This charge needs to be proved only by a
joint address by each house of Parliament supported by a majority of total membership of
that house and by a majority of not less than two-thirds of the house present and voting.
The Pesident can transfer any judge from one HC to another only if the following
conditions are fulfilled-(i)Orders of transfercan be issued after consulting the CJ of India.
(ii) The CJ of India’s recommendation must be made in consultation with four seniormost
judges of the SC.(iii) The views of the CJ’s of the HC-one from which the transfer is
taking place and another to which the transfer is to be affected must also be obtained.(iv)
when a judge has been transferred, he shall be entitled to compensatory allowance in
addition to his salary.
3.Security of salaries and service conditions-.Judges salaries and allowances shall not
be changed to their disadvantage during their term of office. The parliament decides their
salaries,allowances and perks.They are entitled to rent free accommodation and other
allowances.Salaries are charged from the consolidated fund of India and cannot be voted
upon by the State legislature. Salaries can be reduced only during Financial Emergency.
4.Freedom to announce decisions and decrees-The judges are free to announce their
decisions and decrees in the court chambers without any danger to their person,property
or fame.Their decisions cannot be criticized in public or by the press.
5 Punishment for the contempt of court-The SC can punish a person for contempt of
court if the person or authority tries to lower its authority.
6.No discussion in the legislature on the conduct of judges-
7. Full control over its procedure of work and establishment- The constitution provides
that appointment of officers & servants of concerned courts would be made by Chief Justice of
respective H.C.s.
8.Restrictions on practice-The judges of SC are paid handsome pensions but they are not
allowed to practice after retirement.A judge who has worked as a permanent judge of a HC can
practice after his retirement only on SC or in those HC where he has not served as a judge.