Grade: X

Subject: CIVICS

Topic : SUPREME COURT AND HIGH COURT

SUPREME COURT HIGH COURT

Compostion – Chief Justice of India and 33 Compostion – Chief Justice of the High Court and
other judges. as many judges as appointed by the President of
A judge of the High Court may be India.
appointed by the Chief Justice of India as Additional judges to clear arrears of work in a
an Ad Hoc judge in the Supreme Court High Court and
whenever it is necessary and for a period of Acting Judges to work in the place of a Permanent
time that is necessary. Judge in his absence
are also appointed from time to time.

Qualifications – Qualifications –
a. A citizen of India.
b. Has been judge of the High Court for 5 a. A citizen of India.
years in succession. b. Has held a judicial office in India for at least 10
c. Has been an advocate of the High Court years in succession.
for 10 years in succession. c. Has been an advocate of the High Court for 10
d. Is, in the opinion of the President, a years in succession.
distinguished jurist.

Appointment – Appointed by the President Appointment – Appointed by the President in

in consultation with the Chief Justice of consultation with the Chief Justice of India and
India, the Judges of Supreme court and Governor of the concerned state.
High Court and the Council of Ministers.

Term of Office - Holds office until he Term of Office - Holds office until he attains the
attains the age of 65 age of 62

Vacation of Office – Vacation of Office –

1. When he resigns. 1. When he resigns.
2. When he is impeached. 2. When he is impeached.
Impeachment Procedure – Impeachment Procedure –
a. Removed by the President. a. Removed by the President.
b. On grounds of proved b. On grounds of proved misbehaviour or
misbehaviour or incapacity incapacity
c. The impeachment should be The impeachment should be supported and passed
supported and passed by a majority by a majority of both the Houses of the Parliament.
of both the Houses of the Two-thirds of the members of both the Houses
Parliament. Two-thirds of the should be present to vote for the impeachment.
members of both the Houses should
be present to vote for the
impeachment.
Seat of the Supreme Court – --------

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Subject: CIVICS

Delhi or any other place as the Chief Justice

may decide.

Independence of Judiciary from the Independence of Judiciary from the Control of

Control of Executive and Legislature Executive and Legislature
1. Judges have the freedom to 1. Judges have the freedom to announce
announce their decisions and their decisions and decrees without any
decrees without any danger to their danger to their person, property or fame.
person, property or fame. Their Their decisions cannot be criticized by the
decisions cannot be criticized by the Press or in Public.
Press or in Public. 2. The Judges can punish any person or
2. The Judges can punish any person authority for contempt of court of it tries
or authority for contempt of court to lower its authority.
of it tries to lower its authority. 3. There can be no discussion in the State
3. There can be no discussion in the Legislature regarding the conduct of any
Parliament regarding the conduct judge or about his work except when there
of any judge or about his work is a motion for impeachment.
except when there is a motion for 4. They enjoy security of tenure and cannot
impeachment. be removed for any reason except proved
4. They enjoy security of tenure and misbehaviour or incapacity.
cannot be removed for any reason 5. They receive handsome pensions and hence
except proved misbehaviour or are not allowed to practice after
incapacity. retirement except in the Supreme Court.
5. They receive handsome pensions This is to prevent the judges from
and hence are not allowed to favouring any future employer or to
practice after retirement. This is influence their former colleagues after
to prevent the judges from favouring retirement.
any future employer or to influence
their former colleagues after
retirement.
Jurisdiction – It is the power of a court to Original Jurisdiction –
carryout judgements and enforce laws.
Definition – It is the power of the High Court to
Original Jurisdiction – hear a dispute in the first instance.
Definition – It is the power of the Supreme Powers under original jurisdiction –
Court to hear a dispute in the first instance.
1. Protection of fundamental rights –
Powers under original jurisdiction –
Any person can approach the High Court in case of
1. Centre-State Disputes – violation of fundamental rights. The court can
issue several writs for the enforcement of the
Cases involving fundamental rights. High Court has original
a.the Central Government and one or more jurisdiction in this matter.
State Governments.

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Grade: X
Subject: CIVICS

b. the Central Government and one or more 2. Interpretation of Constitution –

states on one side and one or more State  All cases requiring interpretation of the
Governments on the other side. Constitution can be directly filed in the
c. between two or more state governments. High Court. The High Court can declare
any law made by the Central or State
2. Protection of fundamental rights – Government null and void if it violates the
Constitution. This power is known as
Any person can approach the Supreme Judicial Review.
Court in case of violation of fundamental 3. Cases regarding Wills, divorce,
rights.The court can issue several writs for marriage, company law etc.
the enforcement of the fundamental rights. 4. Cases relating to State Revenue and its
The Supreme Court has original jurisdiction collection.
in this matter. 5. Cases relating to election petitions
challenging the election of MPs or MLAs
3. Transfer of cases from lower or local bodies.
courts

If a case in the High Court involves a

question of law or is of great importance,
the Supreme Court may transfer such
cases from the High Court to itself or to
another High Court.

4. Interpretation of Constitution –
 All cases requiring interpretation of
the Constitution can be directly filed
in the Supreme Court.
 It is the final interpreter of the
Constitution.
 The Supreme Court can declare any
law made by the Central or State
Government null and void if it
violates the Constitution. This
power is called Judicial Review.
 It has original jurisdiction in this
matter.

Appellate Jurisdiction – Appellate Jurisdiction –

It is the power of the Supreme court to hear It is the power of the High court to hear appeals
appeals against the decisions of lower against the decisions of District courts. It has the
courts. It has the power to change the power to change the decisions passed by the lower
decisions passed by the lower courts. courts.

The Supreme Court has appellate The High Court has appellate jurisdiction in three
jurisdiction in three types of cases – types of cases –

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 Cases which involves the  Civil Cases – in matters concerning land

interpretation of the Constitution. revenue and in cases where blatant injustice
 Civil Cases. has been committed by any Tribunal
 Criminal Cases.  Criminal Cases – where a death sentence
has been passed by a Sessions Judge, where
the Session Judge has awarded an
imprisonment of more than 7 years.

Advisory Jurisdiction – Advisory Jurisdiction –

 The power of Supreme Court to  The power of High Court to advise the
advise the President on any Governor or any Government
question of law or matter of public department in the State on any question
importance. of law, constitutional matters or matter of
 The advice may also be given on public importance.
disputes arising out of  Such advice is not binding on the
 pre-constitution treaties. Government.
 Such advice is not binding on the
Government.

Revisory Jurisdiction – Revisory Jurisdiction –

The power of the Supreme Court to review The power of the High Court to review any
any Judgement or order made by it to Judgement or order made by a subordinate court
remove any errors that might have crept to when it feels that the subordinate court has
into the decision. exceeded its jurisdiction or has not followed proper
The Supreme Court is a court of record and procedure or where there has been grave injustice
its decisions are not questioned in any court It can review the judgements and take appropriate
of law. They are produced as precedents in action.
lower courts and the judges of the lower
courts are bound by these
judgements.Hence it is important to remove
errors which might have crept into its
judgements.
Judicial Review Judicial Review

The Supreme Court is the final interpreter The High Court along with the Supreme Court has
of the Constitution. the power of Judicial Review.
It has the power to look into the laws It has the power to look into the laws passed by
passed by the Union or State Government the State Government and declare them ‘ultra
and declare them ‘ultra vires’ or Null and vires’ or Null and Void if they are against the
Void if they are against the Constitution. Constitution.
This power is called Judicial Review. This power is called Judicial Review.
Need for Judicial Review –
 The Supreme Court has a right to
intervene if either the Union or State
Government goes beyond the limits
of its authority.

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 The law may be ambiguous to the

Legislature. Only the Supreme
Court has the power to interpret the
laws as it is the final interpreter of
the Constitution.
 The legislature may not possess the
wisdom and the impartiality needed
to explain what the law means.

Court of Record – Court of Record –

The Supreme Court is a court of record. The High Court is a court of record. That means its
That means its judgements are recorded judgements are recorded and preserved as
and preserved as evidence and testimony. evidence and testimony.
They can be produced in any subordinate They can be produced in any subordinate court as
court as precedents. precedents.
The judgements of the Supreme Court The judgements of the High Court cannot be
cannot be disregarded or questioned by any disregarded or questioned by any lower court.
lower court. If a person commits contempt of court, the court
If a person commits contempt of court, the has the authority to punish him.
court has the authority to punish him.

Writ – A written order passed by the

Supreme Court or High Court asking a Court of District Sessions Court
person to act or not to act in a certain way. Judge
Types of wrtis –
Mandamus – To Order It is the highest It is the highest
Habeas Corpus – To have the body Civil court in the Criminal Court in the
Writ of Certiorari – To be informed of what District District.
is going on. It is presided by the It is presided by the
Writ of Prohibition – To order a lower court District Judge Sessions Judge
from proceeding in a case that exceeds its It decides civil It decides criminal
jurisdiction. cases related to cases related to murder,
Quo Warranto – ‘By what Order’ land, property, theft, dacoity, etc.
marriage, divorce
etc.
The District Judge The Sessions Judge
can perform does not perform any
administrative administrative
functions like functions.
collecting revenue
and taxes in the
district.


Lok Adalat

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Grade: X
Subject: CIVICS

Judgement – It is the decision pronounced

by a Court determining the rights of the Lok Adalat means ‘People’s Court’. It is a legal
parties in a court case. forum to provide quick and inexpensive justice to
those who are not in a position to engage lawyers
Contempt of Court – Disrespect for the and bear the expenses of legal proceedings.
dignity or authority of court. Eg- refusing to The decisions of the Lok Adalat are equivalent to
answer in the court as a witness, speaking judgements passed in a Civil Court. There is no
disrespectfully to the judge etc. appeal for the decisions of Lok Adalat.
It was started on the recommendations of Justice P
Rule of Law – It is the supremacy of law. N Bhagawati in 1987.
No person can cause any harm in body or
goods to any person except in accordance Aims of Lok Adalats –
with following the law of the country.
1. To provide legal aid to those who can’t
afford it.
2. To relieve the courts of heavy backlog of
cases.
3. To remove delays in dispensing justice.
Advantages of Lok Adalats –
1. It helps in settling minor cases of dispute
through a spirit of compromise where both
parties feel satisfied.
2. Lok Adalats deliver fast and inexpensive
justice.
3. Lok Adalats reduce the work load of other
courts enabling them to deal with more
important cases.
4. They promote social justice by giving free
legal aid to weaker sections of the society.

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