= Judicial Review : It means the power of the Supreme Court to review the laws passed by the legislature if it believes that there has been a violation of the basic structure of the Constitution.
= Compensation : Payment in cash or kind to cover up the losses.
= Separation of Powers : It means the executive and legislature cannot interfere in the work of the judiciary.
= Jurisdiction : It is the power that a court of law enjoys to pronounce legal judgement.
= Law : It means a rule of human conduct which is binding upon all the members of a society. Laws are generally made by the legislature of our country.
= Appellate Jurisdiction : This is the power of the superior court to hear and decide an appeal against the judgement of lower courts.
= Original Jurisdiction : It extends to such cases as come directly before the Supreme Court and over which Supreme Court has exclusive jurisdiction.
= Single and Unified Judiciary : Single and unified judiciary represents a hierarchy of courts with a Supreme Court at the top. In this system there is complete uniformity in the administration of justice.
= Acquit : The person who is declared not guilty of the crime for which he was tried by the court.
= Eviction : An act under which the person is asked to evict (leave) the land or home where he/she is living in.
= Violation : Not following the law or breaking a law. It also refers to the breach or encroachment of Fundamental Rights.
= The Supreme Court was established on 26th January, 1950. Located in Delhi.
= High Court were first established in the three presidency cities of Calcutta, Bombay and Madras in 1862. High Court of Delhi came up in 1966.
= Presently there are 21 High Courts. Punjab and Haryana share a common High Court at Chandigarh.
= Seven north-east states have a common High Court at Guwahati.
= The judiciary occupies an important place, in the Indian federal system.
= Union and state governments function simultaneously. The Constitution has divided their jurisdictions through three Lists: the Union List, the State List and the Concurrent List. But there is always a possibility of disputes between the centre and the state or between the state governments. The judiciary is to play a crucial role in such situations.
= The Constitution of India clearly lays down that the dispute between the centre and the states or between states will be resolved by the judiciary .
= The judiciary is also responsible to ensure that the rights of citizens are respected and protected and the powers of the government do not cross the limits prescribed .
= India has a single, unified judicial system for the entire country. The Supreme Court is at the top of the judicial system. There are High Courts at the state level and further below are subordinate courts.
The Supreme Court
= The Supreme Court is at the apex of the Indian Judiciary.lt was established by the Constitution .
= It has a Chief Justice and 25 other judges. The number of judges can be changed by the Parliament.
= The Chief Justice of India and other judges are appointed by the President. The President consults other Judges of the Supreme Court and High Courts while making these appointments. In case of the appointment of other judges, the Chief Justice is always consulted.
(i) Qualifications :
For appointment as a judge of the Supreme Court one must be a citizen of India and must have been a judge of a High Court for 5 years or must have served as an advocate in a High Court for'at least 10 years or has been a distinguished jurist in the opinion of the President.
(ii) Oath and Term :
= The judges of the Supreme Court take an oath or affirmation before entering upon office, conducted by President or some person appointed by him.
= Once appointed, a judge holds office till the age of 65.
(iii) Removal :
= The Judges of the Supreme Court can be removed only by a special procedure. A judge can be removed by the President of India only when an impeachement is passed by both the houses of Parliament in the same session, asking for his or her removal on the grounds of proven mis-behaviour and incapacity .
= Each house has to pass the address by a majority of its total membership and a two-thirds majority of the members present and voting.
= Judges of the Supreme Court addresses his resignation to the President.
(iv) Emoluments :
= The Chief Justice of India gets a monthly salary of Rs.1,00,000. Other judges get Rs.90,000. They also receive allowances and other benefits .
= While in office their salaries and other benefits normally cannot be reduced.
= After retirement, they cannot practice in any court of law.
(v) Jurisdiction :
The jurisdiction of the Supreme Court may be categorised as original, appellate and advisory jurisdictions.
(a) Original Jurisdiction :
The Supreme Court has exclusive jurisdiction over disputes
= Between the Government of India and one or more states;
= Between the Government of India and one or more states on one side and one or more states on the other; and
= Between two or more states.
(b) Appellate Jurisdiction :
Three types of appeals can be made to the Supreme Court .
= Firstly, there can be an appeal against any decision or order of a High Court, if the High Court gives a certificate that it involves some question of the interpretation of the Constitution.
= Secondly, there can be appeal against civil cases decided by a High Court if the High Court gives a certificate that the case involves a substantial question of law.
= Thirdly, in respect of criminal cases too, there can be an appeal to the Supreme Court. If a High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death, or if by withdrawing a case from the lower court to itself it has sentenced a person to death, one can go for an appeal to the Supreme Court.
= Finally, the Supreme Court also can allow any decision by a lower court to come to it.
= The Supreme Court can review any judgment given by itself.
= The Supreme Court is also given the power under our Constitution to transfer a case that is being decided in any court and bring it to itself. If it feels that an important question of law is involved .
= Parliament can confer on the Supreme Court more powers by passing a law.
(c) Advisory Jurisdiction :
= The Supreme Court has also an advisory jurisdiction. As the highest court in the country, the Supreme Court can be consulted by the President on certain issues .
= If the President feels that an important legal question or fact of public importance has come up or is expected to come up in some court, he can ask the Supreme Court for its advice. The Supreme Court in such cases would consider it, and give its opinion to the President, but such an opinion is not binding on the President.
= A decision given by the Supreme Court has to be enforced by government authorities all over India .
= The Supreme Court has the powers to protect the right to constitutional remedies that the Constitution has given to the citizens. Under this right, if a citizen feels that her/his fundamental rights have been taken away, she/he can go straight to the Supreme Court .
= Right to constitutional remedies empower the Court to act as the guardian of the Constitution.
(d) Court of Record :
= The Supreme Court is a Court of Record. All the decisions and proceedings of the Supreme Court are kept as records and are quoted as precedents in courts.
= The court can punish for its own contempt, if anyone does not abide by its decisions.
= Ordinarily every state has a High Court. But even two or more states may have one High Court. For example, Assam, Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland and Tripura have one High Court. The Union Territory of Chandigarh comes under the jurisdiction of Punjab and Haryana High Court.
= The High Court consists of a Chief Justice and some other judges appointed by the President of India, as determined by Parliament. All the High Courts do not have the same strength.
(i) Qualifications :
= A citizen of India and
= Must have held a judicial office for at least ten years or have been an advocate of a High Court for at least ten years or is a distinguished jurist in the opinion of the President.
(ii) Appointment :
= In the appointment of the Chief Justice of the High Court the President consults the Chief Justice of India and the Governor of the concerned state.
= Other Judges are also appointed according to the same procedure, except that the Chief Justice of the concerned High Court is also consulted.
(iii) Oath and Term :
= The judges of the High Court take an oath or affirmation before entering upon office, conducted by Governor or some person appointed by him .
= The Judges hold office until they attain the age of 62 years.
(iv) Removal :
= Judges of one High Court can be transferred to another High Court .
= They can be removed through the same procedure as followed in the case of a judge of the Supreme Court.
= Judge of the High Court addresses his resignation to the President.
(v) Emoluments :
= The Chief Justice of a High Court is paid a monthly salary of Rs.90,000 and other Judges receive Rs.80,000 besides other benefits .
= Their salary and other benefits cannot be reduced normally during their tenure.
(vi) Jurisdiction :
The High Courts have three types of juridictions. These are original, appellate and administrative.
(a) Original Jurisdiction :
= Under the original jurisdiction it has power to issue directions, orders including writs to any person, authority and any government within its jurisdiction against the violation of the fundamental rights of citizens .
= Petitions challenging the election of a member of Parliament or a State Legislature or a local body can be filed in the High Court of the concerned state .
= It can also try civil and criminal cases.
(b) Appellate Jurisdiction :
The appellate jurisdiction of high Court includes the power to hear appeals about civil and criminal cases against decisions of lower courts.
(c) Administrative Jurisdiction
Under its administrative jurisdiction, it has authority to revise the working of all subordinate courts.
(d) Court of Record
= The High Court also is a court of Record and empowerd to punish for contempt of court .
= The power to extend or restrict the jurisdiction of the High Court rests with the Parliament.
= The organisation and functions of the subordinate courts throughout the country are same, except with minor local variations.
= All subordinate courts function under the supervision of the concerned High Court. In every district there are civil and criminal courts.
= The Court of the District Judge is the highest court in a district. The Judge is called the District Judge while dealing with civil cases and Sessions Judge while dealing with criminal cases .
= Besides these courts, there are courts of sub-judges, munsiff courts and court of small causes. There are also courts of second and third class magistrates .
= The judges of the District Courts are appointed by the Governor of the concerned state in consultation with the High Court.
= A person who has been a pleader or an advocate for seven years or an officer in the judicial service union or the state is eligible for appointement.
= Regarding positions other than those of the district judges, appointments are made by the Governor in consultation with the High Court and the State Public Service Commission. At least three years experience as an advocate or a pleader is one of the essential qualifications for these appointments .
= The District Courts hear the appeals against the decisions of the sub-judges. It hears cases relating to the disputes of property, marriage and divorce. The civil courts exercise jurisdiction over such matters as guardianship of minors and lunatics.
= In a democratic system particularly with a view to protecting the rights of citizens it is essential to ensure that the judiciary functions independent of the executive. The judiciary should not be biased in favour of the government.
= The Constitution of India has made necessary provisions for ensuring independence of judiciary .
= The judges are appointed by the executive on the basis of the prescribed qualifications and according to a well established procedure .
= The judges cannot be removed at the whims of the executive. They are appointed for a fixed period .
= Their emoluments and service conditions cannot be altered .
= No discussions on the conduct of a judge in the discharge of his official duties can take place in Parliament or State Legislatures.
= A new arrangement has been introduced for providing speedy and affordable justice to the poor.
= Lok Adalats and Public Interest Litigation are addressed to eliminate the delay in imparting justice .
= The Lok Adalats speed up the clearance of pending cases and resolve cases that have not yet gone to the Courts.
= The Supreme Court has also opened a new chapter on the Public Interest Litigation. Under this system, the complaints are registered on a receipt of a postcard or an application and necessary orders are passed.
Fill in the blanks.
1. The chief justice of India is appointed by the______.
2. Disputes between two state governments are dealt by the______court.
3. The______Court is the highest court at the state level.
4. Disobeying a court order is known as______of court.
5. A High Court judge can be removed through______in parliament.
Short Answers
1. What is the meaning of the term appellate power?
2. What is the advisory jurisdiction of the Supreme Court?
3. Explain the term judicial review.
4. What is a public interest litigation?
5. Give two examples of subordinate courts.
6. A person is not satisfied with the judgement of the court of sessions judge. To which court should he appeal?
Answer in detail.
1. Draw and explain the hierarchical structure of the various courts of Indian judiciary.
2. What are the differences between civil and criminal cases?
3. What are the advantages of having a single unified judicial system in the country?