JUDICIARY IN INDIA 10TH CLASS
* The Indian judicial system is a single unified system. It is the most important organ of the government because it safegaurds the rights of citizens.
* It is the third branch of the government. Its work is to apply the law of the country, settles disputes and punish the guility. It is also responsible for upholding the rights of citizens and seeing that no one, including the governmet, violets them.
* The Constitution of India clearly lays down that the dispute between the centre and the states or between 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. It 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 the High Courts while making these appoinments. In case of the appoinments of other judges, the chief justice is always consulted.
(a) 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.
(b) 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.
(c) 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 impeachment 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.
(d) Emoluments :
* The Chief Justice of India gets a monthly salary of Rs.100,000. Other judges get Rs.90,000. They also receive allowances and other benefits.
(e) Jurisdiction :
The jurisdiction of the Supreme Court may be categorised as original, appellate and advisory jurisdictions.
(f) 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.
THE HIGH COURT
* Ordinally 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 Hig