Judiciary of India
After studying the two organs of the federal government, the legislature and the executive, we will study in detail its third independent, impartial and consistently unified organ, the judiciary.
In the federal system of India, there is a single, hierarchical, and unified judicial system throughout the country. The system of the judiciary in India is seen in the form of a well-organized pyramid. We have a unified judiciary system, according to which the center
At the top of the hierarchy is the Supreme Court of the country, while in the middle is the High Court at the state level and under it are the local courts at the district level and taluka level, and under it are the specialized courts, trial courts, and tribunals formed for different purposes.
Importance of Judiciary
In India, to protect and preserve the rights of citizens and to resolve any conflict between the Centre and the states or between states, a neutral and impartial judiciary is necessary in the federal system to resolve it as per the provisions of the Constitution. The judiciary is an important organ to check the constitutionality of any section or provision of a law and to interpret it so that the supremacy of the Constitution is not affected.
An independent, neutral, impartial and impartial judiciary in the country is the cornerstone of democracy to check that the constitutional limits are not violated by the legislature and the executive. The Constitution serves its purpose only if there is no error or delay in the judicial process and citizens get speedy, cheap and equal justice.
It is always necessary for the judiciary to remain active where there is an executive and an alert legislature; but sometimes, due to the inaction and irresponsibility of the executive and the administrative executive and as a result of the autocracy of the legislature, the vigilant, fearless, independent and impartial judiciary has shown judicial activism.
Supreme Court
Its seat is in New Delhi. All civil and criminal courts in India have to work under the supervision of the Supreme Court. In addition to the Chief Justice, there is a provision for the number of 28 judges in the Supreme Court. The Parliament changes the number of judges of the Supreme Courts, but if the President feels that the burden of judicial proceedings in the Supreme Court has increased, he can appoint afrock judges according to the constitutional power. The senior judges of the Supreme Court are appointed on the basis of seniority. In the appointment of judges other than the Chief Justice, the Chief Justice always makes the decision after consulting other senior judges.
(1) Must be a citizen of India.
(2) Has served as a Judge in any High Court of India for at least five (5) years.
(3) Having at least ten (10) years of experience as an advocate in any High Court.
(4) She should be a renowned jurist or eminent jurist in the opinion of the President.
(5) The person must not be sixty-five (65) years of age or older.
Term: The retirement age of a Supreme Court judge is fixed at 65 years. However, Parliament can make a law to extend it.
They can make changes. After retirement, they cannot practice law in any court of India; but they can act on commissions of inquiry appointed for investigation in exceptional circumstances or occasions. If they are unable to perform their duties before the retirement date, they can voluntarily resign from their duties by submitting their written resignation to the President; but in the event of their removal from office due to proven incompetence, misconduct or inefficiency, or on grounds of violation of constitutional limits or on charges of serious malpractice or corruption. The judge concerned has been given an opportunity to present his statement in his defence in the presence of Parliament.
Before assuming office, Supreme Court judges are required to take an oath of office and loyalty to the Constitution by the President, and they are required to sign an affidavit.
Powers and jurisdiction of the Supreme Court:
This jurisdiction can be divided into three types: original jurisdiction, contentious jurisdiction, and advisory jurisdiction.
(1) Original Jurisdiction: When a court has the power to hear a dispute first and decide it, it is called original jurisdiction (Moulik Hafmat) and the power to decide a case which is not available to any other court is vested in the Supreme Court.
This jurisdiction should include the following parties who have the authority to resolve the dispute:
(i) The Union Government has the power to settle disputes or controversies between it and one or more States.
(ii) It has full power to adjudicate disputes or controversies between two or more states, that is, between states.
(iii) The Supreme Court has the power to decide all questions relating to the constitutional validity of any law of the Union Government.
(v) This court, in addition to the power to protect and preserve the fundamental rights of citizens, has the power to issue writs of certiorari, writs of authority or restraining orders, etc., for violation of fundamental rights.
The Supreme Court has no authority to resolve disputes regarding the sharing and use of river water between states, states-states, or states-states. Separate “Water Tribunals” (tribunals) give judgments for that. The judgments of the Supreme Court are final and cannot be challenged elsewhere.
They are binding on all has. Of course, no new ground can be added in an appeal. Only a party to the case can appeal on the ground that the question has been decided incorrectly in the High Court or in another court. Only a person who is a party to the proceedings in the High Court can appeal to the Supreme Court.
(1) In civil cases, an appeal may lie to the Supreme Court if the High Court certifies that the case is of wide importance and involves an important question. An appeal may lie to the Supreme Court against the judgment or decision of any High Court in civil suits exceeding one lakh rupees.
(2) In criminal cases, an appeal may be filed when the lower court has acquitted the accused from the death penalty but the High Court has sentenced the accused to death. An appeal may be filed when the High Court has taken back a case from a lower court under its jurisdiction and sentenced the accused to death and has given a certificate that the case is fit for appeal to the Supreme Court and is fit for reconsideration. The Supreme Court can itself review its judgments. It can transfer a case pending in any other court to its court. Parliament can increase the powers of this court by making laws.
(3) Advisory Jurisdiction: Which gives the President the power to advise him on certain matters or questions such as important
If the President thinks fit to seek the opinion of the Supreme Court on a question of law or any matter affecting public interest, the President may refer the question to the Supreme Court for consideration. Under this provision, the President may seek the advice of the Supreme Court on any question of law, any question of fact, any question of constitutional interpretation, any question relating to the legality of a Bill; but if the Supreme Court does not think fit to consider or give an opinion on the question referred for consideration, the Supreme Court may refer it back to the President and the opinion or advice given shall not be binding on the President.
(4) Other Powers: The Supreme Court has the power to review its previous decisions or judgments. The Supreme Court can award punishment for “contempt of court”. The Election Commission has the power to resolve electoral disputes for the election of the President or Vice President. It has the power to declare any executive action, law, order or decree unconstitutional and void on the grounds that it is inconsistent with the Constitution in relation to the protection of the fundamental rights of citizens.
Naziri Adalat (Court of Records)
A Supreme Court is a court whose records have evidentiary value and no objection can be raised against their legality when they are produced. The judgments or decisions of the Supreme Court are considered permanent documents and are considered to be final. They are used as a reference in deciding cases in subordinate courts. Their norms are binding on subordinate courts.
High Courts
The important state-level courts, which are the middle link in the continuous, well-organized, unitary pyramid-shaped judicial system of India, are the High Courts.The Constitution has provided for one High Court in each unitary state. The President has the power to create a common High Court for two or more states. Similarly, the jurisdiction of the Assam High Court extends to Manipur, Meghalaya, Nagaland, Tripura, Mizoram and Arunachal Pradesh in addition to Assam.
Composition: The Chief Justice of the High Court is appointed by the President after consultation with the senior-most judge of the Supreme Court and the Governor of the concerned state. The appointment of other judges is done in consultation with the Chief Justice of the High Court. Of course, the President is understood to mean the President acting on the advice of the Prime Minister and the Council of Ministers. Therefore, the judges of the High Courts are appointed after consultation with the Prime Minister and the Chief Minister.
The term of office of the judges of the High Courts is 62 years. They can resign by addressing the President. Any judge of the High Court can be removed from office by the President on grounds of misconduct or wrongdoing against him after completion of the process of impeachment proceedings in Parliament in accordance with the constitutional provisions, if the charges are proven. The judges of the High Court can be transferred to any state in India.
The number of judges in all the High Courts is not the same. The President can also appoint additional acting High Court judges on ad hoc basis for a period of two years, taking into account the number of pending cases and the workload. The Supreme Court and the High Courts conduct their business in English, but if the legislature of any state passes a resolution to the effect that the High Court of that state may conduct its business in the language of its state, then the High Court of that state may conduct its business in that language.
Qualifications: As per the constitutional provisions, a person appointed to the High Court (3) must be a citizen of India and (3) must have held judicial office in any of the lower courts in the states of India for at least 10 (ten) years or (1) must have practiced law in the High Court for at least 10 (ten) years and (iv) must be a jurist or expert constitutionalist or eminent jurist in the opinion of the President and (v) must not be less than 62 years of age.
A person appointed as a Judge of a High Court, before assuming his office, has to take an oath of secrecy of office and sign an affidavit before the Governor of the State or any person appointed by him in this behalf.
Jurisdiction of the High Court: The power and jurisdiction of the High Court can be divided into the following three jurisdictions:
(1) Fundamental Jurisdiction: The High Courts have the power to take action against any person, authority or government for violation of the fundamental rights of citizens.
It has the power to issue orders, decrees or decrees, writs like habeas corpus and writs against. The High Court also has the power to try cases related to companies, marriage, divorce and maintenance. The High Court has the power to try cases related to contempt of court, land revenue and its collection, land acquisition and compensation claims.
Write applications against the judgments given by the lower courts in all civil and criminal cases, petitions challenging elections, challenging laws and challenging provisions related to entrance examinations can be filed in the High Court.
(2) Appellate Jurisdiction: In the jurisdiction of the High Court, the High Court hears appeals against the decisions of the lower courts in the state. The High Court hears appeals filed against the decisions of its subordinate courts or tribunals. When the District Criminal Court (Sessions Court) Judge has sentenced an accused to imprisonment for a term exceeding four years for his crime, the party can appeal to the High Court against that decision.
When the Sessions Court has sentenced an accused to death on the charge of murder against the decision of the criminal court below it, an appeal can be filed in the High Court. Parties aggrieved by the decisions of the tribunals can also seek justice by appealing to the High Court. The High Court has the power to decide on important questions of law relating to the interpretation of the Constitution in a case.
(3) Administrative Jurisdiction: Every High Court has the power to supervise and regulate the proceedings of all the courts and tribunals in the State or the territories to which its jurisdiction extends. The High Courts have the power to call for case papers or records from such courts and to try cases if they deem it necessary. They may make general rules to regulate the conduct and proceedings of the courts under their jurisdiction. The High Courts have the power to Composition: The Chief Justice of the High Court is appointed by the President after consultation with the senior-most judge of the Supreme Court and the Governor of the concerned state.
The appointment of other judges is done in consultation with the Chief Justice of the High Court. Of course, the President is understood to mean the President acting on the advice of the Prime Minister and the Council of Ministers. Therefore, the judges of the High Courts are appointed after consultation with the Prime Minister and the Chief Minister.
The term of office of the judges of the High Courts is 62 years. They can resign by addressing the President. Any judge of the High Court can be removed from office by the President on grounds of misconduct or wrongdoing against him after completion of the process of impeachment proceedings in Parliament in accordance with the constitutional provisions, if the charges are proven. The judges of the High Court can be transferred to any state in India.
The number of judges in all the High Courts is not the same. The President can also appoint additional acting High Court judges on ad hoc basis for a period of two years, taking into account the number of pending cases and the workload. The Supreme Court and the High Courts conduct their business in English, but if the legislature of any state passes a resolution to the effect that the High Court of that state may conduct its business in the language of its state, then the High Court of that state may conduct its business in that language.
Qualifications: As per the constitutional provisions, a person appointed to the High Court (3) must be a citizen of India and (3) must have held judicial office in any of the lower courts in the states of India for at least 10 (ten) years or (1) must have practiced law in the High Court for at least 10 (ten) years and (iv) must be a jurist or expert constitutionalist or eminent jurist in the opinion of the President and (v) must not be less than 62 years of age.
A person appointed as a Judge of a High Court, before assuming his office, has to take an oath of secrecy of office and sign an affidavit before the Governor of the State or any person appointed by him in this behalf.
Jurisdiction of the High Court: The power and jurisdiction of the High Court can be divided into the following three jurisdictions:
(1) Fundamental Jurisdiction: The High Courts have the power to take action against any person, authority or government for violation of the fundamental rights of citizens.
It has the power to issue orders, decrees or decrees, writs like habeas corpus and writs against. The High Court also has the power to try cases related to companies, marriage, divorce and maintenance. The High Court has the power to try cases related to contempt of court, land revenue and its collection, land acquisition and compensation claims. Writ applications against the judgments given by the lower courts in all civil and criminal cases, petitions challenging elections, challenging laws and challenging provisions related to entrance examinations can be filed in the High Court.
(2) Appellate Jurisdiction: In the jurisdiction of the High Court, the High Court hears appeals against the decisions of the lower courts in the state. The High Court hears appeals filed against the decisions of its subordinate courts or tribunals. When the District Criminal Court (Sessions Court) Judge has sentenced an accused to imprisonment for a term exceeding four years for his crime, the party can appeal to the High Court against that decision.
When the Sessions Court has sentenced an accused to death on the charge of murder against the decision of the criminal court below it, an appeal can be filed in the High Court. Parties aggrieved by the decisions of the tribunals can also seek justice by appealing to the High Court. The High Court has the power to decide on important questions of law relating to the interpretation of the Constitution in a case.
(3) Administrative Jurisdiction: Every High Court has the power to supervise and regulate the proceedings of all the courts and tribunals in the State or the territories to which its jurisdiction extends. The High Courts have the power to call for case papers or records from such courts and to try cases if they deem it necessary. They may make general rules to regulate the conduct and proceedings of the courts under their jurisdiction. The High Courts have the power to
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