judiciary

Judiciary Overview

  • The judiciary interprets laws established by the legislature and punishes violators.

  • India has a single integrated judiciary consisting of:

    • Supreme Court: Apex court of the judicial system.

    • High Courts: Exist for each state.

    • District Courts: Subordinate courts under High Courts.

    • Subordinate Courts: Include various lower courts.

Structure of the Indian Judiciary

  • Supreme Court

  • High Courts

  • District Courts

    • Civil Division

    • Sessions Court: Handles criminal cases.

  • Subordinate Courts

    • Includes various types of judicial magistrate courts.

The Supreme Court

  • Highest court in India.

  • Powers include:

    • Interpreting the Constitution

    • Resolving disputes between central and state governments

    • Protecting Fundamental Rights

Composition of the Supreme Court

  • Consists of:

    • Chief Justice of India

    • 33 other judges appointed by the President of India.

    • Appointment Process: The President consults the Chief Justice for appointments.

Qualification of Supreme Court Judges

  • Must be a citizen of India.

  • Must have:

    • At least 5 years as a judge of a High Court,

    • 10 years as an advocate of any High Court, or

    • Recognized jurist by the President.

Term of Office

  • Judges retire at the age of 65.

  • Can resign by writing to the President.

  • Judges can be impeached for 'proven misbehaviour' or 'incapacity'.

Jurisdiction of the Supreme Court

  • Original Jurisdiction: Hears certain cases first.

    • Disputes between Union and State Governments.

    • Disputes between states.

    • Cases related to Fundamental Rights.

    • Constitutional interpretation cases.

  • Appellate Jurisdiction: Highest court of appeal.

    • Appeals against High Court decisions in constitutional, civil, and criminal matters.

    • Special leave of appeal can be granted against any court's judgment.

  • Advisory Jurisdiction: President may seek advice; not binding.

  • Reviewing Jurisdiction: Power to review its own judgments.

High Courts

  • Highest court at the state level.

  • Some High Courts serve multiple states (e.g., Mumbai HC covers Maharashtra and Goa).

  • Current number of High Courts in India: 25.

  • Composition: Each High Court has a Chief Justice and other judges as appointed by the President in consultation with the Chief Justice of the Supreme Court.

Qualification of High Court Judges

  • Must be a citizen of India.

  • Must have held a judicial office in India for 10 years or been an advocate for 10 years.

Term of Office for High Court Judges

  • Judges serve until 62 years of age.

  • Removed on similar grounds as Supreme Court judges.

Jurisdiction of High Court

  • Original, Appellate, and Reviewing Jurisdiction.

  • Power of Superintendence: Over subordinate courts, includes setting rules and fees.

Courts of Record

  • Supreme Court and High Courts maintain records of judgments which serve as precedents.

Judicial Review

  • Supreme Court and High Courts can review laws or executive orders for constitutionality, rendering them null and void if unconstitutional.

Writs

  • Courts can issue writs to enforce Fundamental Rights.

    • Habeas Corpus: Order to release unlawfully detained individuals.

    • Mandamus: Compels a court to perform its duties.

    • Prohibition: Prevents inferior courts from exceeding jurisdiction.

    • Certiorari: Reviews decisions made by lower courts.

    • Quo Warranto: Removes individuals unlawfully occupying a position.

Subordinate Courts

  • Below the Supreme Court and High Courts.

  • District Court handles civil matters; Sessions Court handles criminal cases.

Lok Adalats

  • People’s court aimed at settling disputes amicably.

  • Provides speedy and cost-effective justice and reduces High Court workload.

Recap

  1. Integrated judicial system with the Supreme Court at its head, followed by High Courts and Subordinate Courts.

  2. Supreme Court consists of the Chief Justice and 33 judges, appointed by the President, retiring at 65 years; subject to impeachment.

  3. Supreme Court enjoys original, appellate, advisory, and reviewing jurisdiction.

  4. High Courts have original and appellate jurisdiction, and oversee subordinate courts.

  5. Subordinate Courts are lower in rank; District Judge handles civil cases, and Sessions Judge handles criminal cases.

  6. Lok Adalats provide speedy resolutions and reduce High Court pressures.