Judiciary

System of India

POLITY

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Judiciary System of India

 The Indian constitution has established an integrated judicial system with the
Supreme Court at the top and high Courts below it.

 Under the high Court there come the subordinate Courts, i.e. district Courts and
other lower Courts.

Supreme Court
 The Supreme Court of India was inaugurated on 28 January, 1950.

 Article 124 to 147 of Part V of the Indian constitution deals with the Supreme Court.

Organization
 At present Supreme Court consists of 33 judges and one chief justice.
 Originally there were only 8 judges in the Supreme Court.

Appointment of Judges
 The chief justice of India is appointed by the president after consultation with other
judges of the Supreme Court.
 The other judges of the Supreme Court are appointed by the President of India after
consulting the chief justice of India.

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Qualification of Judges
1. He should be an Indian citizen.

2. he/she has been a judge of one or more High Courts, for at least 5 years, or

3. he/she has been an advocate in one or more High Courts for at least 10 years, or

4. He/she is in the opinion of the President, a distinguished jurist.

Oath and Salary

 The judges of the Supreme Court make the oath and affirmation before the
President of India, or some person appointed by him.

 The salaries, allowances, leave etc. are decided by the Parliament from time to time

 The retired chief justice and judges are entitled to 50% of their last drawn salary as
monthly pension.

Tenure
 The constitution has no fix tenure for the judges of Supreme Court but there are
some provisions in this matter and these are:

 He/she holds office until the age of 65 years.

 He/she can resign from the office by writing to the President.

 He/she can be removed by the President on the recommendation of the

parliament.

Removal of Judges
 A judge can be removed from his office by the President of India.
 The President issues order only if the address has been made by the parliament
regarding this.
 The address must be supported by special majority in each house.

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 The ground of removal can be proved misbehavior or incapacity.

 The removal motion must be signed by at least 100 members of lok sabha and 50
members of rajya sabha.

 The speaker can admit and refuse the motion.

 If the motion is accepted, the speaker constitutes a three-member body to

investigate the matter.

 The committee consist of one chief justice of Supreme Court, one chief justice of a
high Court and a prominent jurist.

 After the motion is passed by the committee and by both houses of the Parliament,
the motion is then presented before the President.

 Finally the president passes the order of removing of the judge.

Acting Chief Justice

 The president appoints an acting chief justice of the Supreme Court if the CJI is
temporary absent.

 The office of Chief justice is vacant.

 The chief justice is unable to perform his/her duties.

Ad-hoc Judges
 When there is lack of Quorum in the Supreme Court to hold any session, the Chief
justice can appoint judges of High Court as a temporary judge or ad-hoc judge of the
Supreme Court.

 The judge so appointed should be qualified to be appointed as a judge of the

Supreme Court.

 While a judge of the high Court acts as the ad-hoc judge of the Supreme Court, eh
enjoys all the privileges and powers.

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Retired Judges
 The CJI can request the retired judges of the Supreme Court or a retired judge of the
High Court to act as a judge for a temporary period.

 In order to do this he/she needs the consent of the president and the also of the
person appointed.

Independence of Supreme Court

Security of Tenure
 The judges of the SC are given security of tenure.

 Once appointed, they retain their office until the age of 65 years.

 They can be removed only by a presidential order on grounds of proven misbehavior

and/or incapacity.

Salaries and Allowances

 The judges of the SC enjoy good salaries and allowances and these cannot be
decreased except in the case of a financial emergency.

 The expenses of the SC are charged on the Consolidated Fund of India.

Powers and Jurisdiction

 The SC’s powers and jurisdiction can only be added by the Parliament and not be
curtailed.

 The conduct of any judge of the Supreme Court in the discharge of his/her duties
cannot be questioned in the legislature.

 The SC has the power to punish any person for its contempt, as per Article 129.

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Separation of the Judiciary from the Executive

 The constitution directs the state to take steps to separate the judiciary from the
executive.

No practice after the Retirement

 The judges are the Supreme Court cannot act in any Court or authority in the Indian
Territory.

Powers & jurisdiction of Supreme Court

Original Jurisdiction
1. Dispute between the Central Government and one or more States.

2. Dispute between the central Government and one or more States on one side and
one or more States on the other side.

3. Dispute between two or more States.

Writ Jurisdiction
 Matters regarding the enforcement of Fundamental Rights.

 The SC can issue writs, directions, or orders including writs in the nature of
mandamus, habeas corpus, quo warranto, prohibition and certiorari.

Appellate Jurisdiction
 Supreme Court is the highest Court of Appeal in India.

 The SC also has the power to direct the transfer of a criminal or civil case from the
High Court in one State to the High Court in another State.

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 It can also transfer cases from one subordinate Court to another State High Court

 If the SC deems that cases involving the same questions of law are pending before
it and one or more High Courts, and that these are significant questions of law, it can
withdraw the cases before the High Court or Courts and dispose of all these cases
itself.

 The Arbitration and Conciliation Act, 1996 gives the SC the authority to initiate
international commercial arbitration.

Advisory Jurisdiction
 Article 143 of the Indian constitution authorizes the President to seek the opinion of
the Supreme Court in these two categories:

1. On any law or fact of public importance.

2. On the dispute arising out of any treaty or agreement that was signed before
the enactment of the constitution.

 In the first instance the Supreme Court may or may not give its opinion. But in the
second instance the Supreme Court must tender its opinion to the president.

 The opinion given by the Supreme Court are not binding to the President.

Judicial Review
 The Supreme Court can check the legality of the constitutional amendments.

 If the amendments are found to be violating the basic structure of the constitution or
infringe the fundamental rights of the citizens then the SC can declare this kind of
amendments as null and void.

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Other powers of SC
 SC decides on the matter related to the election of President and Vice-president.

 It also enquires the conduct and behavior of the Chairman of UPSC.

 SC can re-review its own judgment or order.

 The law made by Supreme Court is binding on all Court in India. All authorities shall
act in aid of the SC.

 SC has the power to superintendence over all Courts and tribunals in the country.

Important Articles Related to SC

Article Subject
Art 124 Establishment and constitution of SC
Art 129 Supreme Court to be a Court of record
Art 131 Original jurisdiction of the Supreme Court

Art 137 Review of Judgments of the SC

Art 143 Power of President to consult the SC

High Court
 The high Court work below the SC but above the Subordinate Courts.

 The high Court is the highest judicial body in the state.

 Article 214 talks about the high Court in a state, and article 231 talks about the
common high Courts for more than two or more states.

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Organization
 The high Court consists of a chief justice and other judges.

 The constitution does not specifies about the number of judges.

Judges
Appointment
 The judges are appointed by the President of India.

 The Chief justice is appointed by the President after consultation with the CJI and
the governor of the concerned state.

Qualification
 He/she should be an Indian citizen.

 He/she should have taken judicial office in Indian Territory for ten years.

 He/she should have been an advocate of a high Court for ten years.

 The constitution does not specifies the minimum age for the appointment as a judge.

Oath, Tenure, and Salary

 The judges of the HC take oath before the governor of the state.

 The constitution has not fixed the term of a HC judge, but he/she holds office until
the age of 62 years.

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 The HC judge can resign from his office by writing to the President of India.

 He/she can be removed from the office by the President on the recommendation of
the Parliament.

 The judge of HC vacant his office if he appointed as a SC judge.

 The salaries, allowances, leave etc. of the HC judges are decided by the Parliament
from time to time.

 The retired chief justice and judges of the HC are entitled to 50% of their last drawn
salary as monthly pension.

Removal of Judges
 The judges of the HC are removed by the president in the same manner as the
removal of SC judges.

Transfer of Judges
 The president can transfer a judge from one HC to other HC after consulting the
chief justice, the collegium of four senior most judges of the Supreme Court, the
chief justice of two high Courts (One from which the judge is transferred and the
other receiving him).

Independence of High Courts

Security of Tenure
1. The judges of the HC are given security of tenure.

2. Once appointed, they retain their office until the age of 62 years.

3. They can be removed only by a presidential order on grounds of proven misbehavior

and/or incapacity.

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Salaries and Allowances

 The judges of the HC enjoy good salaries and allowances and these cannot be
decreased except in the case of a financial emergency.

 The expenses of the High Court are charged on the Consolidated Fund of the State,
which is not subject to vote in the state legislature.

Note: The salary of HC judges charged from the consolidated fund of state but
the pension is charged from the consolidated fund of India.

Powers and Jurisdiction

 The HC’s powers and jurisdiction can only be added by the Parliament and not be
curtailed.

 The conduct of any judge of the High Court in the discharge of his/her duties cannot
be questioned in the legislature.

Separation of the Judiciary from the Executive

 The constitution directs the state to take steps to separate the judiciary from the
executive.

 No practice after the retirement:

 The judges of the HC cannot act in any Court or authority in the Indian Territory
except in the SC.

Jurisdiction
Original Jurisdiction
 Matter of will, marriage, divorce and contempt of Court.

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 Disputes relating to the elections of members of parliament and state legislature.

 Enforcement of Fundamental rights.

Writ Jurisdiction
 Article 226 of the Indian constitution empowers the HC to issue writs of Habeas
corpus, Certiorari, prohibition and quo-warranto.

 The SC can issue writs only in the case of violation of FR but HC can issue the writs
to any person, authority and government not just in its jurisdiction but also out of its
jurisdiction.

 So we can say that the writ jurisdiction of the HC is greater than SC.

Appellate Jurisdiction
 The HC hears appeals against the judgments of subordinate Courts working in its
jurisdiction.

 HC has appellate jurisdiction in criminal and civil matters.

Note: The death sentence awarded by a session Court or an additional session

Court should be confirmed by the high Court before it can be executed.

Supervisory Jurisdiction
 A HC has superintendence over all the Courts and tribunals functioning in its
territorial jurisdiction.

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Power of Judicial Review

 The High Court can check the constitutionality of legislative enactments.

 If the enactments are found to be violating the basic structure of the constitution or
infringe the fundamental rights of the citizens then the HC can declare this kind of
enactments as null and void.

Common High Courts

 Bombay High Court- Jurisdiction over Maharashtra, Dadar and Nagar Haveli,
Daman, Diu, and Goa.

 Kolkata High Court- Jurisdiction over West Bengal and Andaman & Nicobar
Islands.

 Madras High Court- Jurisdiction over Tamil Nadu and Pondicherry.

 Guwahati High Court- Jurisdiction over Assam, Nagaland, Mizoram, and Arunachal
Pradesh.

 Kerala High Court- Jurisdiction over Kerala and Lakshadweep Islands.

 Punjab & Haryana High Court- Jurisdiction over Punjab, Haryana, and

Important Articles Related to High Court

Article Subject
Art 214 High Courts for states.
Art 222 Transfer of Judge from one High Court to another.
Art 226 Power of high Courts to issue writs.
Art 227 Power of superintendence over all Courts by the high Court.
Art 231 Establishment of a common high Court for two or more states.

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Subordinate Courts
 The subordinate Courts provide subordination to the HC.

How the Judges of a District Court are Appointed?

 Appointment, posting, promotion of the judges of the Subordinate Court judges is
done by the governor.

 A person to be appointed as district judge should have the following qualification:

 He should be in service of state or central government.

 He should have been an advocate for a period of 7 years.

 He should be recommended by the HC for the appointment.

Structure and Jurisdiction

 The organizational structure of the subordinate Courts is laid down by the states, so
they differ from one state to another.

 The district judge is the highest judicial authority in the district.

 When a district judge deals with civil cases, he is known as district judge and when
he deals with criminal cases, he is called session judge.

High Court

District and Session Court

(Civil Side) (Criminal side)

Subordinate Judge’s Court Chief Judicial Magistrate’s Court

Massif’s Court Judicial Magistrate’s Court

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National Legal Service Authority

 Article 39A of the constitution provides for free legal aid to the poor and weaker
sections of the society.

 NALSA was constituted under the legal services authority act 1987, to evaluate the
implementation of legal aid programs.

 Persons who are eligible for free legal aid:

1. Women and children

2. Members of SC/ST

3. Industrial workmen

4. Victims of mass disaster, violence etc.

5. Disabled persons

6. Person in custody

7. Victims of human trafficking

8. Persons whose annual income is less than 1 lakh.

Lok Adalats
 It is a forum where the cases which are pending in a Court are settled.

 This system is based on the Gandhian principles.

 First Lok-adalat camp in the post-independence era was organized in Gujrat in

1982.

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Family Courts
 The family Courts Act 1984, was enacted to provide speedy settlement in the
disputes related to family and marriage.

Gram Nyayalayas
 The gram Nyayalaya act 2008, was enacted to provide justice to the citizens at their
doorsteps and to ensure that justice is not denied to anyone due to social or
economic issues.

 The presiding officer at the gram nyayalaya is appointed by the state government in
consultation with the Supreme Court.

Judicial System
Allahabad High Court
Date of Establishment 11 June 1866

Act of Establishment Indian High Courts Act 1861

Jurisdiction Uttar Pradesh

Principal seat Allahabad

Bench Lucknow

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Bombay High Court

Date of Establishment 14 August 1862

Act of Establishment Indian High Courts Act 1861

Goa, Dadra and Nagar Haveli,

Jurisdiction
Daman and Diu, Maharashtra

Principal seat Mumbai

Bench Aurangabad, Nagpur, Panaji

Calcutta High Court

Date of Establishment 2 July 1862

Act of Establishment Indian High Courts Act 1861

Andaman and Nicobar Islands,

Jurisdiction
West Bengal

Principal seat Kolkata

Bench Port Blair

Chhattisgarh High Court

Date of Establishment 1 November 2000

Madhya Pradesh
Act of Establishment
Reorganisation Act, 2000

Jurisdiction Chhattisgarh

Principal seat Bilaspur

Bench -

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Delhi High Court

Date of Establishment 31 October 1966

Act of Establishment Delhi High Court Act, 1966

Jurisdiction National Capital Territory of Delhi

Principal seat New Delhi

Bench -

Guwahati High Court

Date of Establishment 1 March 1948

Act of Establishment Government of India Act, 1935

Arunachal Pradesh, Assam,

Jurisdiction
Mizoram, Nagaland

Principal seat Guwahati

Bench Aizwal, Itanagar, Kohima

Gujarat High Court

Date of Establishment 1 May 1960

Act of Establishment Bombay Reorganisation Act, 1960

Jurisdiction Gujarat

Principal seat Ahmedabad

Bench -

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High Court of Judicature at Hyderabad

Date of Establishment 5 July 1954

Act of Establishment Andhra State Act, 1953

Jurisdiction Andhra Pradesh, Telangana

Principal seat Hyderabad

Bench -

Himachal Pradesh High Court

Date of Establishment 1971

Act of Establishment State of Himachal Pradesh Act, 1970

Jurisdiction Himachal Pradesh

Principal seat Shimla

Bench -

Jammu and Kashmir High Court

Date of Establishment 28 August 1928

Letters Patent issued by

Act of Establishment
then Maharaja of Kashmir

Jurisdiction Jammu and Kashmir

Principal seat Srinagar/Jammu

Bench -

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Jharkhand High Court

Date of Establishment 15 November 2000

Act of Establishment Bihar Reorganisation Act, 2000

Jurisdiction Jharkhand

Principal seat Ranchi

Bench -

Karnataka High Court

Date of Establishment 1884

Act of Establishment Mysore High Court Act, 1884

Jurisdiction Karnataka

Principal seat Bangalore

Bench Dharwad, Gulbarga

Kerala High Court

Date of Establishment 1956

Act of Establishment States Reorganisation Act, 1956

Jurisdiction Kerala, Lakshadweep

Principal seat Ernakulum

Bench -

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Madhya Pradesh High Court

Date of Establishment 2 January 1936

Act of Establishment Government of India Act, 1935

Jurisdiction Madhya Pradesh

Principal seat Jabalpur

Bench Gwalior, Indore

Madras High Court

Date of Establishment 15 August 1862

Act of Establishment Indian High Courts Act 1861

Jurisdiction Pondicherry, Tamil Nadu

Principal seat Chennai

Bench Madurai

Odisha High Court

Date of Establishment 3 April 1948

Act of Establishment Orissa High Court Ordinance, 1948

Jurisdiction Odisha

Principal seat Cuttack

Bench -

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Patna High Court

Date of Establishment 2 September 1916

Act of Establishment Letters Patent issued by the Crown

Jurisdiction Bihar

Principal seat Patna

Bench -

Punjab and Haryana High Court

Date of Establishment 15 August 1947

Act of Establishment Punjab High Court Ordinance, 1947

Jurisdiction Chandigarh, Haryana, Punjab

Principal seat Chandigarh

Bench -

Rajasthan High Court

Date of Establishment 21 June 1949

Act of Establishment Rajasthan High Court Ordinance, 1949

Jurisdiction Rajasthan

Principal seat Jodhpur

Bench Jaipur

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Sikkim High Court

Date of Establishment 16 May 1975

The 36th Amendment to the Indian

Act of Establishment
Constitution

Jurisdiction Sikkim

Principal seat Gangtok

Bench -

Uttarakhand High Court

Date of Establishment 9 November 2000

Act of Establishment Uttar Pradesh Reorganisation Act, 2000

Jurisdiction Uttarakhand

Principal seat Nainital

Bench -

High Courts Recently Established

Manipur High Court
Date of Establishment 25 March 2013

North-Eastern Areas (Reorganisation) and

Act of Establishment
Other Related Laws (Amendment) Act, 2012

Jurisdiction Manipur

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Principal seat Imphal

Bench -

Meghalaya High Court

Date of Establishment 23 March 2013

North-Eastern Areas (Reorganisation) and

Act of Establishment
Other Related Laws (Amendment) Act, 2012

Jurisdiction Meghalaya

Principal seat Shillong

Bench -

Tripura High Court

Date of Establishment 26 March 2013

North-Eastern Areas (Reorganisation) and

Act of Establishment
Other Related Laws (Amendment) Act, 2012

Jurisdiction Tripura

Principal seat Agartala

Bench -

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