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The Indian Judiciary

India has obtained a single and integrated system of courts from Government of India Act, 1935

Separation of power: Government functions best when its powers do not rest in a single authority but
are distributed among the different organs.

SUPREME COURT

The Supreme Court is the apex court of India and the highest court of justice in India. The Supreme Court
was inaugurated on 28th January 1950. The Supreme Court is mentioned in the Part V of the Constitution
of India and Articles 124 to 147 deals with the Supreme Court of India.

The Supreme Court of India at present consists of 33 judges (1Chief Justice and 32 other judges); originally
the Supreme Court of India when started consists of total 8 judges including the Chief Justice.

The judges of the Supreme Court are appointed by the President of India. The Chief Justice of India is
appointed by the President after the consultation with the other judges of Supreme Court and the High
Court if the President of India thinks it is necessary. The other judges of the Supreme Court are appointed
by the President after the consultation of the Chief Justice of Supreme Court of India and it is obligatory for
the President to consult.

The CJI is appointed by the President but he should be the senior most judge of the Supreme Court as it was
ruled by the Supreme Court in the Supreme Court Advocates on Record Association vs the Union of India
in the year 1993.
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Qualification

In order to become the judge of the Supreme Court, the person should posses following qualification:

1. He should be citizen of India.

2. He/she must have been a Judge of a High Court or of two or more such courts in succession for at
least 5yrs.
3. Or an Advocate of a High Court/two or more such Courts in succession for at least 10 years.
4. Or He/She must be a distinguished jurist, in the opinion of the President.

The judges of the Supreme Court take OATH in the presence of the President of India. The judges of the
Supreme Court hold the office up to the age of 65 years.

The judges of the Supreme Court get 50% of the last drawn salary as the pension.

The judges of the Supreme Court cannot practice in any court of law after the retirement.

Removal of a Supreme Court Judge:

Article 124(4): Removal of a Supreme Court Judge.

The President will pass the order of removal in the same session in which the Parliament passed the
resolution.

The judges of the Supreme Court are removed by the President upon getting an address by both Lok Sabha
and Rajya Sabha supported by a majority of more than or equal to 2/3rd of members present and voting &
a majority of total strength of the House on the ground of misbehavior or incapacity.

The Parliament passed Judges Inquiry Act 1968 which states that a resolution seeking the removal of a
judge of Supreme Court can be introduced in either House of Parliament.
• It must be supported by more than or equal to 100 members of Lok Sabha.
• If it is to be introduced in Rajya Sabha it should be supported by no less than 50 members of Rajya
Sabha.
• Once the resolution is initiated in either house of the parliament, the presiding officer of that House shall
appoint a three-member Judicial Committee to investigate into charges and provide substantial proof
of misbehaviour/incapacity.
• The judicial committee shall be headed by a serving judge of the Supreme Court. Second member can
be a serving judge of the High Court and the third member can be an eminent jurist.
• If the committee finds the judge to be guilty of misbehaviour or suffering from an incapacity, the House
can take up the consideration of the motion.
• After the motion is passed by each House of Parliament by special majority, an address is presented to
the President for removal of the judge.
• Eventually, the President passes an order removing the judge.
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Independence of Supreme Court

The constitution of India ensured the independence of Supreme Court of India by providing:

1. Independence in mode of appointment

2. Security of the tenure of the office
3. The conduct of the judges of the Supreme Court cannot be discussed in the parliament or the state
legislature
4. They cannot practice after retirement
5. The Supreme Court has the power to punish for its contempt.
6. The Supreme Court has the power to appoint its own staff.
7. Expenditures are charged on the CFI (Consolidated fund of
India).

Jurisdiction of the Supreme Court

The jurisdictions of the Supreme Court can be classified into

1. Original Jurisdiction
2. Writ Jurisdiction
3. Appellate Jurisdiction
4. Advisory Jurisdiction
5. Revisory Jurisdiction
6. Court of Record
7. Power of Judicial review
8. Other powers

Original Jurisdiction
Supreme Court’s exclusive original jurisdiction extends to:
• Any dispute between the Government of India and one or more States,
• Between the Government of India and any State or States on one side and one or more States on
the other,
• Between two or more States;
if and insofar as the dispute involves any question (whether of law or of fact) on which the
existence or extent of a legal right depends.

In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in
regard to enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to
enforce them.
The Supreme Court has been conferred with power to direct transfer of any civil or criminal case from
one State High Court to another State High Court or from a Court subordinate to another State High Court.
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Under the Arbitration and Conciliation Act, 1996, International Commercial Arbitration can also be
initiated in the Supreme Court.

Appellate Jurisdiction
The apex, i.e. Supreme Court is also a court of appeal and hears appeals against the judgements of the
lower courts. It enjoys a wide appellate jurisdiction which can be classified under four heads:
(a) Appeals in constitutional matters.
(b) Appeals in civil matters.
(c) Appeals in criminal matters.
(d) Appeals by special leave.
(d) Appeals by special leave.

Advisory jurisdiction

Under Article 143, Supreme Court has special advisory jurisdiction in matters which may specifically be
referred to it by the President of India.

Revisory Jurisdiction

Under Article 137 of Constitution of India the Supreme Court of India has the power to review the judgment
which it has made earlier in order to remove the error or mistake which might have come while making
the judgment.

Court of Record

Article 129 of the Constitution of India declares Supreme Court to be a court of record. As a
Court of record, it has two powers:
1) The judgment, proceedings, and act of supreme court are recorded for permanent memory
and testimony and these records can be produced before any court because they have
evidentiary value and they cannot be questioned.
2) It has the power to punish for its contempt (insult) either with simple imprisonment for 6
months term or with fine.

Power of Judicial Review

The Supreme Court has the power to examine the constitutionality of the legislative amendments and the
executive orders of the both central and the state government. If the Supreme Court during the examination
found that they have violated the Constitution of India the Supreme Court of India has the power to declare
it illegal, unconstitutional and invalid.
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Others

The Supreme Court of India looks over all the disputes of the election of the President and the Vice
President.

The Supreme Court of India gives the recommendation to the President of India in case of the removal of
the UPSC members.

The laws made by the Supreme Court are binding on all the courts of India.

HIGH COURT

The High Courts are mentioned in the part VI of the Constitution and the articles 214 to 231
deals with the High Courts. The High Court is the highest court of justice in the state it
functions below the Supreme Court and above the Subordinate Courts.

Constitution of India says that all the state will have the High Court but by the 7th Amendment Act 1956,
there can be a common High Court for two or more States or Union Territories.

At present there are total 25 High Courts in India. Delhi is the only Union Territory which is having its own
High Court since 1966.

Calcutta High Court is the first High Court of India started in the year 1862 followed by the Bombay ans the
Madras High Court.

Unlike the Supreme Court, the numbers of judges in the High Court are not fixed.

The Chief Justice and the other judges of the High Court are appointed by the President of India. The High
Court’s Chief Justice is appointed by the President after the consultation with the CJI and the Governor of
the concerned state. In case of the appointment of the other judges the chief justice of the concerned high
court is consulted in addition to the Chief Justice of India and the Governor of the state concerned.

High Court’s Judges can be transferred from one High Court to the other by the President of India without
his consent after consultation with the Chief Justice of India and the opinion given by the Chief Justice is
binding
on the President of India.

Qualification

In order to become the judge of the High Court the person should posses following qualification

1. He should be the citizen of India.

2. He should have held the judicial office in the territory of India for 10 years or should have been the
advocate of the High Court (or high courts in succession) for 10 years.
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Oath, Term and Salary

The judges of the High Court take Oath in the presence of the Governor of the concerned state or any other
person appointed by the Governor.
The Judges of the High Court holds the office up to the age of 62 years.

The Chief Justice gets the monthly salary of Rs 2,50,000/-pm and other judges get the monthly salary of Rs
2,25,000/-pm and 50% is the pension after the retirement.

The judges of the High Court after the retirement cannot practice in the same High Court but he can practice
in the Supreme Court and the other High Courts where he was never appointed.

The judges of the High Court before the expiry of their term can resign by writing to the President of India.
The High Court Judges can be removed by the President on the recommendation of the Parliament of India.

Removal of the judges of High Court

Article 217(1) of the Indian Constitution provides for the removal of a judge of the High Court.

The President will pass the order of removal in the same session in which the Parliament passed the
resolution.

The judges of the High Court are removed by the President upon an address by both the Houses of the
Parliament supported by a majority of more than or equal to 2/3rd of members present and voting and a
majority of total strength of the House on the ground of misbehavior or incapacity.

In order to remove the judge of High Court a resolution should be introduced in either House of Parliament:

1. A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of
Rajya Sabha) is to be given to the Speaker/Chairman.
2. The Speaker/Chairman may admit the motion or refuse to admit it.
3. Once admitted, then the Speaker/Chairman is to constitute a 3-member committee to investigate into
the charges.
4. The committee should consist of (a) the chief justice or a judge of the Supreme Court, (b) a chief justice
of a high court, and (c) a distinguished jurist.
5. If the committee finds the judge to be guilty of misbehaviour or suffering from an incapacity, the House
can take up the consideration of the motion.
6. After the motion is passed by each House of Parliament by special majority, an address is presented to
the President for removal of the judge.
7. Eventually, the President passes an order removing the judge.
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Jurisdiction of the High Court

The jurisdictions of the High Court can be classified into
1. Original Jurisdiction
2. Writ Jurisdiction
3. Appellate Jurisdiction
4. Supervisory Jurisdiction
5. Control over Subordinate Courts
6. Power of Judicial Review

Original Jurisdiction

The High Court has the power to hear the disputes of will, marriage, divorce, company laws, contempt of
court, election of the Member of Parliament and state legislature, revenue collection etc.

Writ Jurisdiction

Like the Supreme Court the High Court also has the power to issue the writs under Article 226 of Indian
Constitution. The only difference is that the Supreme Court issues the writs only in order to enforce the
fundamental rights, but the High Court can issue the writs for other purpose also.

Appellate Jurisdiction

The High Court is basically the court of appeal as it hears the appeal on the judgments made by the
subordinate courts in the state. The High Court has the power of appellate jurisdiction in the both the civil
and the criminal cases.

Supervisory Jurisdiction

The High Court has the duty to supervise all the courts and the tribunals in the state within the territorial
jurisdiction.

Control of Subordinate Courts

The High Court has the power to control the subordinate courts functioning in the state and makes the rules
and the regulations for the subordinate courts. The laws made by the High Court are binding on all the
subordinate courts in the state.

Power of Judicial Review

The High Court has the power to examine the constitutionality of the legislative amendments and the
executive orders of the both central and the state government. If the Supreme Court during the examination
found that they have violated the Constitution of India the Supreme Court of India has the power to declare
it illegal, unconstitutional and invalid.
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List of High Courts in India

Year Name Territorial Jurisdiction Bench

Maharashtra
Dadra & Nagar Haveli
1862 Bombay
Goa
Daman Diu

West Bengal
1862 Kolkata Kolkata (Bench of Port Blair)
Andaman & Nicobar Islands

Tamil Nadu
1862 Madras Chennai
Pondicherry

1866 Allahabad Uttar Pradesh Allahabad (Bench at Lucknow)

1884 Karnataka Karnataka Bangalore

1916 Patna Bihar Patna

Jammu &
1928 Jammu & Kashmir Srinagar
Kashmir

Assam
Nagaland
1948 Guwahati Guwahati
Mizoram
Arunachal Pradesh

1949 Odisha Odisha Cuttack

1949 Rajasthan Rajasthan Jodhpur

Jabalpur (Bench-Gwalior and

1956 Madhya Pradesh Madhya Pradesh
Indore)

1958 Kerala Kerala & Lakshadweep Ernakulam

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1960 Gujarat Gujarat Ahmedabad

1966 Delhi Delhi Delhi

Himachal
1971 Shimla Shimla
Pradesh

Punjab & Punjab, Haryana and

1975 Chandigarh
Haryana Chandigarh

1975 Sikkim Sikkim Gangtok

2000 Chhattisgarh Chhattisgarh Bilaspur

2000 Uttarakhand Uttarakhand Nainital

2000 Jharkhand Jharkhand Ranchi

2013 Tripura Tripura Agartala

2013 Manipur Manipur Imphal

2013 Meghalaya Meghalaya Shillong

2019 Telangana Telangana Hyderabad

2019 Andhra Pradesh Andhra Pradesh Amravati

SUBORDINATE COURT

The Subordinate Courts are mentioned in the part VI of the Constitution of India and the Articles 233 to
237 deals with it. The Subordinate Courts works under the High Courts at district and the lower level.

There are two types of law courts in every district i.e. Civil and the Criminal Court. The highest civil court
in the district is the court of the District Judge which decides the civil and the criminal cases, when the judge
decides the civil cases he is known as the District Judge and when he decides the criminal cases he is known
as the Session Judge.
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The District Judge is appointed by the Governor of the State after the consultation with the High Court’s
Chief Justice of the respective state.

The Civil court consists of the District Judge under him there are two other courts known as Subordinate
Judge Court and Munsiff Judge Court.

The Criminal Court consists of the Session’s judge under him there are two other courts known as Chief
Judicial Magistrate Court and Judicial Magistrate Court.

In the big metropolitan cities, the civil judges are known as Chief Judges and criminal judges are known as
Metropolitan Magistrates.

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