The Indian Judiciary
Part III of the constitutional law series
The Indian Judicial System is one of the oldest legal systems in the world. The Indian legal system was majorly influenced by the local customs and religion.
In Indian polity, there is dual government at the state and union level but the judiciary is integrated and is rather in a hierarchy. It includes the Supreme Court of India, High Courts, District and Session Courts, and Lower Courts.
They form a strict hierarchy of importance, in line with the order of the courts in which they sit, with the Supreme Court of India at the top, followed by High Courts of respective states with district judges sitting in District Courts and Magistrates of Second Class & Civil Judge (Junior Division).
Courts hear criminal and civil cases, including disputes between individuals and the government.
The Constitution of India defines the powers of the Supreme Court & High Court as procedural laws like the Criminal Procedure Code & Civil Procedure Code define the powers of District & Session Courts and Lower Courts as well as appellate jurisdiction of higher courts.
We will discuss the powers of the Supreme Court & High Courts given in the constitution in the present article.
The Supreme Court
Articles 124 to 147 in Part IV of the Constitution deal with the organization, independence, jurisdiction, powers, and procedures of the Supreme Court.
The Jurisdiction of the Supreme Court of India can broadly be categorized into original jurisdiction, appellate jurisdiction, and advisory jurisdiction. However, there are other multiple powers of the Supreme Court.
Article 124 of the Constitution states the procedure of establishment and constitution of the Supreme Court.
Article 124 A to Article 124 C was incorporated under the 99th Amendment related to the National Judicial Appointment Commission (NJAC) that was struck down by the case of Advocates-on-Record Association and another Vs Union of India (AIR 2016 SC 117).
Salaries of judges, the appointment of acting Chief Justice, appointment of ad hoc judges, attendance of retired Judges at sittings of the Supreme Court, no. of seats in Supreme Court and Supreme Court as a court of record are given under Article 125 to Article 130.
The judges of the Supreme Court are appointed by Collegium presided by the President of India.
The Supreme Court has three major types of jurisdiction which include original jurisdiction, appellate jurisdiction, and advisory jurisdiction.
- Original Jurisdiction: According to Article 131, the Supreme Court has original jurisdiction in the matters between the Government of India & the state(s). In cases related to the violation of fundamental rights by the state, a writ petition can be filed.
- Appellate Jurisdiction: The Supreme Court has appellate jurisdiction from the High Court when the case involves a substantial question of law as to the interpretation of this Constitution (Article 132).
- Advisory Jurisdiction: The Supreme Court can advise the president when a question of law or fact has arisen, and the matter is of high public importance (Article 143). The law declared by the Supreme Court has to be followed by all other courts in the country (Article 141).
High Court
There are a total of twenty-five high courts in a total of twenty-eight states and eight Union Territories across the country for different states.
According to Articles 214 & 215 of the Indian Constitution, there shall be a high court for each state that shall be a court of record and have all the powers related to such court.
Every high must include Chief Justice and other Judges; the Judge of a High Court is appointed by President to fulfilling the eligibility to be a judge of the High Court (Article 216 and 217).
The constitution includes salaries of judges, restriction on judges to practice high court where they were a judge, transfer of a Judge from one High Court to another, the appointment of acting Chief Justice, and appointment of additional and acting Judges (Article 218 to 224).
There can be a common high court for one or more states (Article 231).
- Original Jurisdiction: Like Supreme Court, the high court has original jurisdiction in matters of enforcement of fundamental rights. Further, it has original jurisdiction in matters related to admiralty, will, marriage, divorce, company laws, and contempt of court. Just like the writ jurisdiction of the Supreme Court under Article 32 High have writ jurisdiction under Article 226.
- Appellate Jurisdiction: The High Court hears the appeals against the subordinate courts in both civil and criminal matters. The cases can be transferred to the high court from subordinate courts in case there is a question of law. The high court has the power of superintendence over all courts & tribunals within its territorial jurisdiction except military courts or tribunals. It also has the power to transfer the cases from other subordinate courts in the state to itself (Article 227).
Subordinate Judiciary
The District and Session Judges in Subordinate Judiciary are appointed by the governor of a state with the consultancy of the High Court.
A person who is not a judicial officer will be considered for appointment as a district judge within a minimum experience of 7 years as a lawyer (Article 233).
The appointment of the other judges in sub-ordinate will be done by the governor according to the rules of the State Public Service Commission. (Article 234).
These are some constitutional provisions dealing with the Judiciary
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