Indian Polity Judiciary of India

Feb 25 • Indian Polity, SSC Exam, SSC notes • 499 Views • No Comments on Indian Polity Judiciary of India

Indian Polity -“Judiciary of India”

Important Concepts based on Indian Polity- “Judiciary of India”

“Judiciary”

  1. One of the unique features of the Indian constitution is that, notwithstanding the adoption of a federal system and existence of central acts and State Acts in their respective spheres.
  2. It has generally provided for a single integrated system of Courts to administer both union and state laws.
  3. At the apex of the entire Judicial System, exists the supreme court of India below which are the High courts in each state.
  4. The Judiciary is an integrated system, Furthermore the hierarchical level goes like –  Supreme court> High Court > District Court> Lok Adalats Panchayati Raj Institutions
  5. The Supreme court is the Highest Court and is “ Guardian of the Constitution”. Also it is the Interpreter of the Constitution.
  6. The constitution of India provides for a unified Judiciary System and there is no division of powers in Judiciary between Centre and State.
  7. On the other Hand Constitution of other countries like USA provides Double System of Courts.
  8. On 28th January, 1950 The Supreme Court Came into Existence and also the parliament is authorised to regulate courts.
  9. Currently there are 23 Sitting Judges with maximum strength of 31 Judges in the Supreme court including 1 chief justice of India.
  10. Initially there was a Chief Justice of India followed by 7 other judges.

 

Qualifications of Judges-

  1. He should be citizen of India.
  2. He Should have at least 5 years of experience  as a judge of High Court.
  3. Otherwise he should have 10 years of Experience as an Advocate in High Court.
  4. Except all these cases if a person is a distinguished Jurist i.e if he has exceptional  law knowledge.

 

Article 124(4) 

Removal of Supreme Court Judge

  1. A person is removed as a Supreme Court Judge on two grounds-
    1. If the person is proved with any kind of Misbehavior.
    2. If the person is having incapacity to act as a judge.
  2. Method of removal –
    1. The resolution of removal can be moved in either house and requires special majority for its passage.
    2. The final order is given by the president.

Jurisdictions

  1. Writ Jurisdiction ( article 32)- The provision of this jurisdiction is given in Fundamental rights ( Soul of Constitution).
  2. Original Jurisdiction- In this cases which are exclusively meant for supreme court
  3. Appellate Jurisdiction- This is the appeal given by Supreme Court on the Judgement of High Court.
  4. Advisory Jurisdiction- In this Supreme Court may give advice to Government on the Matters referred to it on a presidential reference.

 

Miscellaneous Points on Supreme Court Judge-

  1. The Senior most Judge of Supreme court is Appointed as the Chief Justice Of India (CJI).
  2. The Supreme Court Judge may resign to president.
  3. The Oath of the Office is administered by the President.
  4. Salary and other incentives are charged on Consolidated Fund of India (CFI) which is decided by the Parliament.
  5. A retired Judge of Supreme court shall not act as advocate in any court.

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