Indian Polity -“Judiciary of India”
Important Concepts based on Indian Polity- “Judiciary of India”
- 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.
- It has generally provided for a single integrated system of Courts to administer both union and state laws.
- At the apex of the entire Judicial System, exists the supreme court of India below which are the High courts in each state.
- The Judiciary is an integrated system, Furthermore the hierarchical level goes like – Supreme court> High Court > District Court> Lok Adalats Panchayati Raj Institutions
- The Supreme court is the Highest Court and is “ Guardian of the Constitution”. Also it is the Interpreter of the Constitution.
- The constitution of India provides for a unified Judiciary System and there is no division of powers in Judiciary between Centre and State.
- On the other Hand Constitution of other countries like USA provides Double System of Courts.
- On 28th January, 1950 The Supreme Court Came into Existence and also the parliament is authorised to regulate courts.
- Currently there are 23 Sitting Judges with maximum strength of 31 Judges in the Supreme court including 1 chief justice of India.
- Initially there was a Chief Justice of India followed by 7 other judges.
Qualifications of Judges-
- He should be citizen of India.
- He Should have at least 5 years of experience as a judge of High Court.
- Otherwise he should have 10 years of Experience as an Advocate in High Court.
- Except all these cases if a person is a distinguished Jurist i.e if he has exceptional law knowledge.
Removal of Supreme Court Judge
- A person is removed as a Supreme Court Judge on two grounds-
- If the person is proved with any kind of Misbehavior.
- If the person is having incapacity to act as a judge.
- Method of removal –
- The resolution of removal can be moved in either house and requires special majority for its passage.
- The final order is given by the president.
- Writ Jurisdiction ( article 32)- The provision of this jurisdiction is given in Fundamental rights ( Soul of Constitution).
- Original Jurisdiction- In this cases which are exclusively meant for supreme court
- Appellate Jurisdiction- This is the appeal given by Supreme Court on the Judgement of High Court.
- 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-
- The Senior most Judge of Supreme court is Appointed as the Chief Justice Of India (CJI).
- The Supreme Court Judge may resign to president.
- The Oath of the Office is administered by the President.
- Salary and other incentives are charged on Consolidated Fund of India (CFI) which is decided by the Parliament.
- A retired Judge of Supreme court shall not act as advocate in any court.