CHAPTER - 14 SUPREME COURT & HIGH COURT

  1. The Supreme Court is a federal court; Its only seat is located at Delhi. Its bench can be established at other places also but so far it has not been established.
  2. The judges of the Supreme Court, High Court are appointed by the President after consultation with Chief Justice.
  3. A person shall have the following qualification to become eligible for the appointment as a Judge of the Supreme Court, if:
  • He has been a Judge of a High Court for not less than five years in succession; or
  • The has been an advocate of a High Court for not less than 10 years in succession; or
  • He is a distinguished Jurist in the opinion of the President
  1. The Judges of the Supreme Court retires from their office after attaining the age of 65 years
  2. The President can remove the Chief Justice and the other judges on the basis of impeachment motion passed in the Parliament.
  3. The judges of the Supreme Court after their retirement and during their term of office are not eligible to plead before any court/ authority within the territory of India.
  4. The Judges of the Supreme Court cannot be transferred nor can they be demoted in office
  5. The Supreme Court is not bound to abide by the Decisions of the High courts
  6. The salary and the allowances of the Judges of the Supreme Court are charged upon the Consolidated Fund of India
  7. The cases involving the interpretation of the Constitution are decided only by the Supreme Court.

JURISDICTION AND POWERS OF SUPREME COURT

  1. Original Jurisdiction
  2. Writ Jurisdiction
  3. Appellate Jurisdiction
  4. Advisory Jurisdiction
  5. A Court of Record
  6. Power of Judicial Review
  7. Other Powers.

Original Jurisdiction

As federal court, the Supreme Court decides the disputes between different units of the Indian Federation. More elaborately, any dispute between

a)The Centre and one or more states

b)The Centre and any state or states

c)Between two or more states.

Advisory Jurisdiction

The Constitution (Article 143) authorizes the president to seek the opinion

a)On any questions of law or fact public importance which has arisen or which is likely to arise.

b)On any dispute arising out of any pre constitution treaty, agreement, covenant, engagement, senad or other similar instruments.

In the first case, the Supreme Court may tender or may refuse to tender its opinion to the president. But, in the second case, the Supreme Court ‘must’ tender its opinion to the president.

Power of judicial review

a)To uphold the principle of the Supremacy of the Constitution.

b)To maintain federal equilibrium (balance between Centre and States)

c)To protect the fundamental rights of the citizens.

HIGH COURT

  1. There is a provision for a High Court in each State and each Union Territory but two or more States or two or more Union Territories or States and Union Territories, together, may establish a common High Court.
  2. The judges of the High Court are also appointed by the President
  3. A person shall not be eligible to become a Judge of a High Court unless such a person:

(i) has been a judicial officer for not less than 10 years within the

territory of India; or

(ii) has been an advocate for not less than 10 years in a High Court in India.

4.The judges of the High Court retire from their office after attaining the age of 62 years

  1. The judges and the Chief Justice of the High Courts are removed from the office by the President in the same manner as adopted in the case of the Supreme Court.
  2. The judges of the High Court cannot plead before any Court during the term of their office. retirement, they cannot plead before any Court below the High Court. That means they can plead only before other High Courts and Supreme Court
  3. The judges of the High Courts can be transferred from one High Court to the other High Court and may be promoted as the judges of the Supreme Court

8.The High Courts are bound to abide by the decisions of the Supreme Court

  1. The salary and other allowances of the Judges of the High Courts are charged upon the Consolidate Fund of the States
  2. The cases involving the interpretation of the Constitution are not decided by the High Courts.

STRUCTURE AND JURISDICTION

                                    High Court

 

District and Sessions Judge’s Court

(Civil side)                                                                (Criminal Side)

Subordinate                                                               Chief Judicial

Judge’s Court                                                                        Magistrate’s Court

Munsiff’s Court                                                        Judicial Magistrate’s                                                                                               Court

  • The district judge is the highest judicial authority in the district. He possesses original and appellate jurisdiction in both civil as well as criminal matters. In other words, the district judge is also the sessions judge. When he deals with civil cases, he is known as the district judge and when he hears the criminal cases, he is called as the sessions judge.
  • The sessions judge has the power to impose any sentence including life imprisonment and capital punishment. However a capital punishment passed by him is subject to confirmation by the High Court.
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