Indian Judiciary Overview

Judiciary Overview

• The judiciary is the third branch of government, responsible for interpreting laws, punishing law violators, and protecting citizens' rights.
• Comprises three levels: Supreme Court, High Courts, and Subordinate Courts.

The Supreme Court

• Highest court in India, located in Delhi.
• Responsible for interpreting the Constitution and legislative laws.
• Judgements are binding on all lower courts.

Composition and Structure

• Consists of the Chief Justice and 30 other judges.
• Chief Justice is appointed by the President based on council advice.
• Other judges are appointed by the President with advice from both the Council of Ministers and the Chief Justice.

Qualifications for Supreme Court Judges

• Must be an Indian citizen with at least 5 years as a High Court judge or 10 years as a High Court advocate.
• Should be recognized as a distinguished jurist in the President's opinion.

Terms of Office

• Judges serve until 65 years of age.
• Their removal requires proven misbehavior and a two-thirds majority vote in both Houses of Parliament.

Powers and Functions

• Jurisdiction Types:

  • Original jurisdiction: Exclusive right to hear cases involving disputes between states or between states and the union government.
  • Appellate jurisdiction: Right to hear appeals from lower High Courts.
  • Advisory jurisdiction: Advising the President or interpreting laws prior to signing bills.

• Judicial Review: The power to interpret the Constitution and declare laws void if conflicting with the Constitution.

• Court of Record: Maintains permanent records of proceedings, sets legal precedents, and can punish for contempt.

Issuing of Writs

• The Supreme Court can issue writs to enforce rights:
  • Habeas Corpus: Protects individuals from illegal detention; court can order release.
  • Mandamus: Commands public officials to perform their duty when they fail to do so.

Final Authority

• The Supreme Court's decisions are final and uniform across India, with the exception of military law.

The High Court

• The highest court at the state level, led by a Chief Justice and other judges as deemed necessary by the President.
• Judges are appointed in consultation with the Chief Justice of the Supreme Court and the state governor.

Qualifications for High Court Judges

• Must have held a judicial office or been an advocate for at least 10 years.

Terms of Office

• High Court judges serve until 62 years of age and may resign or be removed by the President. They can also be transferred to different courts.

Functions of High Court

• Issues writs and orders to protect Fundamental Rights.
• Oversees subordinate courts, can demand their records, and ensure uniformity in constitutional interpretation.

Subordinate Courts

• Comprise District and Sessions Courts, Provincial Courts, and Nyaya Panchayats.
• District judges appointed by the Governor with High Court consultation.
• Handle civil (property, contract) and criminal (theft, murder) cases.
• Uniform structure and function across the country, supervised by the state High Courts.