JUDICIARY

 
 
 
1. Basic idea of Articles about Judiciary

The Indian Constitution contains several articles that pertain to the judiciary, establishing its structure, powers, and functions. Here is a basic overview of some key articles related to the judiciary in the Indian Constitution:

  1. Article 124: Establishment and Constitution of the Supreme Court

    • This article deals with the establishment of the Supreme Court of India, the highest judicial body in the country. It outlines the composition of the court, qualifications for judges, and appointment procedures.
  2. Article 125: Salaries and Allowances of Judges

    • This article discusses the salary and allowances of Supreme Court judges and ensures that they are not subject to changes during their tenure except in certain circumstances.
  3. Article 126: Appointment of Acting Chief Justice

    • It provides for the appointment of an Acting Chief Justice in case the office of the Chief Justice of India is vacant or the Chief Justice is unable to perform the duties of the office.
  4. Article 127: Appointment of ad hoc Judges in the Supreme Court

    • This article allows the Chief Justice of India to appoint retired judges or judges from High Courts to act as ad hoc judges in the Supreme Court to clear pending cases.
  5. Article 128: Attendance of retired judges at sittings of the Supreme Court

    • This article permits retired judges to attend sittings of the Supreme Court but does not allow them to take part in any proceedings unless they are appointed as an ad hoc judge.
  6. Article 129: Supreme Court to be a court of record

    • The Supreme Court is recognized as a court of record, meaning its judgments, proceedings, and acts are preserved for perpetual memory and can be used as evidence in legal matters.
  7. Article 130: Seat of the Supreme Court

    • This article specifies that the Supreme Court shall sit in Delhi or in such other places as the Chief Justice of India may, with the approval of the President, designate.
  8. Article 131: Original jurisdiction of the Supreme Court

    • It confers original jurisdiction upon the Supreme Court to adjudicate disputes between the Government of India and one or more states or between different states.
  9. Article 132: Appellate jurisdiction of the Supreme Court in constitutional matters

    • This article grants the Supreme Court the power to hear and decide appeals from High Courts in India in certain constitutional matters.
  10. Article 133: Appellate jurisdiction of the Supreme Court in civil matters

    • It provides for the appellate jurisdiction of the Supreme Court in civil cases, allowing individuals to appeal directly to the Supreme Court if the case involves substantial questions of law.
  11. Article 134: SupremeCourt: Writs

    • It gives the Supreme Court the power to issue certain writs, including habeas corpus, mandamus, quo warranto, certiorari, and prohibition.
  12. Article 136: Special leave to appeal by the Supreme Court

    • This article grants the Supreme Court discretionary power to grant special leave to appeal against any judgment, decree, determination, sentence, or order in any case or matter, whether passed or made by any court or tribunal in India.
  13. Article 137: Removal of Judges

    • It provides the procedure for the removal of judges of the Supreme Court by impeachment
2. Powers of Supreme Court (SC)
 
The Supreme Court of India, being the highest judicial authority in the country, is vested with significant powers to ensure the proper administration of justice and to safeguard the rights and liberties of citizens

Some of the key powers of the Supreme Court as enshrined in the Indian Constitution are as follows:

  1. Judicial Review: The Supreme Court has the power of judicial review, which allows it to examine the constitutionality of laws, executive orders, and government actions. It can declare any law or action that violates the Constitution as null and void.

  2. Original Jurisdiction: The Supreme Court has original jurisdiction in certain cases, which means it can hear disputes directly, without these cases being heard by any other lower court first. Article 131 of the Constitution confers original jurisdiction on the Supreme Court in matters involving disputes between the Government of India and one or more states or between different states.

  3. Appellate Jurisdiction: The Supreme Court serves as the highest appellate court in India. It hears appeals against the judgments of High Courts and other lower courts in both civil and criminal cases. Under Article 132 to 136, the Supreme Court exercises its appellate jurisdiction in various matters.

  4. Writ Jurisdiction: The Supreme Court can issue writs for the enforcement of fundamental rights guaranteed by the Constitution. These writs include Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto.

  5. Advisory Jurisdiction: The President of India can seek the opinion of the Supreme Court on any question of law or public importance under Article 143 of the Constitution. Although the advice given by the Court is not binding, it holds considerable significance.

  6. Contempt of Court: The Supreme Court has the power to punish for contempt of court, both civil and criminal contempt. Contempt of court refers to any action that disrespects or obstructs the functioning of the court, its orders, or its officers.

  7. Interpretation of the Constitution: The Supreme Court plays a crucial role in interpreting the provisions of the Constitution. Its interpretations serve as precedents for lower courts, shaping the development of constitutional law in the country.

  8. Appointment of Judges: While the President of India officially appoints judges, the Supreme Court plays a significant role in the appointment process. The Court's Collegium system recommends the appointment and transfer of judges in the higher judiciary.

  9. Protection of Fundamental Rights: The Supreme Court acts as a guardian of fundamental rights guaranteed by the Constitution. It ensures that these rights are not violated by the government or any other authority, and it can provide remedies to individuals whose rights have been infringed.

3. Powers of High Court (HC)
 

The High Courts in India are the highest judicial authorities at the state and union territory level. They possess several powers and functions that play a vital role in the administration of justice within their respective jurisdictions. Some of the key powers of High Courts are as follows:

  1. Appellate Jurisdiction: High Courts have the authority to hear appeals against the judgments and orders of subordinate courts within their territorial jurisdiction. They act as the highest appellate courts for cases arising from district courts and other lower courts in the state or union territory.

  2. Writ Jurisdiction: High Courts can issue writs to protect the fundamental rights of individuals enshrined in the Indian Constitution. The five types of writs - Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto - are utilized to ensure that the actions of government authorities are not arbitrary and that citizens' rights are safeguarded.

  3. Original Jurisdiction: High Courts possess original jurisdiction to hear certain types of cases directly without going through any lower courts. For example, cases involving disputes between the state and the central government, or disputes between states within the same country, can be directly filed in the High Court.

  4. Supervisory Jurisdiction: High Courts have the power of superintendence and control over the subordinate courts within their jurisdiction. They can issue directions, guidelines, and instructions to ensure proper functioning and discipline among the lower judiciary.

  5. Judicial Review: Like the Supreme Court, High Courts also possess the power of judicial review. They can examine the constitutionality and legality of laws, executive actions, and government policies to ensure they are in conformity with the provisions of the Constitution.

  6. Contempt of Court: High Courts can take action against individuals or entities for contempt of court, similar to the powers of the Supreme Court. Contempt proceedings can be civil or criminal in nature and aim to maintain the dignity and authority of the court.

  7. Settlement of Disputes: High Courts can mediate and resolve disputes between private individuals, organizations, or entities within their jurisdiction. This includes civil and commercial disputes that may arise between parties.

  8. Administrative Functions: High Courts play an important role in the administration of the judicial system within their respective states or union territories. They are responsible for appointing and transferring judges in subordinate courts, overseeing the functioning of these courts, and managing their budgets and administrative matters.

4. Qualification and Appointment
 
4.1.Supreme Court (SC)

Qualification and appointment of Supreme Court judges in India are governed by the Constitution of India. The process involves a careful selection and appointment procedure to ensure that competent and qualified individuals are appointed to the highest judicial office in the country. Here are the qualifications and the process of appointment:

Qualifications of a Supreme Court Judge:

  1. Citizenship: The candidate must be a citizen of India.

  2. Age: To be eligible for appointment as a judge of the Supreme Court, a candidate must be at least 50 years old. However, this age requirement is subject to any future legislation that may change it.

  3. Legal Experience: A candidate must have been a judge of a High Court for at least five years, or must have been an advocate practicing in a High Court for at least ten years, or must be a distinguished jurist in the opinion of the President of India.

Appointment Procedure: The appointment of Supreme Court judges in India follows a "collegium system," which has evolved through judicial interpretations over time. As of my last knowledge update in September 2021, the collegium system operates as follows:

  1. Recommendation by the Chief Justice of India: The Chief Justice of India (CJI) initiates the process of appointment by recommending suitable candidates to become judges of the Supreme Court.

  2. Collegium Deliberation: The CJI, along with a collegium of four senior-most judges of the Supreme Court, reviews the recommendations and suitability of the candidates. They may consider factors such as seniority, merit, integrity, and other relevant aspects.

  3. Government Consultation: After the collegium's deliberation, the names of the recommended candidates, along with the reasons for their selection, are sent to the government for consultation.

  4. Government's Approval: While the government is required to consider the collegium's recommendations, it can either accept the recommendations or return them for reconsideration. However, if the collegium reiterates its recommendation, the government is bound to accept it.

  5. President's Appointment: After the government's approval, the President of India formally appoints the selected candidates as judges of the Supreme Court

4.2. High Court (HC)

The qualification and appointment of High Court judges in India are regulated by the Constitution of India. High Courts are the highest judicial authorities in each state and some Union Territories, and the process of appointing judges to these courts is critical to ensuring the independence and competence of the judiciary. Here are the qualifications and the process of appointment:

Qualifications of a High Court Judge:

  1. Citizenship: The candidate must be a citizen of India.

  2. Age: To be eligible for appointment as a judge of a High Court, a candidate must be at least 35 years old. However, this age requirement is subject to any future legislation that may change it.

  3. Legal Experience: A candidate must have either served as a judge of a subordinate court in India for at least ten years, or must have been an advocate practicing in a High Court or two or more such courts in succession for at least ten years.

Appointment Procedure: The appointment of High Court judges in India follows a "collegium system," which is similar to the system followed for the appointment of Supreme Court judges. As of my last knowledge update in September 2021, the collegium system operates as follows:

  1. Recommendation by the Chief Justice of the High Court: The Chief Justice of the High Court initiates the process of appointment by recommending suitable candidates to become judges of the High Court.

  2. Collegium Deliberation: The Chief Justice of the High Court, along with a collegium of two or more senior-most judges of the High Court, reviews the recommendations and suitability of the candidates. They may consider factors such as seniority, merit, integrity, and other relevant aspects.

  3. Government Consultation: After the collegium's deliberation, the names of the recommended candidates, along with the reasons for their selection, are sent to the state government or the Union Territory administration for consultation.

  4. Central Government's Approval: In the case of appointments to High Courts in Union Territories, the names of the recommended candidates are forwarded to the Central Government for approval. In the case of appointments to High Courts in states, the state government's approval is sought.

  5. President's Appointment: After the government's approval, the President of India formally appoints the selected candidates as judges of the respective High Court.

5. Removal Procedure
 
5.1. Supreme Court (SC)

The removal procedure of Supreme Court judges in the Indian Constitution is carefully designed to safeguard judicial independence while also ensuring accountability. A judge of the Supreme Court can be removed only on specific grounds and through a well-defined process, as outlined in Article 124(4) of the Constitution. The removal procedure is as follows:

  1. Initiation of Removal Motion: A removal motion against a Supreme Court judge can be initiated in either house of Parliament - the Lok Sabha (House of the People) or the Rajya Sabha (Council of States). The motion can be introduced by a member of Parliament (MP), and it must be supported by at least 100 MPs in the Lok Sabha or 50 MPs in the Rajya Sabha.

  2. Investigation Committee: Once the removal motion is admitted, a three-member committee is formed to investigate the charges against the judge. This committee consists of the Chief Justice of India (CJI) or another judge of the Supreme Court, the Chief Justice of a High Court, and a distinguished jurist.

  3. Investigation and Report: The committee conducts an inquiry into the allegations made in the removal motion. The judge in question has the right to be heard and present their defense during the investigation.

  4. Adoption of Report: After completing the investigation, the committee submits its report to the Parliament.

  5. Parliamentary Approval: Both houses of Parliament consider the report and vote on the motion. The motion must be supported by a special majority in each house, i.e., it requires a majority of the total membership of that house and a majority of not less than two-thirds of the members present and voting.

  6. President's Assent: If the motion is passed with the required majority in both houses of Parliament, it is sent to the President of India for assent.

  7. Removal from Office: Once the President gives assent to the removal motion, the judge stands removed from the office of the Supreme Court

5.2. High Court (HC)

The removal procedure of High Court judges in the Indian Constitution is similar to that of Supreme Court judges and is governed by the Judges (Inquiry) Act, 1968. The process involves a thorough investigation and a stringent mechanism to ensure the independence and integrity of the judiciary. Here's the removal procedure for High Court judges:

  1. Initiation of Removal Motion: A removal motion against a High Court judge can be initiated in either house of Parliament - the Lok Sabha (House of the People) or the Rajya Sabha (Council of States). The motion must be signed by at least 100 MPs in the Lok Sabha or 50 MPs in the Rajya Sabha.

  2. Investigation Committee: Once the removal motion is presented, a committee is formed to investigate the charges against the judge. The committee consists of: a. The Chief Justice of India or a judge of the Supreme Court. b. The Chief Justice of a High Court. c. A distinguished jurist nominated by the President of India.

  3. Investigation and Report: The committee conducts an inquiry into the allegations made in the removal motion. The judge in question has the right to be heard and present their defense during the investigation.

  4. Adoption of Report: After completing the investigation, the committee submits its report to the Parliament.

  5. Parliamentary Approval: Both houses of Parliament consider the report and vote on the motion. The motion must be supported by a special majority in each house, i.e., it requires a majority of the total membership of that house and a majority of not less than two-thirds of the members present and voting.

  6. President's Assent: If the motion is passed with the required majority in both houses of Parliament, it is sent to the President of India for assent.

  7. Removal from Office: Once the President gives assent to the removal motion, the judge stands removed from the office of the High Court

 

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