The Judiciary:
Our Judiciary is separate from our Executive. This principle is called the separation of the executive from the Judiciary. This means that as far as possible the same official should not have both executive and judicial functions. India has a single unified judicial system. This means that all other courts act under Supreme Court.
Different Courts of the Country:-
1. The Supreme Court:- The Supreme Court is in New Delhi. It is made up of a Chief Justice of India and 25 other judges. The Judges of Supreme Court hold office until the age of 65. In making the appointment of the Chief Justice the President Can consult other judges of the Supreme Court but in case of the appointment of other judges, the Chief Justice is always consulted.
(i) Qualifications of the Chief Justice and Other Judges:- Indian citizen who has served as an advocate in a High Court for at least 10 years or a judge of a High Court for 5 years or a distinguished jurist in the opinion of the President.
(ii) Removal of the Judges:- The judges of the Supreme Court and the High Courts can be removed before time only by a special procedure called (Impeachment). They can be removed on the ground of proven misbehavior or incapacity. The Parliament (both houses) should pass the resolution by a two-third majority of the members present and voting, and this number again, should not be less than a majority of the total membership of the house. Then President can by an order remove the Judge. The Judge facing the impeachment is provided the chance to put his side into his defence.
(iii) Salaries:- The salary of the Chief Justice of India is Rs. 100,000 and of other judges is Rs 90,000.
Jurisdiction of Supreme Court:-
(1) Original Jurisdiction:- The cases that can come only before the Supreme Court are called the matters of original jurisdiction. These are cases in which (i) the dispute is between the Government of India and one or more states, (ii) between the Government of India and one or more states on the one side and one or more states on the other, and (iii) between two or more states, These types of cases cannot be heared by any other court (If a citizen feels that his fundamental rights have^been taken away, he can go straight to the Supreme Court.)
(2) Appellate Jurisdiction:- Any person can go to Supreme Court and appeal to the Supreme Court against the decision given by the lower court (High Court or National Tribunal). Three types of appeals can be made to the Supreme Court:- (i) interpretation of Constitution (ii) Civil cases and (iii) Criminal cases.
(3) Advisory Jurisdiction:- The President can consult the Supreme Court for its advice. The Supreme Court in such cases would consider it, and give its opinion to the President^ but such opinion is not binding on the President.
Court of Record:- Supreme Court is a court of record.This means that all the decisions and proceedings of Supreme Court are kept as records. These decisions can be put as examples before any court.
2. The High Courts:-
(i) Ordinarily every state has a High Court, but two states may have one High Court. Haryana and Punjab have one High Court (Chandigarh).
(ii) There are 21 High Courts in India. Although India has 28 states. Delhi is the only Union Territory which has its own High Court.
(iii) The High Court consists of a Chief Justice and some other judges. In case of appointing the Chief Justice of a High Court the President consults the Chief Justice oflndia and the State Govemor When he appoints the other High Court Judges, he consults apart from these two, the Chief Justice, of the High Court.
(iv) The Judges High Court retire at the age of 62.
The Qualifications:- Citizen of India who has served for ten years as an official of the Judiciary, i.e., in a subordinate court; or has been an advocate of a High Court for ten years. The judges of the High Court can be transferred.
Our Judiciary is separate from our Executive. This principle is called the separation of the executive from the Judiciary. This means that as far as possible the same official should not have both executive and judicial functions. India has a single unified judicial system. This means that all other courts act under Supreme Court.
Different Courts of the Country:-
1. The Supreme Court:- The Supreme Court is in New Delhi. It is made up of a Chief Justice of India and 25 other judges. The Judges of Supreme Court hold office until the age of 65. In making the appointment of the Chief Justice the President Can consult other judges of the Supreme Court but in case of the appointment of other judges, the Chief Justice is always consulted.
(i) Qualifications of the Chief Justice and Other Judges:- Indian citizen who has served as an advocate in a High Court for at least 10 years or a judge of a High Court for 5 years or a distinguished jurist in the opinion of the President.
(ii) Removal of the Judges:- The judges of the Supreme Court and the High Courts can be removed before time only by a special procedure called (Impeachment). They can be removed on the ground of proven misbehavior or incapacity. The Parliament (both houses) should pass the resolution by a two-third majority of the members present and voting, and this number again, should not be less than a majority of the total membership of the house. Then President can by an order remove the Judge. The Judge facing the impeachment is provided the chance to put his side into his defence.
(iii) Salaries:- The salary of the Chief Justice of India is Rs. 100,000 and of other judges is Rs 90,000.
Jurisdiction of Supreme Court:-
(1) Original Jurisdiction:- The cases that can come only before the Supreme Court are called the matters of original jurisdiction. These are cases in which (i) the dispute is between the Government of India and one or more states, (ii) between the Government of India and one or more states on the one side and one or more states on the other, and (iii) between two or more states, These types of cases cannot be heared by any other court (If a citizen feels that his fundamental rights have^been taken away, he can go straight to the Supreme Court.)
(2) Appellate Jurisdiction:- Any person can go to Supreme Court and appeal to the Supreme Court against the decision given by the lower court (High Court or National Tribunal). Three types of appeals can be made to the Supreme Court:- (i) interpretation of Constitution (ii) Civil cases and (iii) Criminal cases.
(3) Advisory Jurisdiction:- The President can consult the Supreme Court for its advice. The Supreme Court in such cases would consider it, and give its opinion to the President^ but such opinion is not binding on the President.
Court of Record:- Supreme Court is a court of record.This means that all the decisions and proceedings of Supreme Court are kept as records. These decisions can be put as examples before any court.
2. The High Courts:-
(i) Ordinarily every state has a High Court, but two states may have one High Court. Haryana and Punjab have one High Court (Chandigarh).
(ii) There are 21 High Courts in India. Although India has 28 states. Delhi is the only Union Territory which has its own High Court.
(iii) The High Court consists of a Chief Justice and some other judges. In case of appointing the Chief Justice of a High Court the President consults the Chief Justice oflndia and the State Govemor When he appoints the other High Court Judges, he consults apart from these two, the Chief Justice, of the High Court.
(iv) The Judges High Court retire at the age of 62.
The Qualifications:- Citizen of India who has served for ten years as an official of the Judiciary, i.e., in a subordinate court; or has been an advocate of a High Court for ten years. The judges of the High Court can be transferred.
