JUDICIARY IN INDIA - PART 1
Introduction:
• The Judiciary system of India is law and rules stated for the welfare of citizens. It is responsible to ensure and re-enforce law and order.
• Judicial System or the court system is also the Judiciary System.
• The court has the power to make decisions and also enforce the law, solve disputes.
• Judiciary system consists of Judges and other magistrates, they form the bench or the core of the judiciary system.
• On 26 January 1950, the Indian Constitution was written and it is worlds largest constitution written.
• The constitution is the source of law in India and also the supreme law of India.
• Judicial System of India consists of
1. Supreme Court,
2. High Court,
3. District Court or Subordinate Court.
• The Judiciary system of India is law and rules stated for the welfare of citizens. It is responsible to ensure and re-enforce law and order.
• Judicial System or the court system is also the Judiciary System.
• The court has the power to make decisions and also enforce the law, solve disputes.
• Judiciary system consists of Judges and other magistrates, they form the bench or the core of the judiciary system.
• On 26 January 1950, the Indian Constitution was written and it is worlds largest constitution written.
• The constitution is the source of law in India and also the supreme law of India.
• Judicial System of India consists of
1. Supreme Court,
2. High Court,
3. District Court or Subordinate Court.
Supreme Court of India
• Under the constitution of India, the supreme court is the final court of appeal.
• Supreme court is situated in Delhi.
• Hence has the chief justice of India, including 30 judges and other judges for advisory jurisdiction.
• Unsolved or still in dispute cases are leveled up to Supreme court to retain justice.
• If the supreme court declares a law it is binding on all other courts of all States and Union territory. Every court building has 15 courtrooms. the Eligibility to become a Chief justice is:
• The judge in one High court or more, for at least 5 years or advocate in high court for at least 10 years.
• A distinguished judge in the opinion of the President of India.
• Judiciary is that branch of government which interprets law, settles disputes and administers justice. Laws are like dead letters without courts to explain and expound their meaning.
• Judiciary is the watchdog of democracy, guardian of the constitution as well as champion of liberty.
In India the structure of judiciary is like a pyramid. The Supreme Court is at the apex, below it, there are High Courts, the next step in the hierarchy are the district courts and at the bottom of the judicial pyramid are the subordinate courts.
• In India, the courts from top to bottom deal with the disputes arising under the laws enacted by the Union Parliament as well as by state legislatures.
• Independent Judiciary : Sine – Qua – Non of Democracy (Absolutely needed)
• Exist to see that laws made by legislature are intra vires (with the constitution)
• At the apex lie SC : Custodian & interpreter of constitution
• Originally 1 CJ & 7 judges, but At present 1 CJ & 30 Judges
District Court of India
• Under the constitution of India, district courts or Subordinate Courts are subordinate to the high court.
• District courts are established according to the population distribution of the district and state.
• It looks after the Civil and criminal matters of the district.
• A law declared by the district court is applicable to all subordinate courts.
• Since District court is at a higher hierarchical level. Eligibility for judge in district court is - He should be a citizen of India & An advocate should have at least practice for 7 years.
• Under the constitution of India, the supreme court is the final court of appeal.
• Supreme court is situated in Delhi.
• Hence has the chief justice of India, including 30 judges and other judges for advisory jurisdiction.
• Unsolved or still in dispute cases are leveled up to Supreme court to retain justice.
• If the supreme court declares a law it is binding on all other courts of all States and Union territory. Every court building has 15 courtrooms. the Eligibility to become a Chief justice is:
• The judge in one High court or more, for at least 5 years or advocate in high court for at least 10 years.
• A distinguished judge in the opinion of the President of India.
• Judiciary is that branch of government which interprets law, settles disputes and administers justice. Laws are like dead letters without courts to explain and expound their meaning.
• Judiciary is the watchdog of democracy, guardian of the constitution as well as champion of liberty.
In India the structure of judiciary is like a pyramid. The Supreme Court is at the apex, below it, there are High Courts, the next step in the hierarchy are the district courts and at the bottom of the judicial pyramid are the subordinate courts.
• In India, the courts from top to bottom deal with the disputes arising under the laws enacted by the Union Parliament as well as by state legislatures.
• Independent Judiciary : Sine – Qua – Non of Democracy (Absolutely needed)
• Exist to see that laws made by legislature are intra vires (with the constitution)
• At the apex lie SC : Custodian & interpreter of constitution
• Originally 1 CJ & 7 judges, but At present 1 CJ & 30 Judges
District Court of India
• Under the constitution of India, district courts or Subordinate Courts are subordinate to the high court.
• District courts are established according to the population distribution of the district and state.
• It looks after the Civil and criminal matters of the district.
• A law declared by the district court is applicable to all subordinate courts.
• Since District court is at a higher hierarchical level. Eligibility for judge in district court is - He should be a citizen of India & An advocate should have at least practice for 7 years.
Composition:
• It consist of thirty one Judges & Chief Justice.
• Originally the strength of Supreme court judges was 8(including chief justice).
Powers:
• Prevention of violation of law
• Decides on constitutional questions
• Administrative functions
• Protection of fundamental rights
• Making of new law
• Interprets the constitution and Laws
• Advisory function
• Guardian of the Constitution
Appointment:
• Chief Justice of Supreme court is appointed by President after the consultation with the judges of Supreme court and high court.
• The Judges are appointed by President. The other Judges of Supreme Court is appointed with the consultation of Chief Justice and consultation of Chief justice is obligatory.
Removal:
• They are removed by an order of the President. The removal order is presented to the President only after an address by the Parliament.
• Removal of SC judge by impeachment is regulated by the Judges Enquiry Act.
• The Removal motion is signed by 100 members in case of Lok Sabha and 50 members in case of Rajya Sabha.
• It consist of thirty one Judges & Chief Justice.
• Originally the strength of Supreme court judges was 8(including chief justice).
Powers:
• Prevention of violation of law
• Decides on constitutional questions
• Administrative functions
• Protection of fundamental rights
• Making of new law
• Interprets the constitution and Laws
• Advisory function
• Guardian of the Constitution
Appointment:
• Chief Justice of Supreme court is appointed by President after the consultation with the judges of Supreme court and high court.
• The Judges are appointed by President. The other Judges of Supreme Court is appointed with the consultation of Chief Justice and consultation of Chief justice is obligatory.
Removal:
• They are removed by an order of the President. The removal order is presented to the President only after an address by the Parliament.
• Removal of SC judge by impeachment is regulated by the Judges Enquiry Act.
• The Removal motion is signed by 100 members in case of Lok Sabha and 50 members in case of Rajya Sabha.
Tenure:
• There is no fixed tenure by the Constitution.
• Some provisions have been provided by the constitution under which the Judge holds office until the age of 65 years.
• He has to resign his office by writing to the President or he can be removed by President by an order of Parliament.
Salaries and allowances:
• The Salary is determined by the Parliament.
• Moreover, they are also paid sumptuary allowance and provided free accommodation and facilities.
• The expenses are charged on consolidated fund of India.
Jurisdiction of Supreme Court:
Constitution has given extensive jurisdiction powers to supreme court. Jurisdiction of Supreme is classified under the following categories:
1. Original jurisdiction
2. Writ jurisdiction
3. Appellate jurisdiction
4. Advisory Jurisdiction
5. Advisory jurisdiction
6. A court of record
7. Power of judicial review
8. Other powers
Judicial Review:
It is the power of Supreme Court is to examine the constitutionality of legislative enactments and executive orders of both central and state governments.
Other Powers:
• Its law is binding on all courts.
• It can review its own judgment.
• It solves disputes of the election of President and vice president.
• It has the authority to withdraw pending high court cases.
• There is no fixed tenure by the Constitution.
• Some provisions have been provided by the constitution under which the Judge holds office until the age of 65 years.
• He has to resign his office by writing to the President or he can be removed by President by an order of Parliament.
Salaries and allowances:
• The Salary is determined by the Parliament.
• Moreover, they are also paid sumptuary allowance and provided free accommodation and facilities.
• The expenses are charged on consolidated fund of India.
Jurisdiction of Supreme Court:
Constitution has given extensive jurisdiction powers to supreme court. Jurisdiction of Supreme is classified under the following categories:
1. Original jurisdiction
2. Writ jurisdiction
3. Appellate jurisdiction
4. Advisory Jurisdiction
5. Advisory jurisdiction
6. A court of record
7. Power of judicial review
8. Other powers
Judicial Review:
It is the power of Supreme Court is to examine the constitutionality of legislative enactments and executive orders of both central and state governments.
Other Powers:
• Its law is binding on all courts.
• It can review its own judgment.
• It solves disputes of the election of President and vice president.
• It has the authority to withdraw pending high court cases.
Magme Guru is India's Biggest learning free App for Aspirants who are competing for all government exams with more than 2350+ Subjects and 523+ Exams.
No comments:
Post a Comment