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Judiciary in India

Judiciary is the Third Branch of Government! The first two branches INCLUDE the Legislative Branch which makes Laws. And the Executive which “executes” the Laws!. Judiciary in India. Nature of Indian Judiciary.

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Judiciary in India

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  1. Judiciary is the Third Branch of Government! The first two branches INCLUDE the Legislative Branch which makes Laws. And the Executive which “executes” the Laws! Judiciary in India

  2. Nature of Indian Judiciary • India is a federation, which means its administration, according to the Constitution is divided between the Government at the Centre and the Government of the States. • Thus Government = Legislative+Executive+Judiciary • At both the state and the centre this Principle applies!

  3. Nature of Indian Judiciary • The federal nature of Indian political system is reflected in the Judicial STRUCTURE as well. • Judiciary is entrusted with the responsiblity to INTERPRET and EXPLAIN the LAWS. (remember this as J=IE) • Interpretation and Explanation of Laws also includes Punishing the Law breakers!

  4. How and where does Judiciary function?? • Judiciary functions through COURTS. • A court is a government institution that settles LEGAL Disputes and Gives Justice. • A court is presided by a Judge.

  5. Courts in Indian Political System • As stated EARLIER, Indian Judiciary also represents the Federal nature of the Indian Political System. • So, We have the Supreme Court at the Centre! • High Court in the State! • Supreme Court is the Major Body of the Judicial Branch!

  6. SUPREME COURT OF INDIA • Supreme Court of INDIA was inaugrated on 28th January, 1950! • Two days after India was declared as a Republic. • What is the Logic in this? • The Logic is that the Supreme Court was inaugrated only after the new Constitution was Adopted on 26th January 1950. • Thus Constitution carries the Law and without Law there is no Court in a CONSTITUTIONAL DEMOCRACY!

  7. Inaugration of the Supreme Court • The FIRST CHIEF JUSTICE of the SUPREME COURT OF INDIA was Shri Harilala J. Kania! • He was from Surat, Gujarat!

  8. Sir Harilal J. Kania

  9. Harilal J Kania • P • The Hon'ble Sir Harilal Jekisundas Kania, Kt. Cr.1943; Chief Justice of India 14 Aug. 1947-5 Nov. 1951; s. of Jekisundas m. 1925, Kusum, d. of Sir Chunilal Mehta q.v; one d. Educ B.A. Samaldas College, Bhavnagar; LL.B. Government Law College, Bombay; passed the High Court Advocate (O.S.) Examination 1915. Judge High Court, Bombay. 1933-46, acting Chief Justice in 1944 and 1945; Judge; Federal Court 20 June 1946-13 Aug. 1947. • Retired on 6.11.1951.

  10. Source • http://supremecourtofindia.nic.in/judges/rcji/01hjkania.htm • Website of the Supreme Court of India.

  11. Roots of the Supreme Court of India • “The Supreme Court of India, an all-India court, will stand firm and aloof from party politics and political theories. IT IS UNCONCERNED WITH THE CHANGES IN THE GOVERNMENT. The Court stands to administer the law, has goodwill and sympathy for all, BUT IS ALLIED TO NONE. Occupying that position, we hope and trust it will play a great part in building up of the nation, and in stabilising the roots of civilisation which has twice been threatened and shaken by two World Wars,and maintain the Fundamental principles of justice which are the emblem of God. • We Hope and trust the Court will maintain the high traditions of the Judiciary and perform its duties without FEAR and FAVOUR” • - SIR Harilal J Kania, 28th January, 1950!

  12. Features of the Union Judiciary • The Judiciary at the Centre is consists of a Chief Justice and 17 other judges. • The number of Judges is decided by the Parliament, it can increase or decrease. • Constitution first provided for 7 Judges and a Chief Justice for the Supreme Court. • In 1960 the number of Judges was increased to 13. in 1977 through an Amendment, it was increased to 17. • Presently there are 31 Judges, 30 + 1.

  13. How does one become a Judge of the Supreme Court?- Requirements and Qualifications • Five Years service as a High Court Judge. • 10 years of practise as an Advocate at the High Court • Should be amongst the most distinguished jurist in the opinion of the President.

  14. Appointment • Earlier, the President required to consult the Cabinet over the appointment of the Judges of the Supreme Court. • But currently the Judges are appointed through a Collegium System. • Collegium system includes the appointment of the judges by the President who have been chosed by a group consisting of the Chief Justice of Supreme Court alongwith 4 senior most associate Judges of the Supreme Court.

  15. Tenure and Salary • Retirement age of the Judge is 65 years. • A Judge of the Supreme Court can be removed from his office by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than twothirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity. • The procedure for removal has been mentioned in Article 124 (4) of the Constitution.

  16. Supreme Court: Jurisdiction and Power • What is Jurisdiction? • Jurisdiction is the official power to make legal decisions and judgements.

  17. Supreme Court: 3 Fold jurisdictions • Being the Apex court in the country, Supreme court exercises its power independent of the legislative and executive branches through its 3 fold Jurisdictions. 1) Original Jurisdiction: Power/Authority to administer justice. 2) Appellate Jurisdiction: Power of the Higher court to hear appeals. 3) Advisory Jurisdiction: Power to advise the President of India on any question of law or fact of law of public importance.

  18. Supreme Court Functions: Original Jurisdiction • Interpretation of the constitution • Settlement of disputes between Union and the States and between States and States. • Protection of Fundamental Rights • Cases relating to the interpretation of the constitution can be filed in the Supreme Court

  19. Supreme Court Functions: Appellate Jurisdictions • Appellate Jurisdictions has three categories within its purview, they are:- 1) Constitutional Cases: Cases involving interpretation of the constitution, but it requires an endorsement of the High Court that the appeals concerns the interpretation of the Constitution. 2) Civil Cases: in civil cases the law of general importance is included, again with the HC endorsement. And if High court feels that Supreme Court needs to make a decision. 3) Criminal Cases: If the HC has reversed acquittal to a death sentence. If HC has taken any case from a lower court and if it has given a death penalty to the accused. If the HC certifies the case as a matter for appeal to the Supreme Court.

  20. Supreme Court Functions: Advisory Powers • The President may consult the Supreme Court on any matter of law of public importance, seeking its opinion. The power to consult the Supreme court is known as the consultative or Advisory power.

  21. Supreme Court Functions: Guardian of the Constitution • Supreme court has the power to declare a law as Ultra Vires which means whether the law is beyond the legal authority of the Government. • Similarly it also has the power to delcare a law as Intra Vires i.e. it is within the power of the constitution. • It also has the power to issue WRITS as far as Fundamental Rights are concerned.

  22. Writs • Writs are orders by the court asking any person to perform any act or to not perform any act. • There are five major types of Writs, they are: • 1) Habeas Corpus • 2)Mandamaus • 3)Prohibition • 4)Quo Warranto • 5)Certiorari

  23. Writs: Habeas Corpus • Derived from latin, Habeas Corpus means “you may have the BODY”. • It is a write commanding a person to produce the other person who has been detained by him, before the court. This writ is generally issued in the case of Imprisonment. Through this it can also ask to release a person. • This write can secure person from private or public detention if it is deemed as illegal.

  24. Writs: Mandamus • Mandamus means command. • This writ is issued by the Hgh court or the Supreme Court, commanding a person to do what his or her duty is.

  25. Writs: Prohibition • This writ is issued when a lower court is acting beyond its jurisdiction, against the rules of Justice. • Through this writ the higher court can also ask a judge to not preside over a case in which he holds a personal stake.

  26. Writs: Certiorari • Generally this writ is issued by a higher court to the lower court. Sometimes it is used before the beginning of the trial of a case. And through this writ it can also ask for transferring the case to the higher court.

  27. Writs: Quo Warranto • This writ is generally issued in the case of a person acting in an office that is not entitled to him or her. Through this writ it can declare the office as being vacant.

  28. Supreme Court Functions: Court of Record • All the judgements of the Supreme Court are keenly recorded and archived and are preserved. They act the the PRECEDENT and are binding upon all other courts in the Union of India. • It can also impose a fine upon a person or imprison them in case a contempt of court is observed,.

  29. Judicial Review • The Supreme Court has the power to review any judgement made by it. • It has the power to review its own earlier decision and can also reverse the decision. • It thus protects the spirit of the constitution.

  30. Judiciary at the State Level: High Court • There are 18 High courts in the country. High Court is the apex court at the state level. • In the North East, the Guwahati High Court is the common high court for all of its states. • Thus it is the Parliament which by passing a law can establish a High Court.

  31. High Court District And Sessions Judge's Courts Metropolitan Areas Civil Court or Subordinated Judge Court (Crimimal) Court of Session Provincial Small Cause Court Metropolitan Magistrate's Court Presidency Small Cause Court City Civil and Sessions Court Panchayat Adalats Subordinate Magistrate C Munsif's Court Nyaya Panchayats Judicial Magistrates Executive Magistrates

  32. High Court: Powers • Original Jurisdiction: Following cases are heard at first instance in the high court, cases being brought directly without being heard by the lower courts. • State Revenue and collection. • Marriage Laws, Company laws, contempt of court. • Issue write for the preservation and safeguard of Fundamental Rights

  33. High Court: Powers: Revisory Jurisdiction • Can withdraw cases from lower court if it involves the question of law. High court sends comments on the question of the law to the lower court.

  34. High Court: Powers: Appellate Jurisdiction • Hears Appeals from the lower courts in the State and also fled directly to the High Court. • 3 types of cases are heard: criminal, civil and revenue. • If death penalty has been given to a convict then the appeal is made to the High Court.

  35. High Court: Powers: Supervisory Jurisdiction • It supervises and keeps a watch on the lower courts. • It can intervene if a lower court has exceeded its powers in a particular case. • Issues general rules and procedures for proceedings in the lower courts.

  36. High Court: Powers: Administrative Powers • Supervise the working of the lower courts. • Frame rules and regulations for their business and also inspect their records. • Can transfer cases from one court to another. • All appointments, transfer and promotion of District Judges are made by the Governor on the advice of the High court and the Public Service Commission.

  37. High Courts: Power: Writs • Like the supreme court, the High court can also issue writs.

  38. High Court: Judges • There is no fixed number of judges for the High Courts as per the constitution. • President fixes the composition of each High Court at a certain period of time. • President appoints the Chief Justice of the High Court after consulting the Chief Justice of India and the Governor of the State. • Judges are also appointed by the President by consulting the Chief Justice of the High court.

  39. Qualifications • Citizen of India • Must have held a judicial office for 10 years or more. • Advocate of the High Court for 10 years or more. • Distinguished Jurist. • Reputed teacher in a law college.

  40. Term • Can hold the office till 62 years of age. • Is removed in the same manner as the Judge of the Supreme Court is removed.

  41. Subordinate Courts • 1) Civil Courts: Judges and Magistrates are appointed by the Governor of the state from the State Judicial Services. • a) Principal Civil Court: All cases involving more than Rs. 5,000 come for hearing to the District Judge. Appeals against the decisions of the Civl Judge are also heard over here. • b) Court of the Civil Judge or Sub-Judge: Cases involving Rs.2,000-Rs.5000 are heard here. • c) Munsif's Court: Authorised to deal with civil cases involving not more that Rs.2000. Appeals against their decisions lie with the Sub-Judge • d) Small Courts or Petty Courts: Headed by the Junior most magistrates. They decide cases for nominal money value. There can be no appeal against their decisions.

  42. District Judges • Appointed by the Governor in consultation with the High Courts. • District court is the apex court for civil and criminal cases in the district. • District Court judge is the chief judicial officer of the district. He is called as the Sessions Judge when he tries the Criminal cases. Thus he is also the Sessions judge.

  43. Qualifications • Been a pleader or an advocate for 7 years or more. • Should not be a servant of the union or the state government. • Should possess the recommendation of the high court for appointment.

  44. District Judge: Functions • Hears appeals from the decisions of the Magistrate's courts. • Supervises the work of the subordinate courts. • Acts as the deputy commissioner and the District Collector. • Also possesses administrative powers to maintain law and order in the district. • Supervises the collection of revenue and taxes in the district.

  45. Criminal Courts • Criminal courts in the District are divided into four categories: • 1) Courts of the Third Class Magistrates: Simple criminal cases of individual quarrels or rioting are heard by the court. Has the power to punish the guilty with simple imprisonment for not more than one month or a fine of Rs. 50 can be awarded.

  46. 2) Court of the Second Class Magistrates: Serious Criminal cases are heard. Can sentence a person to imprisonment for upto 6 months or impose a fine of Rs. 200 or so or even both. • 3)Court of the First Class Magistrate: More serious criminal cases are heard. Awards imprisonment upto 2 years or a fine of Rs.1000 or both. • Can hear appeal against the decision of the Magistrates Class III and Class II.

  47. 4) Sessions Court: Highest Criminal court in a district. Cases of murder and theft are heard. • Capital punishment can be awarded by the Sessions court if approved by the High Court.

  48. Courts of Revenue • Cases related to conflicts regarding land revenue, property tax, are heard here. • The Court of Revenue is also divided into four other categories: • 1) Naib Tehsildar's Court: deals with assessment of the land revenue and property taxes. • 2) Tehsildar's Court: collection of revenue and property taxes as assessed by the Deputy Tehsildar's.

  49. 3) Collector's Court: Administrator of the district and also helps the revenue department in the collection of the land revenue. • 4) Commissioner's Court: Assessment and collection of revenues in his area. • Board of Revenue: Highest authority concerned with revenue in the State. Works under the High court ad hears appeals against lower revenue courts.

  50. Lok Adalats • Means 'People's Court- Lok= people, Adalat= court. • Social workers, activists, students, scholars make the lok adalats. • Constituted for the speedig up of the grievance redressal mechanism. • Much of Time is saved because of Lok Adalats. • Law courts can shed some burden due to the Lok Adalats. • First Lok Adalat was innaugrated on 6th October 1985 in Delhi. 150 cases were decided in a day.

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