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Indian Judicial System

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24 views10 pages

Indian Judicial System

Uploaded by

neeraj.latwal.ballb2020
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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INDIAN

JUDICIAL
SYSTEM
THE SUPREME COURT OF INDIA
INTRODUCTION
• The Constitution of India provides for a single
integrated judicial system with the Supreme
Court at the apex, High Courts at the middle
(state) level and District Courts at the local level.
• It also provides for an independent and powerful
judicial system.
• Judiciary in India acts as the guardian protector
of the Constitution and the fundamental rights of
the people.
HISTORICAL BACKGROUND
• The Federal Court of India was established under
the Government of India Act 1935.
• The Federal Court had jurisdiction to solve
disputes between provinces and federal states and
hear appeals against judgements of the high
courts.
• The first CJI was H. J. Kania.
• The Supreme Court of India replaced the federal
court and came into being on 28 January 1950.
COMPOSITION: COLLEGIUM
• Size: Initially, the Constitution of India provided for a supreme court with a chief
justice and 7 judges.
• As the work of the Court increased and cases began to accumulate, Parliament
increased the number of judges (including the Chief Justice) from the original 8 in
1950 to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2009, to 34 in 2019.
Current composition????..............
• Eligibility :
• A citizen of India not exceeding 65 years age
• a judge of one high court or more (continuously), for at least five
years,
• an advocate there, for at least ten years,
• a distinguished jurist, in the opinion of the president, power conferred by
clause(2) of article 124 of the Constitution of India.
• Tenure:
Supreme court judges retire at the age of 65.
Continued….
• Appointment of Judges:
• A judge is appointed to the supreme court by the president on
the recommendation of the collegium — a closed group of the
Chief Justice of India, the four most senior judges of the court
and the senior-most judge hailing from the high court of a
prospective appointee. This has resulted in a Memorandum of
Procedure being followed, for the appointments.
• No judge of the Supreme Court has been impeached so far.
Impeachment motions of Justice V Ramaswami (1991–1993)
and the Justice Dipak Misra (2017-18) were defeated in the
Parliament.
FEATURES OF INDIAN JUDICIAL
SYSTEM
• Single and Integrated Judicial System
• Independence of Judiciary
• Judiciary as the Interpreter of the Constitution
• Judicial Review
• High Court for each states as well as Provision for Joint High Courts
• Supreme Court as the Arbiter of legal disputes between the Union and
States
• Guardian of Fundamental Rights
• Separation of Judiciary from the Executive
• Open Trial
• Public Interest Litigation System
Hierarchy of Indian Judicial
System:
Tribunals
• Tribunal is a quasi-judicial institution that is set up to deal with problems such as
resolving administrative or tax-related disputes. It performs a number of functions
like adjudicating disputes, determining rights between contesting parties, making
an administrative decision, reviewing an existing administrative decision and so
forth.
• To overcome the situation that arose due to the pendency of cases in various
Courts, domestic tribunals and other Tribunals have been established under
different Statutes, hereinafter referred to as the Tribunals.
• The Tribunals were set up to reduce the workload of courts.
• Tribunals were not part of the original constitution, it was incorporated in the
Indian Constitution by 42nd Amendment Act, 1976.
• Article 323-A deals with Administrative Tribunals.
• Article 323-B deals with tribunals for other matters.
• The Parliament has enacted Inter-State River Water Disputes (ISRWD) Act, 1956
have formed various Water Disputes Tribunal. Armed Forces Tribunal Act, 2007.
Jurisdiction and Powers of
Supreme Court:
• Original Jurisdiction
• Writ Jurisdiction
• Appellate Jurisdiction
• Advisory Jurisdiction
• A Court of Record
• Power of Judicial Review
• Judicial Activism
Recent issues in Supreme
Court
• It refers to the privilege of the Chief Justice to constitute Benches to
hear cases.
• The controversy has emerged in the Supreme Court over absolute
power of Chief Justice on the judicial administration.
• The SC has upheld a number of times that “the Chief Justice is the
master of the roster and he alone has the prerogative to constitute the
Benches of the Court and allocate cases to the Benches so constituted.”
• Be it the Chief Justice of India or Chief Justice of any high court it is he
or she who heads the administrative side. This includes allocation of
matters before a judge as well.
• So, no Judge can take up the matter on his own, unless allocated by the
Chief Justice of India.

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