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UPSC GS short notesSupreme Court and High Courts U nlike the American Constitution, the Indian Constitution has established an integral judicial system with the Supreme Court at the top and the High Court below it. Under High Court there is hierarchy of subordinate courts, that is, district court and other lower courts. This single system of courts, adopted from the government of India act of 1935, Infosys both central law as well as the state law. In USA, on the other hand, the federal laws are enforced by the federal judiciary and the state laws are enforced by the state judiciary. There is thus a double system of course the USA- Open for the Centre and the other for the states. The Supreme Court of India was inaugurated on 28 January 1950. It succeeded the federal court of India, established under the government of India act 1935. However the adjudication of the Supreme Court is greater than of its Predecessors. This is because, the Supreme Court has replaced the British privy council as the highest court of appeal.Articles 124 to 147 in part five of the Constitution deals with organisation, independence, judicial, power, procedures and so on of the Supreme Court. The Parliament is authorised to regulate them.Composition and appointment* total number of judges of the Supreme Court are 34 including chief Justice of India.* Originally, the strength of the Supreme Court was fixed at eight judges. The Parliament has increased this number of other judges progressively to 10 in 1956, to 13 in 1960, to 17 in 1977, to 25 in 1986, 30 in 2008 and 33 in 2019.* The chief Justice is appointed by the President after consultation with such judges of Supreme Court and High Court as he deems necessary. The other judges are appointed by President after consultation with the chief justice and such other judges of the Supreme Court and High Court as he deems necessary.Controversy over consultation.The first judge case, 1982: The Supreme Court held that consultation does not mean concurrence and it only implies exchange of views.The second judges case, 1993: The Supreme Court reversed its earlier ruling and change the meaning of word consultation to conference. Hence, it ruled that the advice tendered by chief Justice of India is binding on the president in the matter of appointment of judges of Supreme Court. But, the chief Justice would tender his advice on the matter after consulting two of his senior most colleagues.Third Judges case, 1998: The court observed that the consultation process to be adopted by chief Justice of India requires consultation of plurality judges. The soul is opinion of chief Justice of India does not constitute the consultation process. He should consult a collegium of four senior most judges of the Supreme Court and even if two judges give an adverse opinion, he should not send the recommendation to the government. The court held that the recommendation made by the chief Justice of India without complying with the norms and requirements of the consultation process are not binding on the government.99th Constitutional amendment act of 2014 and national judicial appointment commission act of 2014:The national judicial appointment commission act of 2014 and 99th Constitutional amendment act of 2014 attempted to replace the collegium system of appointing judges of Supreme Court and High Court with a new body called the national judicial appointment commission. However, in 2015, the Supreme Court has declared both the 99th Constitutional amendment as well as the national judicial appointment commission act as Unconstitutional and void. Consequently, the earlier collegium system became operative again. This verdict was delivered by the Supreme Court in the 14 Judges case 2015.What makes Supreme Court an independent body?The Constitution has made following provision to safeguard and ensure the independent and impartial functioning of the Supreme Court;1. Mode of appointment2. Security of tenure3. Fixed service conditions4. Expenses charged on consolidated fund of India5. Conduct of judges cannot be discussed6. Ban on practice after retirement7. Power to punish for its contempt8. Freedom to appoint its staff9. It’s jurisdiction cannot be curtailed.10. Separation from executiveThe jurisdiction of Supreme CourtThe jurisdiction of Supreme Court can be classified into following heads;1. Original Jurisdiction2. Writ Jurisdiction3. Appellate jurisdiction4. Advisory jurisdiction5. A court of record6. Power of judicial review7. Constitutional interpretation8. Several other power as discussed Original jurisdictionWith regard to the exclusive jurisdiction of the Supreme Court, two points should be noted. One, the dispute must involve a question, whether of law or fact, on which the existence or extent of a legal right depends. Thus, the question of political nature are excluded from it. Following are the original jurisdiction of Supreme Court;a. Between the Centre and one or more states,b. Between the Centre and any state or states on one side and one or more states on the other side,c. Between two or more states.Writ jurisdictionThe Supreme Court is empowered to issue rates including habeas corpus, mandamus, prohibition, quo warrants, and certiorari for the enforcement of the fundamental rights of an aggrieved citizen. In this regard, the Supreme Court has original jurisdiction in the sense that an aggrieved citizen can directly go to the Supreme Court.Appellate jurisdiction The Supreme Court enjoys a wide appellate jurisdiction which can be classified under four heads;a. Appeals in constitutional mattersb. Appeals in civil mattersc. Appeals in criminal mattersd. Appeals by special leaveThe advisory jurisdictionThe Constitution of India under article 143 authorises the President to seek the opinion of Supreme Court into categories of matters;a. On any question of law or facts of public importance which has arisen or which is likely to arise.b. Any dispute arising out of any pre-constitutional treaty, agreement, covenant , engagement, Sanad or other similar instruments.In the first case, the Supreme Court made tender or refused to tender his opinion to the President. But, in the second case, the Supreme Court must tender its opinion to the President.A court of recordAs a court of record, the Supreme Court has two powers;a. The judgements, proceedings and acts of the Supreme Court are recorded for perpetual memory and testimony. These records are admitted to be of evidentiary value and cannot be questioned when produced before any court. They are recognised as legal president and legal reference.b. It has power to punish for contempt of court, either with simple imprisonment for a term up to 6 months or with fine up to Rs.2000 or with both. In 1991, the Supreme Court has ruled that it has power to punish for contempt not only of itself but also of high courts, subordinate courts, and tribunals functioning in the entire country.Power of judicial reviewJudicial review is the power of Supreme Court to examine the constitutionality of legislative in it means an executive orders of both the Central and the state governments. On examination, if they are found to be violative of Constitution, they can be declared illegal, unconstitutional and invalid by the Supreme Court.Constitutional interpretationThe Supreme Court is ultimate interpreter of the Constitution. Following are the important doctrines which the Supreme Court applies while interpreting the Constitution;a. Doctrine of severabilityb. Doctrine of waiverc. Doctrine of Eclipsed. Doctrine of territorial Nexuse. Doctrine of pith and substancef. Doctrine of colourable legislationg. Doctrine of implied powersh. Doctrine of incidental and ancillary powersi. Doctrine of Precedent j. Doctrine of occupied fieldk. Doctrine of prospective overrulingl. Doctrine of harmonious constructionm. Doctrine of liberal interpretationOther powers enjoyed by Supreme Court.Apart from the above mentioned power of Supreme Court, it enjoys several other the power as mentioned below.a. It decides the disputes regarding the election of President and the Vice President. In this regard, it has the original, exclusive and final authority.b. It enquires into the conduct and behaviour of the chairman and the members of the union Public service commission on the reference made by the President. If it finds them guilty of misbehaviour, it can recommend to the President for their removal. The advice tendered by the Supreme Court in this regard is binding on the president.c. It has power to review its own judgement or order. Thus, it is not bound by its previous decision and can depart from it in the interest of justice or community welfare.d. It is authorised to withdraw the case pending before the High Court and dispose them by itself. It can also transfer a case or appeal pending before one High Court to another High Court.e. Its law is binding on all the courts in India. It’s decree or order is enforceable throughout the country.f. It has power of judicial superintendency and control over all the courts and tribunals functioning in the entire country. The Supreme Court‘s jurisdiction with respect to matter union list can be enlarged by the Parliament. Further, it’s jurisdiction and powers with respect to other matter can be enlarged by a special agreement of the Centre and the states.
UPSC GS short notes
Supreme Court and High Courts
U
nlike the American Constitution, the Indian Constitution has established an integral judicial system with the Supreme Court at the top and the High Court below it. Under High Court there is hierarchy of subordinate courts, that is, district court and other lower courts. This single system of courts, adopted from the government of India act of 1935, Infosys both central law as well as the state law. In USA, on the other hand, the federal laws are enforced by the federal judiciary and the state laws are enforced by the state judiciary. There is thus a double system of course the USA- Open for the Centre and the other for the states.
The Supreme Court of India was inaugurated on 28 January 1950. It succeeded the federal court of India, established under the government of India act 1935. However the adjudication of the Supreme Court is greater than of its Predecessors. This is because, the Supreme Court has replaced the British privy council as the highest court of appeal.
Articles 124 to 147 in part five of the Constitution deals with organisation, independence, judicial, power, procedures and so on of the Supreme Court. The Parliament is authorised to regulate them.
Composition and appointment
* total number of judges of the Supreme Court are 34 including chief Justice of India.
* Originally, the strength of the Supreme Court was fixed at eight judges. The Parliament has increased this number of other judges progressively to 10 in 1956, to 13 in 1960, to 17 in 1977, to 25 in 1986, 30 in 2008 and 33 in 2019.
* The chief Justice is appointed by the President after consultation with such judges of Supreme Court and High Court as he deems necessary. The other judges are appointed by President after consultation with the chief justice and such other judges of the Supreme Court and High Court as he deems necessary.
Controversy over consultation.
The first judge case, 1982: The Supreme Court held that consultation does not mean concurrence and it only implies exchange of views.
The second judges case, 1993: The Supreme Court reversed its earlier ruling and change the meaning of word consultation to conference. Hence, it ruled that the advice tendered by chief Justice of India is binding on the president in the matter of appointment of judges of Supreme Court. But, the chief Justice would tender his advice on the matter after consulting two of his senior most colleagues.
Third Judges case, 1998: The court observed that the consultation process to be adopted by chief Justice of India requires consultation of plurality judges. The soul is opinion of chief Justice of India does not constitute the consultation process. He should consult a collegium of four senior most judges of the Supreme Court and even if two judges give an adverse opinion, he should not send the recommendation to the government. The court held that the recommendation made by the chief Justice of India without complying with the norms and requirements of the consultation process are not binding on the government.
99th Constitutional amendment act of 2014 and national judicial appointment commission act of 2014:
The national judicial appointment commission act of 2014 and 99th Constitutional amendment act of 2014 attempted to replace the collegium system of appointing judges of Supreme Court and High Court with a new body called the national judicial appointment commission. However, in 2015, the Supreme Court has declared both the 99th Constitutional amendment as well as the national judicial appointment commission act as Unconstitutional and void. Consequently, the earlier collegium system became operative again. This verdict was delivered by the Supreme Court in the 14 Judges case 2015.
What makes Supreme Court an independent body?
The Constitution has made following provision to safeguard and ensure the independent and impartial functioning of the Supreme Court;
1. Mode of appointment
2. Security of tenure
3. Fixed service conditions
4. Expenses charged on consolidated fund of India
5. Conduct of judges cannot be discussed
6. Ban on practice after retirement
7. Power to punish for its contempt
8. Freedom to appoint its staff
9. It’s jurisdiction cannot be curtailed.
10. Separation from executive
The jurisdiction of Supreme Court
The jurisdiction of Supreme Court can be classified into following heads;
1. Original Jurisdiction
2. Writ Jurisdiction
3. Appellate jurisdiction
4. Advisory jurisdiction
5. A court of record
6. Power of judicial review
7. Constitutional interpretation
8. Several other power as discussed
Original jurisdiction
With regard to the exclusive jurisdiction of the Supreme Court, two points should be noted. One, the dispute must involve a question, whether of law or fact, on which the existence or extent of a legal right depends. Thus, the question of political nature are excluded from it. Following are the original jurisdiction of Supreme Court;
a. Between the Centre and one or more states,
b. Between the Centre and any state or states on one side and one or more states on the other side,
c. Between two or more states.
Writ jurisdiction
The Supreme Court is empowered to issue rates including habeas corpus, mandamus, prohibition, quo warrants, and certiorari for the enforcement of the fundamental rights of an aggrieved citizen. In this regard, the Supreme Court has original jurisdiction in the sense that an aggrieved citizen can directly go to the Supreme Court.
Appellate jurisdiction
The Supreme Court enjoys a wide appellate jurisdiction which can be classified under four heads;
a. Appeals in constitutional matters
b. Appeals in civil matters
c. Appeals in criminal matters
d. Appeals by special leave
The advisory jurisdiction
The Constitution of India under article 143 authorises the President to seek the opinion of Supreme Court into categories of matters;
a. On any question of law or facts of public importance which has arisen or which is likely to arise.
b. Any dispute arising out of any pre-constitutional treaty, agreement, covenant , engagement, Sanad or other similar instruments.
In the first case, the Supreme Court made tender or refused to tender his opinion to the President. But, in the second case, the Supreme Court must tender its opinion to the President.
A court of record
As a court of record, the Supreme Court has two powers;
a. The judgements, proceedings and acts of the Supreme Court are recorded for perpetual memory and testimony. These records are admitted to be of evidentiary value and cannot be questioned when produced before any court. They are recognised as legal president and legal reference.
b. It has power to punish for contempt of court, either with simple imprisonment for a term up to 6 months or with fine up to Rs.2000 or with both. In 1991, the Supreme Court has ruled that it has power to punish for contempt not only of itself but also of high courts, subordinate courts, and tribunals functioning in the entire country.
Power of judicial review
Judicial review is the power of Supreme Court to examine the constitutionality of legislative in it means an executive orders of both the Central and the state governments. On examination, if they are found to be violative of Constitution, they can be declared illegal, unconstitutional and invalid by the Supreme Court.
Constitutional interpretation
The Supreme Court is ultimate interpreter of the Constitution. Following are the important doctrines which the Supreme Court applies while interpreting the Constitution;
a. Doctrine of severability
b. Doctrine of waiver
c. Doctrine of Eclipse
d. Doctrine of territorial Nexus
e. Doctrine of pith and substance
f. Doctrine of colourable legislation
g. Doctrine of implied powers
h. Doctrine of incidental and ancillary powers
i. Doctrine of Precedent
j. Doctrine of occupied field
k. Doctrine of prospective overruling
l. Doctrine of harmonious construction
m. Doctrine of liberal interpretation
Other powers enjoyed by Supreme Court.
Apart from the above mentioned power of Supreme Court, it enjoys several other the power as mentioned below.
a. It decides the disputes regarding the election of President and the Vice President. In this regard, it has the original, exclusive and final authority.
b. It enquires into the conduct and behaviour of the chairman and the members of the union Public service commission on the reference made by the President. If it finds them guilty of misbehaviour, it can recommend to the President for their removal. The advice tendered by the Supreme Court in this regard is binding on the president.
c. It has power to review its own judgement or order. Thus, it is not bound by its previous decision and can depart from it in the interest of justice or community welfare.
d. It is authorised to withdraw the case pending before the High Court and dispose them by itself. It can also transfer a case or appeal pending before one High Court to another High Court.
e. Its law is binding on all the courts in India. It’s decree or order is enforceable throughout the country.
f. It has power of judicial superintendency and control over all the courts and tribunals functioning in the entire country.
The Supreme Court‘s jurisdiction with respect to matter union list can be enlarged by the Parliament. Further, it’s jurisdiction and powers with respect to other matter can be enlarged by a special agreement of the Centre and the states.