the analysis of the union and state judiciary is explained in light of the Indian constitution. importance and role of article 32 is analyzed in the light of union and state judiciary

1. Union and state
judiciary
IN LIGHT WITH THE ARTICLE 32 OF INDIAN CONSTITUTION

2. THE UNION JUDICIARY
 The union judiciary is covered under chapter IV of Indian constitution.
 The supreme court shall be the court of records and also can have the
power to punish for the contempt by itself ( article 129)
 They can determine their own jurisdiction and punish for its contempt.
 Naresh Sridhar Mainrajkar vs. State Of Maharashtra (1967) – “the
absence of any express provision in the constitution. The SC (being a court
of records) can determine its own jurisdiction an power for its contempt.
 Delhi Judicial Service Association vs. State of Gujarat (1991) – under
article 129 the punishment for contempt is not only by itself but by HC and
lower court.

3. ARTICLE : 32 WRIT JURISDICTION
 MEANING: the right of the person to move to SC for maintain the
fundamental right.
 The SC can also take the nature as Habeas Corpus , Mandamus , Quo
Warrantor and Certiorary.
 the parliament may by law empower the other court to exercise within
the local limit of the jurisdiction.

4. • The SC can have the
original jurisdiction
• If there is certain
question of law
AERICLE
131(original
jurisdiction)
• The certain specific
question of law
which the SC should
interpret.
• The question is
aforesaid to the SC.
ARTICLE 132
(appellate
jurisdiction)
• Specifically deal
with the civil cases
• The SC will be the
final decision in this
cases
ARTICLE 133
(appellate
jurisdiction in
civil case)

5. ARTICLE 134
(jurisdiction of the
criminal cases)
The appeal lie on the SC
as the final opening of
the case
The appeal may be
reversed in order of the
acquittal of the case
ARTICLE 135 (
federal jurisdiction)
The SC having a power to
deal with the cases under
article 133 or 134
The matter were
execrable by the federal
court immediately before
the commencement of
the constitution
ARTICLE 136 AND
ARTICLE 137
Article 36 deal with the
appeal by special leave
Article 137 deal with the
review jurisdiction where
the case will be reviewed

6. ARTICLE 143 – ADVISARY
JURISDICTION
 If the question of the fact was in front of the president the adviser
jurisdiction
 Kerala Educational Bill 1958 – SC held that the court is not bound to
answer the reference made by the president.
 The case of the advisory opinion conferred by article 143 from the regular
opinion .
 Special Court Bill 1978 - it matters out article 142(2) that may be
justified returning reference unanswered for valid reason

7. STATE JUDICIARY
 SECTION 214- the HC can be there in the state.
 SECTION 215 – the HC can be the court of record , that HC has power to
punish for contempt of itself.
 SECTION 216 – the HC can be consist of Chief justice , and other judges as
they have the time does not deem to necessary to appoint.

8. QUALIFICATION OF THE JUDGES OF
THE HC
 The qualification of the judges in the height court.
 He must be the citizen of the India
 At least 10years held a judicial officer in the territory of the India.
 The appointment can be done by chief justice of HC and the governor in
the consonance of the president
 The removal of the judges was mentioned under this chapter
 The appointment of the additional acting judges as the article 223 and
224.
 The appointment of the territorial judges at the sitting of HC in article
224A

9. ARTICLE 32 ( APPROPRIATE
PROCEEDING)
 The right to move to the SC in itself and conferred as the most important
fundamental right.
 The expression appropriate proceeding under article 32(1) and that is
inappropriate.
 Daryao Singh vs. State UP – 1961 the direction or writ which the
petitioner sneak's to obtain from the court. The appropriation the
particular writ or order of the citizen

10. LOCUS
STANDI
Things stand for itself.
Fertilizer corporation
Kampar union vs. U
A.B.S sang vs.
UOI -1981.
BHANDU MUKIT
MORCHA VS UOI
RES
JUDICATA
The trial to the
subsequent suit to
the same cause of
action between the
same parties
ARTICLE 32
and laches
and delay
Trilchkchand
motichand vs. HB
mushi
The general rule that
HC to the jurisdiction
of a party to the
court after
considering guilty of
laches

11. HABEAS CORPUS
• The meaning of the habeas corpus means as “you must have the body”
• The fundamental rights and that article 22 the arrest the procedure and
the arrest.
QUO WARRANTO
• The meaning is the author
• The judicially control executive action and that was appointed to public
the relevant statutory provision
CERTIORARY
• The meaning is inform
• The record or paper and the procedure and the quashing such act or
ordinance

12. Prohibition / Mandamus
 The prohibition is normally issued when inferior court or tribunal.
 The prohibition was to stop the process of the case in the lower court.
 The mandamus is the court an authority it to perform a public duly
imposed by the law.