Union Judiciary

14,737 views

Published on

Published in: Education
0 Comments
8 Likes
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total views
14,737
On SlideShare
0
From Embeds
0
Number of Embeds
43
Actions
Shares
0
Downloads
656
Comments
0
Likes
8
Embeds 0
No embeds

No notes for slide

Union Judiciary

  1. 1. THE CONSTITUTION OF INDIA and PROFESSIONAL ETHICS CIP 81 The Union Judiciary The Supreme Court Of India C lass # 11 Week :Mar 24-31
  2. 2. Supreme Court of India <ul><li>The highest judicial authority in India is the Supreme Court. </li></ul><ul><li>It consists of a Chief Justice and several other judges. (Art. 124) </li></ul><ul><li>The number of other judges is decided by the Parliament by law. </li></ul><ul><li>Originally the Constitution provided for seven other judges only. </li></ul><ul><li>The Parliament increased the number several times. </li></ul><ul><li>Until recently, the number of other judges was twenty five. </li></ul><ul><li>Constitution of the court </li></ul><ul><li>Cabinet has recently increased the Number of Supreme Court Judges from 25 to 30 taking into consideation the increasing work load and enormity of long pending cases. </li></ul>
  3. 3. Supreme Court of India <ul><li>CJ & 25 other judges </li></ul>DISTRICT AND SESSION COURTS (IN EACH DISTRICT) CITY CIVIL AND SESSION COURTS METROPOLITAN MAGISTRATES COURTS METROPOLITAN COURTS (IN METROPOLITAN AREAS) PRESIDENCY SMALL CAUSES COURTS PROVINCIAL SMALL CAUSES (CIVIL) SUBORDINATE JUDGES COURTS COURT OF SESSION (CRIMINAL COURT) Nyaya Panchayats Munsi f COURTS Panchayat Adalats Subordinate Magistrate COURT Executive Magistrate COURT Judicial Magistrate COURT
  4. 4. Judicial independence <ul><li>Constitution ensures the independence of Supreme Court Judges in many ways. </li></ul><ul><li>Judges are generally appointed on the basis of seniority and not on political preference. </li></ul><ul><li>A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same Session for such removal on the ground of proved misbehaviour or incapacity. </li></ul><ul><li>The salary and allowances of a judge of the Supreme Court cannot be reduced after appointment. A person who has been a Judge of the Supreme Court is debarred from practising in any court of law or before any other authority in India . </li></ul>
  5. 5. Powers to punish contempt <ul><li>Under Articles 129 and 142 </li></ul><ul><li>the Supreme Court has been vested with power to punish anyone for contempt of any law court in India including itself. </li></ul><ul><li>unprecedented action : </li></ul><ul><li>it directed a sitting Minister of the state of Maharashtra to be jailed for 1 month on a charge of contempt of court on May 12 2006. </li></ul><ul><li>This was the first time that a serving Minister was ever jailed. </li></ul>
  6. 6. Supreme Court of India <ul><li>Every judge of the Supreme Court is appointed by the President </li></ul><ul><li>after consulting such of the judges of the Supreme Court and of the High Courts as President deems necessary. </li></ul><ul><li>However, while appointing other judges the President has to consult the Chief Justice of India. </li></ul><ul><li>Only such a person can be appointed a judge of the Supreme Court </li></ul><ul><li>1. who is a citizen of India </li></ul><ul><li>2. has been a judge of a High Court for at least five years or </li></ul><ul><li>3. has been an advocate of a High Court for ten years </li></ul><ul><li>4. or is, in the opinion of President, a distinguished jurist. </li></ul>
  7. 7. Supreme Court of India <ul><li>The judges of the Supreme Court are paid such salaries as are determined by the Parliament by law. </li></ul><ul><li>They are also entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as are determined by the Parliament from time to time. </li></ul><ul><li>However, the Parliament cannot make any change, after their appointment, in the salaries, allowances, privileges, leave of absence and pension etc. of the judges adversely affecting them except in case of financial emergency </li></ul>
  8. 8. Supreme Court of India <ul><li>Every judge of the Supreme Court including the Chief Justice holds office until he attains the age of sixty five years. </li></ul><ul><li>He, however, can resign his post any time by submitting his resignation to the President . </li></ul><ul><li>He can also be removed from his office by the President if each House of Parliament presents an address to him , </li></ul><ul><li>supported by a majority of the total membership of that House , </li></ul><ul><li>and by a majority of not less than two-thirds of the members of that House present and voting , for such </li></ul><ul><li>removal on the grounds of proven misbehavior or incapacity. </li></ul>
  9. 9. Supreme Court of India <ul><li>Every person appointed to be a judge of the Supreme Court is required to take an oath of office before he enters upon his office, before the President or some person appointed by him . </li></ul><ul><li>No person who has held office as a judge of the Supreme Court cannot plead or act in any court or before any authority , within the territory of India. </li></ul><ul><li>When the office of the Chief Justice of India is vacant or when the Chief Justice is by reason of absence or otherwise unable to perform his duties, the same shall be performed by one of the other judges as the President may appoint for the purpose . </li></ul>
  10. 10. Supreme Court of India <ul><li>If at any time there is no quorum in the Supreme Court for performing its duties, the Chief Justice, with the previous consent of the President </li></ul><ul><li>and after consultation with the Chief Justice of the High Court concerned, may request one of the judges of a High Court, </li></ul><ul><li>who otherwise is qualified to be appointed a judge of the Supreme Court, as its ad-hoc judge, for such period as may be necessary. </li></ul>
  11. 11. Supreme Court of India <ul><li>The Chief Justice of India may, at any time, with the previous consent of the President, request any retired judge of the Supreme Court or that of a High Court </li></ul><ul><li>(who otherwise is qualified to be appointed a judge of the Supreme Court) to sit and act as a judge of the Supreme Court. </li></ul><ul><li>Such a person will be entitled to allowances as the President may determine and shall have all the jurisdiction, powers and privileges that are enjoyed by regular judges </li></ul>
  12. 12. Supreme Court of India <ul><li>Jurisdiction </li></ul><ul><li>1. Original jurisdiction 2. Appellate jurisdiction 3. Advisory jurisdiction </li></ul><ul><li>Original Jurisdiction </li></ul><ul><li>The Supreme Court hears directly any dispute, </li></ul><ul><li>(i) between the Government of India and one or more States, </li></ul><ul><li>(ii) between the Government of India and any State or States on one side and one or more States on the other or </li></ul><ul><li>(iii) between two or more States. </li></ul><ul><li>Such a dispute should, however, involve some question of law or fact on which the existence or extent of a legal right depends. </li></ul><ul><li>The treaties concluded between the Centre and the princely states are excluded from the Court’s original jurisdiction. </li></ul>
  13. 13. Supreme Court of India <ul><li>Appellate Jurisdiction </li></ul><ul><li>The Supreme Court hears appeals against the judgment of a High Court: </li></ul><ul><li>In certain cases where a High Court certifies, </li></ul><ul><li>in a civil or criminal case, </li></ul><ul><li>that the case involves a substantial question of law as to the interpretation of the Constitution or </li></ul><ul><li>where the Supreme Court grants special leave for such an appeal. </li></ul><ul><li>In civil case where a High court certifies that the case involves a substantial question of law of general importance and </li></ul><ul><li>in the opinion of the High Court the said question needs to be decided by the Supreme Court. </li></ul>
  14. 14. Supreme Court of India <ul><li>In criminal cases where the High Court has, on appeal ; </li></ul><ul><li>reversed an order of acquittal and </li></ul><ul><li>sentenced the accused to death or </li></ul><ul><li>where the High Court has transferred the case from subordinate court to itself , </li></ul><ul><li>and then convicted the accused and sentenced him to death </li></ul><ul><li>and where the High Court certifies that the case is a fit one for appeal to the Supreme Court. </li></ul>
  15. 15. Supreme Court of India <ul><li>Advisory Jurisdiction </li></ul><ul><li>If at any time it appears to the President that a question of law or fact has arisen or is likely to arise which is of such a nature and of such public importance </li></ul><ul><li>that it is expedient to obtain the opinion of the Supreme Court upon it he may refer the question to the Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereupon. </li></ul><ul><li>However, this advice of the Court is binding neither on the President nor on the parties affected by the opinion. </li></ul>
  16. 16. Supreme Court of India <ul><li>Review of Judgements </li></ul><ul><li>The Supreme Court is empowered to review any judgement pronounced by it. </li></ul><ul><li>Enforcement of Supreme Courts’ Orders and Decrees : </li></ul><ul><li>The decisions of the Supreme Court are binding on all the courts in India. All the civil and judicial authorities are required to assist and aid the Court in the execution of its orders. </li></ul>
  17. 17. Supreme Court of India <ul><li>Guardian of the Constitution : </li></ul><ul><li>The principal function of the Supreme Court is to act as the guardian of the Constitution, particularly relating to the Fundamental Rights guaranteed to the citizens. </li></ul><ul><li>The Supreme Court has concurrent right with the High Courts to issue directions, orders and writs for enforcement of Fundamental Rights, particularly </li></ul><ul><li>the writs of habeas corpus </li></ul><ul><li>mandamus, prohibition, certiorari, and </li></ul><ul><li>quo warranto. </li></ul>
  18. 18. Supreme Court of India <ul><li>Court of Record </li></ul><ul><li>The judgments of the Supreme Court are recorded and considered authoritative and serves as cases, laws or precedents. </li></ul><ul><li>Contempt of Court </li></ul><ul><li>The Supreme Court can start contempt proceedings against anyone who indulges in malicious propaganda against the judges or tries to influence the judges . </li></ul>
  19. 19. Supreme Court of India <ul><li>Public Interest Litigation </li></ul><ul><li>Till recently the judiciary, including the Supreme Court, entertained litigation only from those parties that were affected directly by it. </li></ul><ul><li>But during the last few years, a new practice has been started. </li></ul><ul><li>People, who are not involved directly in the case, may file litigation, if it is in the general public interest. </li></ul><ul><li>It is the privilege of the Court to entertain or not the application for Public Interest Litigation </li></ul>
  20. 20. Supreme Court of India <ul><li>To sum up, we can say that the Supreme Court is a powerful institution of the Indian federation. </li></ul><ul><li>It not only protects the interests of units of the federation but also guarantees the enforcement of constitutional provisions. </li></ul><ul><li>It safeguards the Fundamental Rights of the citizens and keeps a check both on the executive and the legislative wings of the government. </li></ul>

×