2. Introduction
Judiciary is one of the three wings of the State.
Though under the Constitution the polity is dual the judiciary
is integrated which can interpret and adjudicate upon both
the Central and State laws.
The structure of the judiciary in the country is pyramidal in
nature.
At the apex, is the Supreme Court.
3. WHY DO WE NEED AN
INDEPENDENT JUDICIARY….?
The principal role of the judiciary is to protect rule of law
and ensure supremacy of law.
It safeguards rights of the individual, settles disputes in
accordance with the law and ensures that democracy does
not give way to individual or group dictatorship.
In order to be able to do all this, it is necessary that the
judiciary is independent of any political pressures.
4. Supreme Court of India
CJ & 30 other judges
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)
5. Independence of Judiciary
The other organs of the government like the executive and
legislature must not restrain the functioning of the judiciary in
such a way that it is unable to do justice.
Judges must be able to perform their functions without fear or
favour.
Judiciary is accountable to the Constitution, to the democratic
traditions and to the people of the country.
6. Jurisdiction
1. Original jurisdiction 2. Appellate jurisdiction 3. Advisory
jurisdiction
Original Jurisdiction
The Supreme Court hears directly any dispute,
(i) between the Government of India and one or more States,
(ii) between the Government of India and any State or States
on one side and one or more States on the other or
(iii) between two or more States.
7. Appellate Jurisdiction
The Supreme Court hears appeals against the judgment of a
High Court:
In civil case
When in the opinion of the High Court the said question
needs to be decided by the Supreme Court.
In criminal cases where the High Court has convicted the
accused and sentenced him to death and where the High
Court certifies that the case is a fit one for appeal to the
Supreme Court.
8. Advisory Jurisdiction
If President seeks advice of Supreme Court on any issue
related to public interest, SC gives such advice.
This advice of the Court is binding neither
on the President nor on the parties affected
by the opinion.
9. Enforcement of Supreme Courts’ Orders and Decrees:
The decisions of the Supreme Court are binding on all the
court in India.
All the civil and judicial authorities are required to assist
and aid the Court in the execution of its orders.
10. Public Interest Litigation (PIL)
Till recently the judiciary, including the Supreme Court,
entertained litigation only from those parties that were
affected directly by it.
But during the last few years, a new practice has been
started.
People, who are not involved directly in the case, may file
litigation, if it is in the general public interest.
It is the privilege of the Court to entertain
or not the application for Public Interest Litigation
11. Husnara Khatoon Vs State of Bihar:
In December 1979, Kapila Hingorani had filed a petition
regarding the condition of the prisoners detained in the Bihar
jail, whose suits were pending in the court.
The case got filed in the Supreme Court and was filed by the
name of the prisoner, Husnara Khatoon, hence the petition
came to be known as Husnara Khatoon Vs State of Bihar.
In this case, the Supreme Court upheld that the prisoners
should get benefit of free legal aid and fast hearing.
Because of this case 40,000 prisoners, whose suits were
pending in the court, were released from the jail.
12. Appointment of Judges
Article 124
says that:
“every Judge of the Supreme Court shall be
appointed by the President by warrant under his hand
and seal after consultation with such of the Judges of
the Supreme Court and of the High Courts in the
States as the President may deem necessary for the
purpose and shall hold office until he attains the age
of sixty-five years”
13. While appointing the Judge of the Supreme Court the
President is bound to consult the (CJI) Chief Justice of India.
Appointment Procedure:
President Chief Justice of India Four Senior
judges
14. Qualification for Appointment as
Judge
Citizen of India
High Court Judge for at least 5 years
OR
High Court Advocate for at least 10 years
OR
Distinguished Jurist
A lawyer can be made a judge by president- asks
CJI-asks junior judges- may lead to corruption or
favourism.
15. Independence of Judges
Appointment of Judges after Consulting Judges……special
powers.
Power to punish for its Contempt
Removal by Special Majority: Very difficult
Salaries and Pensions cannot be varied to their disadvantage
Discussion of the conduct of Judges forbidden in Parliament
16. Impeachment of a Judge
Grounds: Proved Misbehaviour or Incapacity
Procedure:
A Proposal addressed to the President signed by 100
members of Loksabha or 50 members of Rajyasabha
President Judges’ Inquiry Committee
Proposal carried in each House by majority of the total
membership and by a majority of at least two thirds
members present.
President’s order for removal of the Judge
Once it was tried but failed.
17. Impeachment Attempt
Unsuccessful Attempt to Remove a Judge In 1991 the first-
ever motion to remove Court Justice .
Justice Ramaswamy, during his tenure as the Chief Justice of
the Punjab High Court was accused of misappropriating
funds.
In 1992, a high-profile inquiry commission consisting of
Judges of Supreme Court .The committee found Ramaswami
guilty of 11 out of 14 charges while serving as chief Justice of
Punjab and Haryana.
The impeachment motion was placed in the assembly for
debate and voting on 10 May 1993.
18. 401 members present in the assembly that day,
there were 196 votes for impeachment
The motion which required not less than two third majority of the
total number of members present in both houses of the
Parliament and an absolute majority of its total membership thus
failed to pass.
19. CJI as Acting President of India
The constitution of India provides that the Chief
Justice of India shall act as the President of India
in the event of the offices of both the President
and the Vice President being vacant.
When President Zakir Hussain died in office, the
Vice President VV Giri, acted as the President.
However, Mr. Giri resigned as the Vice President.
The Chief Justice Hidayatullah became the acting
President of India.
20. 1 H. L. Dattu (CJI since Yesterday) 17 December 2008 2 December 2015
2 T. S. Thakur 17 November 2009 3 January 2017
3 Anil R. Dave 30 April 2010 18 November 2016
4 S. J. Mukhopadhaya 13 September 2011 14 March 2015
5 Ranjana P. Desai 13 September 2011 29 October 2014
6 J. S. Khehar 13 September 2011 27 April 2017
7 Dipak Misra 10 October 2011 2 October 2018
8 Jasti Chelameswar 10 October 2011 22 June 2018
9 Fakkir Mohamed Ibrahim Kalifulla 2 April 2012 22 July 2016
10 Ranjan Gogoi 23 April 2012 18 November 2019
11 Madan B. Lokur 4 June 2012 30 December 2018
12 M. Y. Eqbal 24 December 2012 12 February 2016
13 V. Gopalagowda 24 December 2012 5 October 2016
14 Vikramajit Sen 24 December 2012 30 December 2015
21. 16 Pinaki Chandra Ghose 8 March 2013 27 May 2017
17 Kurian Joseph 8 March 2013 29 November 2018
18 Arjan Kumar Sikri 12 April 2013 6 March 2019
19 Sharad Arvind Bobde 12 April 2013 23 April 2021
20 Shiva Kirti Singh 19 September 2013 12 November 2016
21 Chockalingam Nagappan 19 September 2013 3 October 2016
22 Rajesh Kumar Agrawal 17 February 2014 4 May 2018
23 N. V. Ramana 17 February 2014 26 August 2022
24 Arun Mishra 7 July 2014 2 September 2020
25 Adarsh Kumar Goel 7 July 2014 6 July 2018
26 Rohinton Fali Nariman 7 July 2014 12 August 2021
27 Abhay Manohar Sapre 13 August 2014 27 September 2019
28 R. Banumathi 13 August 2014 19 July 2020
29 Prafulla Chandra Pant 13 August 2014 29 August 2017
30 Uday Umesh Lalit 13 August 2014 8 November 2022
22. Controversy on Appointment of Current
SC Judge
1) Lalit represented Amit Shah in cases involving
the fake encounter killing of Sohrabuddin Sheikh
and Tulsiram Prajapati in Gujarat.
2) He is also the special public prosecutor in the
2G spectrum scam case involving the gifting of
out-of-turn mobile network licenses by the
previous government to companies who
allegedly paid big kickbacks.
3)Lalit is the sixth lawyer directly elevated to the
top court as a judge.
Uday U. Lalit
23.
24. Habeas Corpus
Mandamus
Prohibition
Certiorari
Quo Warranto
Writ
Jurisdiction
25. Issued to a person who has been detained
illegally by another person
Infringement of Right to Freedom and other FR
Essential for mal practices due to corruption
Issued when Petition by friend or Relative or
the person himself
Habeas Corpus
26. Person is required to be produced in court
Issued against a person but it is addressed to
Government
An Official
Private Person
Limitation is it cannot be issued if the detention is legal
Hans Raj Khanna during Emergency
Habeas Corpus
27. Mandamus
Court is asking a public authority to perform
its duty by issuing mandamus
Issued only against Public Authority
Writ available against:
Government
Public Servant
Judicial Body
28. Writ not available against
President of India
Governor
Private Individual
The Shankaracharya Case
Mandamus
29. Court asks Lower court to prevent not to act
i.e. it directs inactivity
It is issued when the any court entertain any
case which is beyond its jurisdiction or when
higher court does not want a special case to
be taken by lower court.
During pendency of proceeding (Prevention)
Prohibition
30. Prohibition is issued before decision is taken in
the court.
It is a preventive measure.
Issued to
Judicial Authority
Quasi-judicial Authority
Public Servant having duty to act judicially
Prohibition
31. Certitory is issued If any court acted
beyond its jurisdiction, higher court can
take the case from the lower court
cancelling the decision taken.
It is preventive + curative.
Case is transferred form lower court to
higher court
Certitory
32. Quo Warranto = What authority?
If someone has occupied one public place illegally
and affected FR of someone
Court will ask that person to vacant that post if
found guilty
Cannot issued against
Ministerial office
Private individual
Quo Warranto
