• Indian constitution has established an integrated

judicial system with the Supreme Court at the top

and the high court below it.
• Below the HC, there is a hierarchy of subordinate
courts.
• This single system of courts, adopted from the
government of India Act of 1935, enforces both
central laws as well as the state laws
• Article 124 to 147 in Part V of the constitution deal
with the organization, independence, jurisdiction,
powers and procedures of the SC. The parliament is
authorized to regulate them
 Supreme Court
• The judges of the SC are appointed by the President
• The chief justice is appointed by the president after
consultation with such judges of the SC and high court as he
deems necessary
• The other judges of the SC are appointed by President after
consultation with the chief justice and such other judges of
the SC.
Qualification of judges
• He should be a citizen of India
• He should have been judge of a high court for five years or He
should have been an advocate of a high court for ten years
• He should be distinguished jurist in the opinion of the
President
Oath
• It is administered by the President of India or some person
appointed by him for this purpose
Tenure of judges
He holds office until he attains the age of 65 years. Any
questions pertaining to his age will be determined by
such authority as decided by Parliament
He can resign his office by writing to the President
He can be removed from his office by the President on
the recommendation of the Parliament
Salaries and allowances of the judges
They are determined by the parliament
The salaries and emoluments of the judges cannot be
varied to their disadvantage after their appointment
except during the financial emergency
President can appoint an acting chief justice of India
when-
• The office of CJI becomes vacant
• CJI is temporarily absent
• CJI is unable to perform the duties of his office
Ad hoc judge
When there is a lack of quorum, the CJI can appoint a
judge of high court to the SC bench
Such a step can be taken only with the prior permission of
the President and consultation with the CJ of the
concerned high court
While performing this duty, the newly appointed judge
receives the salary, powers and privileges of a judge of
the SC
• CJI can request a retired judge of the SC or retired judge of
the HC to act as a judge of the SC for a temporary period
• He can take this step after getting consent from the President
of India and also of the person to be so appointed
• The appointed person in this case will receive such salary and
allowances as determined by the President of India
Security of Tenure
Once appointed, the judges cannot be removed from the office
except by an order of the President and that too on the ground
of proven misbehavior and incapacity
The salaries and allowances of the judges are fixed and are not
subject to a vote of the legislature
Parliament can only add to the powers and jurisdiction of the
Supreme Court but cannot curtail them.
• No discussion in the legislature of the state with
respect to the conduct of any judge of Supreme Court
or of a High Court in the discharge of his duties
• Powers and Jurisdiction of Supreme Court: Parliament
can only add to the powers and jurisdiction of the
Supreme Court but cannot curtail them.
• No discussion in the legislature of the state with
respect to the conduct of any judge of Supreme Court
or of a High Court in the discharge of his duties.
• Both the Supreme Court and the High Court have the
power to punish any person for their contempt.
• Original jurisdiction
There are certain cases which fall within the exclusive
jurisdiction of the Supreme Court. It means that all
such cases begin or originate in the Supreme Court,
only. It also means that such cases cannot be initiated
in any other court.
• Disputes between the Government of India on the
one side and one or more States on the other side.
• Disputes between the Government of India and one
or more States on one side and one or more States
on the other side.
• Disputes between two or more States.
However, this jurisdiction does not extend in the
following situations
• A dispute arising out of any pre-Constitution treaty,
agreement, covenant, engagement, sanad or other
similar instrument.
• Inter-state water disputes.
• Matters referred to the Finance Commission.
• Adjustment of certain expenses and pensions
between the Centre and the states.
• Recovery of damages by a state against the Centre.
• Ordinary dispute of Commercial nature between
the Centre and the states.
• Writ Jurisdiction
SC is empowered to issue directions, orders or writs,
including writs in the nature of habeas corpus,
mandamus, prohibition, quo warranto and certiorari to
enforce them.
The aggrieved citizen can approach the SC directly and
not as a way of appeal
However, this jurisdiction is not exclusive to the SC since
the constitution empowers the HC to also issue write
Writ jurisdiction of the SC is narrower than HC since HC
can issue writs even for the enforcement of legal rights
while SC can only issue them when an individuals’
fundamental right has been violated
• Appellate jurisdiction
It appears appeals against the judgment of lower courts.
• Appeals in civil cases
Disputes relating to property, marriage, money, contract
and service etc are called civil cases. If a civil case involves
a substantial point of law of public importance needing
interpretatation of the Constitution or law, an appeal
against the High Court decision can be made to Supreme
Court
• Appeals in criminal cases
If a High Court sets aside an appeal or an order of
acquittal passed by a lower court and awards death
sentence to the accused, he may bring an appeal to the
Supreme Court by right.
• Appeal can also be made to the Supreme Court if the High
Court withdraws a case from a lower court to itself, declares
the accused guilty and awards death sentence
• May also be brought to the Supreme Court provided the High
Court grants a certificate that the case is fit for appeal to the
Supreme Court.
• Advisory jurisdiction
The Constitution under Article 143 authorizes the President to
seek the opinion of the Supreme Court in the two categories of
matters:
On any question of law or fact of public importance which has
arisen or which is likely to arise.
On any dispute arising out of any pre-constitution treaty,
agreement, covenant, engagement, sanad or other similar
instruments.
• Court of Record
It entails recording the judgments, proceedings and acts
of high courts for perpetual memory.
It has power to punish for contempt of court. This power
can be exercised even in cases where contempt has been
shown towards high court or a tribunal or any other court
in India
• Contempt of Court
Civil- Which is the willful disobedience of a court order or
judgment or willful breach of an undertaking given to a
court.
Criminal-That is written or spoken words or any act that
scandalizes the court or lowers its authority or prejudices
or interferes with the due course of a judicial proceeding
or interferes/obstructs the administration of justice.
 Judicial review
• Judicial review is the power of Judiciary to review any
act or order of Legislative and Executive wings and to
pronounce upon the constitutional validity when
challenged by the affected person.
• Judicial review can be classified into three categories-
reviews of legislative actions, review of judicial
decisions, and review of administrative action.
• It is only permissible to the extent of finding whether
the procedure in reaching the decision has been
correctly followed but not the decision itself.
• It is delegated to our superior courts only i.e. supreme
court and high court Cannot interfere in policy matters
and political questions unless absolutely necessary.
 Judicial activism
• It can be defined as a philosophy of judicial decision
making where by judges allow their personal views
regarding a public policy instead of
constitutionalism.
 High Court
• The number of judges in a high court unlike Supreme
Court is decided by the President of India rather than
the parliament
• The judges of a high court are appointed by the
president of India
• The Chief justice of a high court is appointed after
consultation with the CJI and governor of the state
concerned. If it is for a common high court, then the
governors of all the concerned state high court are
consulted
• In case of appointment of other judges to high court, it
was opined that CJI should consult a collegium of two
senior-most judges of the SC before recommending a
name to the President of India in the seminal third
judges case
• Qualification of judges
He should be a citizen of India
He should have held a judicial office in the territory of India for
ten years or
He should have been an advocate of a high court for ten years
• Tenure of judges
He holds office until he attains the age of 62 years. Any question
regarding his age will be determined by the President of India in
consultation with the CJI and the decision of the President is
final
He can resign from office by writing to the President
He can be removed from his office by the President on the
recommendation of the Parliament
He vacates his office when he is appointed as a judge of the SC
or when he is transferred to another high court
• The president can transfer a high court judge after
consultation with the CJI
The president can appoint duly qualified persons as
additional judges of a high court for a temporary period
not exceeding two years when
• There is a temporary increase in the business of the
high court
• There are arrears of work in the high court
The president can also appoint a duly qualified person as
an acting judge of a high court when a judge of that high
court is:
• Unable to perform the duties of his office due to
absence or any other reasons
• Appointed to act temporarily as chief justice of that
high court
 Sub-ordinate courts
• The appointments are made by the governor in
consultation with the high court
• He should not already be in the service of the
central or the state government
• He should have been an advocate or a pleader for
seven years
• He should be recommended by the High Court for
appointment
• They are made by the governor after consultation
with the state public service commission and the
high court
• Criminal courts
Sessions judge’s court (district level)
Chief Judicial magistrate court
Judicial magistrate court
• Civil court
District judge
Subordinate Judge’s court
Munsiff’s court