Judiciary

Judiciary

Solved Objective Questions related to this topic

• There are various levels of judiciary in India —the Supreme Court of India at the top, followed by High Courts in states, District Courts at districts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom.
• The Indian judiciary is independent of the executive and legislative branches of government.

Supreme Court

• The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India.
• Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India.
• The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 Judges – leaving it to Parliament to increase this number.
• Parliament increased the number of Judges from 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978 and 26 in 1986.
• In 2008, The Parliament has increased the strength of Supreme Court to 31 (1 Chief Justice + 30 other judges).
• The President can appoint adhoc Judges in the Supreme Court.
• The senior most Judge of Supreme Court is appointed as the Chief Justice of India.
• Supreme Court Judges retire upon attaining the age of 65 years. The Constitution does not prescribe time limit for a judge to occupy his office.
• The proceedings of the Supreme Court are conducted in English only.

Qualification

Qualification to be a judge of Supreme Court

1.  A person must be a citizen of India

2.  He/she must have been, for at least five years, a Judge of a High Court or of two or more such Courts in succession

3.  Or an Advocate of a High Court or of two or more such Courts in succession for at least ten years

4.  Or the person must be, in the opinion of the President, a distinguished jurist.

Selection or Method of Appointment of Judges:

There are various methods of selection of judges:

1.  Election by the people- Such a system now prevails in certain Cantons of Switzerland. Although this method may sound highly democratic, such a method of selection of the judge is unsound. Ordinary voters are not qualified to consider the suitability of judges. Moreover, a popularly elected judge is likely to favor the party, which sponsored his election.
2. Elections by legislature- This method is in vogue in Switzerland. Such a mode of appointment violates the theory of the separation of powers.Moreover, the judiciary cannot function as the guardian of the constitution. Judges elected by the legislature are not likely to declare acts of the same legislature unconstitutional. Thus, the independence and impartiality of the judges would be lost.
3. By executive nomination- In India, the President of India nominates the judges of the Supreme Court and the High Courts. This is a satisfactory mode of appointing the judges. Such appointments are generally made from and among the senior practicing lawyers.
4. Through a competitive examination- In France, judges are selected on the basis of a competitive examination conducted by the Ministry of Justice. In India, too, judges of the lower courts such as Munsifs are selected on the basis of competitive examinations.

Of all these methods, the most popular is the last mentioned mode of choosing judges, for it ensures the independence of the judiciary.

Appointment of Judges of Supreme Court

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Independence of judiciary

The Constitution seeks to ensure the independence of Supreme Court Judges in various ways:

1.        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 misbehavior or incapacity.
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3.       The salary and other allowances of the Judges cannot be reduced during the term of their office except during financial emergency.
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5.       A person who has been a Judge of the Supreme Court is debarred from practicing in any court of law or before any other authority in India.

Jurisdictions of Supreme Court

1.       Original Jurisdiction (Article 131)

1. This refers to the cases that directly originate in the Supreme Court.
2. It has original jurisdiction in any dispute between:

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2.      Appellate Jurisdiction (Articles 132 to 136)

• This refers to the power of reviewing and revising the orders of lower courts and tribunals.
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• Normally, these appeals are in cases involving substantial question of law of general importance or interpretation of the Constitution or death penalty awarded by a High Court.

3.      Advisory Jurisdiction(Article 143)

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4.      Writ Jurisdiction

• The Supreme Court is the guardian of the individual liberties and fundamental rights. It has the power to declare a law passed by any 
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