JUDICIARY

THE SUPREME COURT AND

HIGH COURT

Unified Judiciary

Features of the Indian Judiciary

Power of Judicial Review

Judicial Independence

SYSTEM OF COURTS IN INDIA

• At National level – Supreme Court of India

• At State level – High Court

• At District and Subordinate level – Subordinate Courts (Civil and Criminal)

Supreme Court

Structure of the Indian Judiciary

Supreme Court

Structure of the Indian Judiciary

High Courts

Supreme Court

Structure of the Indian Judiciary

High Courts

District Courts

Structure

Supreme Court

High Court

District Court

Civil Judge Small Civil

Cases Criminal

Magistrate

Supreme Court of India

THE SUPREME COURT

• The highest court of appeal in India

• Works as the guardian of our constitution

• Settles constitutional disputes between the union and the states and between the states.

• Works as an appellate court, taking up appeals against the judgments of the High Courts.

• It takes writ petitions in cases of serious human rights violations as well as issues requiring immediate resolution.

NEED FOR A SUPREME COURT • To settle the disputes arising between the units of federation

• Proper functioning of the governments at both union and state levels

• Settles disputes between two governments or two or more states regarding provisions of the constitution

• Supreme court is regarded as the final interpreter and the guardian of the constitution.

• Protector of the Fundamental Rights

• In case of violation of fundamental Rights, the Supreme Court can issue writs or orders to the concerned authorities

• Through the years it has broadened the scope of these Fundamental rights

• Giving new meaning to the Constitution

• Enables the constitution to adjust with the changing situations of the society.

POWERS AND FUNCTIONS OF THE SUPREME COURT

• Original jurisdiction

• Appellate jurisdiction

• Advisory Jurisdiction

• Revisory Function

• Enforcement of Fundamental Rights

• Judicial Review

• Court of Record

• Public Interest Litigation (PIL)

• Administrative Functions

POWERS AND FUNCTIONS OF THE HIGH COURT

• Original jurisdiction

• Appellate jurisdiction

• Advisory Jurisdiction

• Enforcement of Fundamental Rights – Issue of Writs

• Judicial Review

• Court of Record

• Revisionary Jurisdiction

• Administrative Functions

SUPREME COURT Original Jurisdiction - The Supreme Court performs various

functions: In cases which are brought before it in the first instance i.e, those cases which cannot be moved in any court other than the Supreme Court

Centre-state or inter-state disputes – (i) between Government of India and one or more states or

(ii) Between Government of India and any state or states on one side and one or more states on the other.

(iii) Disputes between two or more states

Interpretation of Constitution - Cases where interpretation of the Constitution is required can be directly filed in the Supreme Court

Issue Writs – Enforcement of fundamental rights

Power of Judicial Review - Cases related to Judicial Review

To review and to decide whether a law passed by legislature complies with the provisions of the Constitution

HIGH COURT Original Jurisdiction - applicable to those cases that are

brought before the High Court for the first time

Disputes related to state revenue and its collection

Disputes related to divorce, admiralty , wills and laws relating to marriage and company law

Issue Writs – Enforcement of fundamental rights

Power of Judicial Review - Cases related to Judicial Review

To review and to decide whether a law passed by legislature complies with the provisions of the Constitution

Powers and Functions

SUPREME COURT Appellate Jurisdiction - Supreme Court is the final Court of Appeal

( a court which may change the decision or reduce the sentence passed by the lower courts). Under this jurisdiction, cases brought before the Supreme court as an appeal against the judgement passed by any other court in the country. The cases brought under this jurisdiction are as follows :

Constitutional Cases

Cases where the decision of the High Court requires substantial interpretation of the Constitution.

If the High Court refuses to certify a case in the above condition the Supreme Court may grant Special Leave to appeal

Civil Cases

Any civil case where a High Court certifies that the case involves a substantial question of law and it had to be decided by the Supreme Court.

SUPREME COURT Appellate Jurisdiction – contd

Criminal Cases : Where a person is acquitted (free someone from a criminal charge) by the

Sessions Court but awarded capital punishment by the High Court can be brought, on appeal, to the Supreme Court.

Where a High Court withdraws the case from a lower court, convicts a person and awards capital punishment (the legally authorized killing of someone as punishment for a crime)

Special Leave to Appeal ( Special Leave Petition) : If the High Court refuses to certify a case in any of the above conditions the Supreme Court may grant Special Leave to Appeal.

What is Special Leave to Appeal : If the High Court refuses to certify a case to be appealed in the Supreme Court, a Special Leave to Appeal can be obtained from the Supreme Court itself. The Supreme Court grants permission to appeal against any judgement of the High Court or any other courts or Tribunals.

HIGH COURT Appellate Jurisdiction : the appellate jurisdiction of the High

Court means that the High Court has the power to accept appeals against the decisions of the District Courts, in civil and criminal matters.

Civil Cases : In civil cases the High Courts hear the appeals against the decisions of District Judges.

Criminal Cases : When a sentence of imprisonment is declared for more than 7 years by a sessions judge.

Powers and Functions

ADVISORY JURISDICTION OF SUPREME COURT

Advisory Jurisdiction : To advise the President on legal issues

The President of India may seek advice of the Supreme Court on important questions of law or facts of public importance and it is necessary to obtain the opinion of the Supreme Court. The Supreme Court is not bound to express any opinion and its advisory opinion is not binding on the President.

ADVISORY JURISDICTION OF HIGH COURT

Advisory Jurisdiction : To advise the Governor or a government department on legal issues.

The High court may advise the legislature, the governor or any other government department if they seek it, in both constitutional and other matters of law. However they are not bound to accept the advice.

Powers and Functions

ADMINISTRATIVE FUNCTION SUPREME COURT

ADMINISTRATIVE FUNCTION – Administration of all High courts and subordinate courts.

Regulation of procedure and appointment of services in subordinate courts with the approval of the President.

Issue orders to other courts so that people get better, quicker and cheaper justice.

ADMINISTRATIVE FUNCTIONS – Administration of all subordinate courts.

Regulation of procedure and appointment of services in Subordinate courts.

Issue orders to Subordinate courts for better justice.

ADMINISTRATIVE FUNCTION HIGH COURT

Powers and Functions

COURT OF RECORDS SUPREME COURT AND HIGH COURT

A court of record is one, whose judgments are recorded for evidence and testimony for future reference.

They are not to be questioned by subordinate courts.

The judgements are in the nature of precedents. (examples or guides)

The Supreme court and the high courts have the power to a person or an organisation for committing contempt of Court.

GUARDIAN OF FUNDAMENTAL RIGHTS SUPREME COURT AND HIGH COURT

Can issue the following writs to enforce Fundamental Rights –

HABEAS CORPUS –To relieve a person unlawfully detained.

MANDAMUS – To enforce an inferior court or an individual to perform its duty.

PROHIBITION – To prohibit a lower court from exercising powers not legally vested with.

CERTIORARI – To ask a lower court to hand over the record of a particular case.

QUO WARRANTO – To prevent an individual or company from continuing office illegally held.

PUBLIC INTEREST LITIGATION – SUPREME COURT AND HIGH COURT

• The Supreme Court, in recent years, has started to entertain issues and matters in which the interest of the public at large is involved.

• On such issues, individuals or a group of persons can move to the Supreme Court either by filing a writ petition or simply by addressing a letter to the Chief Justice of India highlighting the issue and its importance to the public at large. Such a concept is popularly known as public interest litigation.

• The Supreme Court has used its jurisdiction in several PILs and gave landmark judgements on matters of public importance.

REVISORY FUNCTION OF THE SUPREME COURT

• The Supreme Court has the power to review any judgment pronounced by it.

• This provision shows that human judgement is fallible and the Court may rectify something that was misjudged.

• The Supreme Court cannot allow errors to continue indefinitely.

• It causes harm or damage to the general welfare of the public.

REVISIONARY FUNCTIONS OF THE HIGH COURT

• The High Court may call for the record of any case which has been decided by a subordinate court.

• If the High Court feels that the subordinate court has exercised a jurisdiction not vested in it or has acted with gross irregularity, it may make such order in the case as it deems fit

• This is known as the revisional jurisdiction of the High Court