"Judiciary"
️ Judiciary :-
The judiciary is an important third organ of the government which is seen as the arbitrator of disputes between various individuals or private entities to protect the rule of law and ensure the supremacy of law. For this it is necessary that the judiciary can take independent decisions free from any political pressure.
The judiciary is accountable to the country's constitution, democratic tradition and people.
The legislature and the executive should not obstruct the work of the judiciary in any way and the judiciary can function properly.
Judges can do their work without fear or discrimination.
Establishment of Judiciary :-
Under the Government of India Act 1935, provision has been made for the establishment of the Federal Court, under which the Federal Court in India was established on 1 October 1937. Its first Chief Justice was Sir Maurice Guerre. After India's independence, the Supreme Court was inaugurated on 28 January 1950 in Delhi.
️ Pyramidal Structure of Judiciary :-
️ Independence of Judiciary :-
The independence of the judiciary means that the other two organs of the government, the legislature and the executive, do not interfere with the work of the judiciary and do not interfere with their functions in any way so that they can do their work properly and do justice fairly.
In a federal government, the responsibility of resolving disputes between the union and the states and maintaining the supremacy of the constitution rests with the judiciary itself. Along with this, he also has the responsibility of protecting the fundamental rights, for this it is very important for the judiciary to be independent and impartial.
️ Constitution of Supreme Court :-
The provision regarding the constitution of the Supreme Court is given in Article 124 (1) of the Constitution. Under Article 124 (1), the number of judges of the Supreme Court in the original constitution was kept at 8 including one Chief Justice and seven other judges.
Parliament has been given the right to decide the number of judges of the Supreme Court, the jurisdiction, the salary and conditions of the judges. By exercising this power, the Parliament has increased the number of judges from time to time, at present the total number of judges in the Supreme Court is 31.
️ Judge :-
To be appointed as a judge, a person must have experience of advocacy or an expert in law. They have a fixed tenure. He remains in his post till his retirement. Judges can be removed in special circumstances. The judiciary is not financially dependent on the legislature or the executive.
️ Appointment of Judge :-
Cabinet, Governor, Chief Minister and Chief Justice of India – all of them influence the process of judicial appointment.
In the context of the appointment of the Chief Justice, it is also a tradition that the senior most judge of the Supreme Court is elected as the Chief Justice, but this tradition has been broken twice in India.
The President appoints other judges of the Supreme Court and High Courts on the advice of the Chief Justice of India. So that both the independence of the court and the balance of power are maintained.
Appointment of Chief Justice of Supreme Court :-
The Chief Justice of the Supreme Court is appointed by the President of India.
️ Procedure for removal of judges of Supreme Court :-
by impeachment
On the allegation of disqualification
Resolution passed by special majority
After majority in both the houses
️ Constitution of High Court :-
Provision has been made about the High Court of the States in Part 6, Articles 214 to 232 of the Constitution.
The High Court is the highest court of the state.
Every High Court consists of a Chief Justice and such other judges as the President may from time to time appoint under Article 216.
The number of judges of the High Courts is not fixed, their number from time to time as per the requirement.
Can be extended by the President.
At present the number of High Courts is 24.
Qualifications of Judges of Supreme Courts :-
He should be a citizen of India.
He should have been a Judge of a High Court for at least five years or he should have been an advocate in one or more High Courts for at least 10 consecutive years.
He should be an accomplished jurist in the eyes of the President.
️ Tenure of Judges of Supreme Courts :-
All the judges of the Supreme Court (Chief Justice and other judges) hold their office till the age of 65 years.
️ Jurisdiction of Supreme Court :-
🔶 original jurisdiction: -
Original jurisdiction means that some cases can be heard directly by the Supreme Court. In such cases, it is not necessary to first hear in the lower courts. This right gives him the role of an umpire or adjudicator in all disputes relating to treaty matters.
🔶 writ jurisdiction: -
The Supreme Court can give its special order in the form of a writ to prevent the violation of fundamental rights. The High Court can also issue writs. Through these writs, the court can order the executive to do or not to do something.
🔶 appellate jurisdiction: -
The Supreme Court is the highest court of appeal. Any person can appeal against the decision of the High Court to the Supreme Court. But for this the High Court has to give a certificate that it can appeal to the Supreme Court. Appellate jurisdiction means that the Supreme Court will reconsider the entire case and re-examine its legal issues.
🔶 advisory jurisdiction: -
In addition to original and appellate jurisdiction, the Supreme Court has advisory jurisdiction.
️ Privileges :-
Hearing on appeal under special live petition on the decision given by an Indian court.
Public interest litigation or social behavior litigation has been the main instrument of judicial activism in India.
After 1979-80, through public interest litigations and judicial activism, the judge showed interest in cases where certain sections of the society could not easily avail the services of the court. To fulfill this purpose, the court allowed civil, social organizations and lawyers filled with the spirit of public service to file petitions on behalf of the needy and poor people of the society.
Judicial activism democratized the judicial system and forced the executive to become accountable.
Tried to make the election system more free and fair.
Directed the contesting candidates to give affidavits regarding their property income and educational qualifications, so that people can elect their representatives on the basis of correct information.
️ Appeal :-
To hear appeals on the cases of subordinate courts related to civil, criminal and constitutional questions.
️ Advisory :-
To advise the President on matters of public interest and on matters of law.
️ Functions of Supreme Court of India :-
Its decisions are to be obeyed by all courts.
It can transfer judges of the High Court.
It can call for the case of any court.
It can send the case going on in one High Court to another High Court.
️ Functions of High Court :-
Can hear appeals made on decisions of lower courts.
Can issue writs to restore fundamental rights.
Can dispose of cases falling under the jurisdiction of the state.
Supervises and controls the courts subordinate to him.
️ Functions of District Court :-
Hears the cases filed in the district.
Hears the appeals made on the decisions of the lower courts.
Gives decisions on serious criminal cases.
Negative aspect of active judiciary :-
Increased workload in the judiciary.
Judicial activism made it difficult to differentiate between the functions of the legislature, executive and judiciary, such as removing air and noise pollution, checking corruption and making electoral reforms, etc.
Each part of the government should respect each other's powers and jurisdiction.
️ Right of Judicial Reclosing :-
Judicial review means that the Supreme Court can examine the constitutionality of any law, if it is contrary to the provisions of the constitution, then it can declare it unconstitutional.
The Supreme Court can also exercise the power of judicial review in the case of a federal relationship (Centre-State relation).
The judiciary interprets the laws passed by the legislature and the constitution. Effectively protects the Constitution.
Protects civil rights.
Defense of citizens' authority by PILs has increased the power of the judiciary.
️ Judiciary and Parliament :-
In the Indian Constitution, each organ of the government has a clear mandate. Despite this division of work, the conflict between Parliament and the judiciary and between the executive and the judiciary has been a feature of Indian politics.
Right to property.
Regarding the power of the parliament to amend the constitution.
Fundamental rights cannot be limited by them. Preventive Detention Act.
Laws related to reservation in jobs.
️ Supreme Court's decision in 1973 :-
There is a basic structure of the Constitution and no one including Parliament can tamper with this basic structure. This basic structure cannot be changed even by constitutional amendment.
Regarding the right to property, the court said that it is not a part of the basic structure, appropriate restrictions can be imposed on it.
The decision of the Court to decide whether an issue is part of the basic framework or not is the best example of the power of interpreting the Constitution.
The subject of dispute between the Parliament and the judiciary remains. The Constitution has to provide that the conduct of the judges cannot be discussed in the Parliament but on rare occasions the conduct of the judiciary has been pointed out. Similarly, the judiciary has also criticized the legislature on several occasions.
In a democracy, the respect of one part of the government to the authority of another is very important.
