Civics Chapter 4
Civics Chapter 4
JUDICIARY
on
4
view of therights of individuals, which need
Syllabus protection against executive or legislative
eSupreme Court interference. This protection is given by
omposition, qualifications of judges, making the judiciary independent of the
pointment, independence of judiciary other two organs of the government.
the control of executive and legislature: (ii) An independent and supreme judiciary
sdiction and functions: Original, Appellate, is an essential requirement of a federal
isory, Revisory, Judicial Review andCourt governance. In a federal set-up, there is a
Becord. Enforcement of FundamentalRights constitutional division of powers between
and Writs. the executive, legislature and judiciary.
The Supreme Court not only safeguards
THE JUDICIARY the distribution of these powers but also
prevents any action that violates the
hder our Constitution the judiciary is a single limitations imposed by the Constitution.
and
ntegrated system of courts for the Union
he states with the Supreme Court at the apex. (ii) An independent and impartial judiciary is
By the single integrated system we mean: an essentialrequisite for ensuring human
rights and protecting democracy.
The Supreme Court is the head of the
entiresystem and not only supervises but THE SUPREME COURT
also exercises control over the functioning
of other courts.
Composition: The Supreme Court of India
more
consists of a Chief Justice of India and not
a
There are no separate sets of laws and than 33 other judges, until Parliament by
law
single civil and criminal system operates prescribes a larger number ofjudges. The Supreme
throughout the country.
Court (Number ofJudges) Amendment Act, 2019,
Allcases coming from the Lower Courts can which received the assent of the
President of
be taken to the High Court and ultimately India on August 9, 2019 increased the numnber
to the Supreme Court,by way of appeal. of judges of the Supreme Court (excluding the
Below the Supreme/ Court stand
the Chief Justice of India) from 30 to 33.
High Courts of different States and under
each High Court there /s a hierarchy af other
subordinate courts.
Supreme
Need for a Single intégrated Judiciary Court
Civics-10
216 Total History &
there is a motion
Remova of Judges: The Judges cannot of his duties except when
through for his removal.
removedfrom office by any authority after Retirement:
simple procedure. Ajudge can be 9. Prohibltion of Practice
yemovedby the President only for proved TheJudges are paid handsome
pensions butthey
their retirement.
isbehaviourand incapacity. This charge needs are not allowed to practise after
Judges are
proved only by a joint address by both This has been done so that the
be Judges, to
Housesof Parliament and supported by a two- not obliged, during their tenure as
Moreover, if theyare
hird
majority of members present and voting. any prospective emnployer. influence their
word proved' is very inportant. It means allowed to practise they might
presented after former colleagues in the judiciary.
bat an address can only be
allegation has been thoroughly examined JURISDICTION AND POWERS OF
tribunal.,
y Some impartial THE SUPREME COURT
3. Security of Tenure: AJudge can
remain of law
age of 65 Jurisdiction' is the power that a court
office till he/she has attained the and enforce
President exercises to carry outjudgernents
vears. He/Shecarn be removed by the the protector and
an the ground of "proved
misbehaviour or laws. The Supreme Court isConstitution. It has
incapacity." the final interpreter of the
jurisdiction as well
both original and appellate
4. Security of Salaries and Service as advisory jurisdiction.
Conditions: Judges' salaries, allowances, etc.,
shall not be changed to their disadvantage during Original Jurisdiction
Judges to hear
their term of office. The salaries of the Original Jurisdiction means the powerinstance:
of
cannot be reduced except during periods and determine a dispute in the
first
financial emergency.Their salaries and allowances be moved in any
i.e., those cases which cannot
Fund of India Court.
are charged on the Consolidated court other than the Supreme
Parliament.
and so are not subject to vote of Disputes:
1. Centre-State or Inter-States exclusive
and
5. Freedom to Announce Decisions The Supreme Court has been given
Decrees: The Judges are free to announce their original jurisdiction in any dispute
decisions and decrees in the court chambers and one or
(i) between Government of India
without any danger to their person, property more States; or
or fame. Their decisions cannot be criticis ed any
in public or by the press. It is the
duty of the (ii) between Government of India and
or
State or States on one side and one
State to ensure their personal safety at all costs.
more States on the other; or
6. Punishment for Conternpt of Court: The
Supreme Court can punish for the contempt (iii) between two or more States.
an
of court if a person or authority makes Exception: This jurisdiction shall not
attempt to lower its authority. extend to:
7. Full Control ver its Procedure of Work (i) a dispute arising out of a treaty, agreement,
and Establish ment: The Supreme Court is etc., which is in operation,
free to decide its own procedures of work and
(ii) in certain other matters such as
its establishment as well as the conditions of inter-State water disputes, matters referred
service of its employees. Thus, it is free fromn to the Finance Commission, and
influence of any outside agency.
(ii) adjustment of certain expenses and
8. No Discussion in the Legislature on pensions between the Union and the States.
the Conduct of Judges: No discussion can
take place in the Parliament regarding the 2. Protection of Fundamental Rights:
conduct of any judge or about the discharge The original jurisdiction also extends to cases
217
The Supreme Court
important point oflaw and needs
of violation of the Fundamental Rights
individuals and the court can issue several
of
of the Constitution, can be brought before
interpretation
Writs for the enforcement of these tights. Any Supreme Court. If the High Court refuses
case the
individual cn appreach the Supreme Court in Rive a certifleate on such a Supreme
appeal
case of violatien oa undamental riglht. Court can grant special leave of
2. Clvil Cases: Appeals in civil matters lie to
8. Teansfet of Cases from Lower Courts:
Under Article 139 A inserted by the 44th the Supreme Court, if the High Court certifes:
Amendment in 1978, the Supreme Court may () that the case involves a substantial
transfer to itself cases from one or more High question oflaw of general importance, and
Courts, if these invelve questions of law or (i) that the question needs to be decided
cases are of great importance The Supreme by the Supreme Court.
Court may transfer cases from one High Court
to another in the interest of Justice. However, if the High Court refuses to give a
certificate, the Supreme Court can grant special
4. Interpretation of Constitution: All cases,
cases where interpretation of the Constitution leave to appeal in suitable
is required can be directly iled in the Supreme 3. Criminal Cases: Two types of appeals
Court. The Supreme Court has the power of in criminal cases lie in the Supreme Court:
exclusive jurisdiction in regard to questions as (i) Cases without the certificate of the High Court
to Constitutional validity of central laws.
(i) Cases with the certificate of the High Court
Appellate Jurisdiction The certificate of the High Court js
Appellate Jurisdiction means the powers to grant
not required in a case:
special leave to appeal against the judgement
delivered by any court in the country It is a () where the High Court has reversed the
judgement of acquittal given by the Lower
Court of Appeal which means that it is a court Court and punished the accused with a
which may change the decision or reduce
the sentence passed by the lower courts. The death sentence;
Supreme Court is the final Court of Appeal. (ii) a case which is withdrawn by the High
An appeal lies to the Supreme Court from Court from a Subordinate Court and
any judgement or final order of a High Court sentenced the accused to death.
in India. The appellate jurisdiction extends to
Constitutional, civil and criminal cases. In all other criminal cases, a High Court
certification that the case involves a substantial
1. Constitutional Cases: All matters
point of law and interpretation of the Constitution
irrespective of the nature, where a certificate
is issued by a High Court that it involves an is required for appealing to the Supreme Court.
2I8
Total History & Civics-10
soryJurisdlctlon law utra vires or riull and void. if t is avasst
Supreme Court has advisory jurisdiction the letter and spirit ol the Constitution or
gIveits opinion) on any question of law or Coristitution
contravenes any provision of the
(puublic importance as may be referred to This power is refered to as the power ofjudicia
ctofconsideration
for
by the President of India. review. The minimum number of Judges to hear
Supreme Court may be required to express and decide a case involving interpretation of
the the Constitution shall be five.
opinionin two classes of matters, in an
s
pdVisory capacity: The Supreme Court has the power to review
Any question of law may be referred to the all National and State laws and executive
Supreme Court if the President considers orders and declare them null and void, if they
that the question is of public importance go against the provisions of the Constítution.
and it is necessary to obtain the opinion For example, in 1970, the Supreme Court had
of the Supreme Court. Such opinion of the declared the following Acts of Parliament as
Supreme Court is advisory and not binding null and void:
on the Governmnent nor is it executable (i) Presidential order concerning derecognisation
as a judgement of the Supreme Court. of the former princes.
) Disputes arising out of pre-Constitution (i) Banking Companies Act, 1969, for the
treaties and agreements which are excluded nationalisation of 14 banks.
from original jurisdiction by Article 131.
(ii) In August 1999, the Supreme Court held
Revisory Jurisdiction that merit' should be the sole criterion
The Supreme Court under Article 137 is for admissions to post-graduate and other
empowered to review any judgement or order higher courses in medicine and engineering.
made by it with a view to removing any mistake
or error that might have crept in the judgement
Need for Judicial Review
or order. This is because the Supreme Court The Constitution has provided for a balance of
is a court of record and its decisions are of powers between the Centre and the States. If the
evidentiary value and cannot be guestioned in Union government or the State go beyond their
any court. limits, the Supreme Court can settle the dispute.
Judicial Review () In a written Constitution a law may be
The Supreme Court is the interpreter of the ambiguously worked. The question of
Constitution and its decision is final. It has the interpretation of the Constitution is bound
power to review laws passed by the Union or State to arise and the Supreme Court only has
legislatures. The Supreme Court can declare a the power of original jurisdiction.
Protector of Guardian of
Fundamental Constitution
Rights
Court of
Record
Appeals
Advisory
Judicial Review Jurisdiction
EXERCISES
1. Multiple-Choice Questions
. What is the naximum nunber of Judges that can be appointed in the Supremne Court,
excluding the Chief Justice of India?
(a) 30 (b) 33 (c) 34 (d) 28
2, What is the minimum period for which a citizen has to be the judge of a High Court or of two
or more such courts in succession in order to be appointed as a judge of
Supreme Courtr
(a) 5 years (b) 10 years (o) 2 years (d) 7 years
222 Total History & Civics-l10
What is the term of office of a judge of the Supreme Court?
ia) Until heattains 63 years (b) Until he attains 70 years
c) Until he attains 60 years (d) Until he attains 65 years
4 The appellatejurisdiction extends to
(a) Constitutional cases (b) Criminal cases
(c) Civil cases (d) All of the above
5. The minimum number of judges to hear and decide a case involving interpretation of the
Constitution shall be
(a) Ten (b) Four (c) Five (d) Seven
6. As a "Court of Record" the Supreme count has the power to
(a) punish for contempt of itself (b) fine for collusion of opposing parties
(c) declare evidence as indisputable (d) confer titles to appellants.
7. What is thefull form of "PIL"?
(a) Public Interest Law (b) Public Interest Litigation
(c) People's Interest Litigation (d) People's Interest Law.
within 24 hours of arrest.
8. Adetained person has not been produced before the magistrate
Which legal remedy is available to him/ her?
(a) Writ of Mandamus (b) Writ of Quo Warrants
(c) Writ of Habeas Corpus (d) Writ of Prohibition.
Government as null and void, which
9. If the Supreme Court declares a law made by the Central
power is used by it?
(a) Revisory Jurisdiction (b) Judicial Review
(c) Advisory Jurisdiction (d) All of the above.
223
The Supreme Court
IL. Structured Questions
1. The Supreme Court is the apex court in the entire judicial set up in India. In this
context answer the following questions:
Judicial System?
(a) What is meant by the term Single Integrated
under appellate Jurisdiction of the
(b) Mention three kinds of cases which come
Supreme Court.
under Original jurisdiction.
(c) Mention the types of cases that come
necessary in a federal democratic set-up. In this
2. The independence of the judiciary is
context, describe the part played by the following:
(a) Security of Tenure of Ofñce.
(b) Security of Salary and Allowances of the Judges.
(c) Power to punish for Contempt of itself.
jurisdiction. In this context answer the following:
3. The Supreme Court has extensive
Name two types of cases in which an
(a) What is meant by Appellate Jurisdiction ?
appeal shall lie to the Supreme Court.
of the Supreme Court? State the
(b) What do you understand by advisory functions
required to express its opinion.
types of cases where the Supreme Court may be
the Supremne Court?
(c) What is meant by Revisory Jurisdiction of
that the Supreme Court acts as:
4. Discuss how the Constitution has ensured
(a) Custodian of the Constitution.
(b) Guardian of the Fundamental Rights.
c) ACourt of Records and its implication.
interests of all citizens. In this
5. Supreme Court has many functions to protect the
context, answer the following questions:
(a) What is meant by Judicial Review?
(b) What is the significance of the power of Judicial Review?
(c) Mention three ways in which the Constitution ensures the independence of the
Judges of the Supreme Court.
IV. Picture Study
Study the figure and answer the following questions:
(a) ldentify the building in the picture. Where
is it located? What is the position of this
court in the entire judicial set up in India?
(b) State three qualifications required to be
the judge of this court.
(c) How does this court maintain the sanctity
of the Constitution of India?