judiciary

• The judiciary of a country is a system of courts that interprets and applies laws, resolves disputes, and ensures justice under equal law irrespective of status, wealth, religion, and gender
• The Judiciary System of India forms the 3rd branch of the Indian government and derives its powers from the legal framework laid down by the Indian Constitution
• Main functions of the judiciary system:

  • To give justice
  • Responsibility to interpret the constitution and ensure that laws and government actions are in line with its provisions
  • Protect the rights of citizens
  • Guard the Constitution of India
  • Deliver and enforce judgments
• supreme courts role is to interpret laws passed by parliament and decide if they are constitutional or not
• The Supreme Court holds the highest judicial authority within a country's judicial system
• It interprets the law, settles legal disputes, and administers justice
• Decisions made by the Supreme Court set legal precedents that lower courts are generally obliged to follow
• The Supreme Court's decisions are binding and cannot be questioned or rejected by all the courts within the Indian subcontinent
• Certain cases can be filed directly in the Supreme Court without going through lower courts
• Composition of the Supreme Court:

  • Chief Justice of India
  • Not more than 30 other judges
• The Chief Justice of India and other judges are appointed by the President after consulting the Council of Ministers and senior judges
• Judges are chosen on the basis of seniority, not political preference
• The Supreme Court has original jurisdiction in matters of federal (national) or constitutional importance
• Original jurisdiction means that certain types of cases can be filed directly in the Supreme Court without going through lower courts
• Examples of cases under the Supreme Court's original jurisdiction:

  • Government vs one or more states
  • Government and one state(s) vs another state(s)
  • Violation of the Constitution by the government or a person
• An example of a case under the Supreme Court's original jurisdiction is the dispute between the Government of India and the State of Tamil Nadu regarding the distribution of Cauvery River water
• Another example is the Mhadei Water Dispute Tribunal case between Goa and Karnataka
• A landmark case under the Supreme Court's original jurisdiction is Kesavananda Bharati vs. State of Kerala (1973), which challenged the Kerala Land Reforms Act, 1963, imposing limitations on the right to property
• Appellate jurisdiction refers to the authority of a court to hear appeals from lower courts
• The Supreme Court (SC) is the highest court of appeal, serving as the final judicial authority within a legal system
• Parties can seek reparation or challenge decisions made by lower courts at the Supreme Court, which is the last resort for anyone dissatisfied with lower court outcomes
• Decisions made by the highest court of appeal, like the Supreme Court, are final and binding
• When parties "appeal" to a higher court, they request a review and reconsideration of a decision made by a lower court
• Filing an appeal involves asking the higher court to examine legal errors, technical irregularities, or other issues believed to have occurred during the lower court's proceedings or in the judgment itself
• The Supreme Court can hear appeals in civil, criminal, and constitutional cases
• ADVISORY JURISDICTION: The president of India can seek its advice on any matter of public importance or legal significance. However, the advice given by the Supreme Court is not binding. Apart from this 3-fold jurisdiction, the SC also performs other important functions:
• Revisory Jurisdiction: The Supreme Court has the power of judicial review, allowing it to review the decisions of lower courts. It can revise or set aside the decisions of the high courts and other tribunals if there is any error/mistake in judgment.
• Judicial Review: Has the highest responsibility of protecting and interpreting the Constitution of India Review any law/order passed by the central/state governments to check its constitutional validity Has the power to reject any law if it is unconstitutional
• Court of Records: The SC is a court of records, which means that its decisions and proceedings are recorded for future reference Its judgments and orders are considered exemplars and can be cited in other legal proceedings. SC’s judicial proceedings cannot be questioned by the High Court and other subordinate courts
• The Constitution of India mandates that states must have a High Court
• High Courts in India have jurisdiction over a state/union territory or a group of states & union territories
• High Courts, like the Bombay High Court, are bound by the orders and judgments of the Supreme Court
• High Courts stand at the head of a State's judicial administration and hold the highest judicial authority ONLY in the state(s) under their jurisdiction
• High Courts have different types of jurisdiction:

  • Original Jurisdiction: Hear certain types of cases directly without them being heard by lower courts first
  • Appellate Jurisdiction: Individuals can appeal judgments passed by subordinate courts in both civil and criminal cases
  • Advisory Jurisdiction: Advise the state government or governor on matters of the law/constitution if desired
  • Supervisory Jurisdiction: Ensure lower courts function within the bounds of law and adhere to legal procedures
• In their original jurisdiction, High Courts handle cases like violation of fundamental rights, disputes over election of MPs and MLAs, marriage/divorce, company laws, and contempt of court
• In their appellate role, High Courts review decisions made by subordinate courts and determine if legal errors have occurred or if the lower court's decision requires alteration or reversal
• High Courts, like the Supreme Court, are courts of records, meaning their decisions and proceedings are recorded for future reference
• High Court judgments and orders are considered exemplars and can be cited in other legal proceedings
• High Courts' judicial proceedings cannot be questioned by other subordinate courts within their jurisdiction
• SUBORDINATE COURTS These courts handle the civil and criminal cases at the district level. There are 3 types: civil courts, criminal courts and revenue courts

  civil court: property, divorce, landlord-tenant fight,breach of agreement

  criminal court: violation of law,theft,pick pocketing,armed robbery, murder/assault

  revenue court: dispute regarding agriculture.