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Thursday, 26 February 2015

Judiciary of India

  By GK Planet Team       Thursday, 26 February 2015
·        The Indian Judicial System is one of the oldest legal systems in the world today.
·        It is partly a continuation of the British legal system established by the British in the mid-19th century based on a typical hybrid legal system known as the Common Law System.
·        There are various levels of judiciary in India – different types of courts, each with varying powers depending on the tier and jurisdiction bestowed upon them. They form a strict hierarchy of importance, in line with the order of the courts in which they sit, with the Supreme Court of India at the top, followed by High Courts of respective states with district judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom.
·        Courts hear criminal and civil cases, including disputes between individuals and the government.
·        The Indian judiciary is independent of the executive and legislative branches of government according to the Constitution.

Supreme Court of India
·        On 26 January 1950, the day India's constitution came into force, the Supreme Court of India was formed in Delhi.
·        The Supreme Court of India comprises the Chief Justice and 30 other Judges appointed by the President of India.
·        In order to be appointed as a Judge of the Supreme Court, a person must be
·        a citizen of India and must have been, for at least five years, a Judge of a high court or of two or more such Courts in succession, or an advocate of a high court or of two or more such Courts in succession for at least 10 years or he must be, in the opinion of the president, a distinguished jurist. Provisions exist for the appointment of a Judge of a high court as an ad hoc judge of the Supreme Court and for retired judges of the Supreme Court or High Courts to sit and act as Judges of that Court.

Points to Remember:
·        Supreme Court judges retire at the age of 65 which is 3 years more than the retirement age of a judge of the High Court.
·        A judge gets  90,000 and the Chief Justice gets a sum of  100,000.
·        A judge of the Supreme Court can be removed by Impeachment  under the Constitution only on grounds of proven misconduct or incapacity and by an order of the President of India, after a notice signed by at least 100 members of the Lok Sabha (House of the People) or 50 members of the Rajya Sabha (Council of the States) is passed by a two-third majority in each House of the Parliament.
·        A person who has retired being a Judge of the Supreme Court is debarred from practising in any court of law or before any other authority in India.

High courts

·        There are 24 High Courts at the State level.
·        Article 141 of the Constitution of India mandates that they are bound by the judgments and orders of the Supreme Court of India by precedence.
·        Each High Court has jurisdiction over a state, a union territory or a group of states and union territories.
·        In order to be appointed as a Judge of the High Court, a person must be
·        a citizen of India
·        Not above 62 years of age.
·        Must have at 10 years of judicial office in the territory of India or experience of at least 10 years as advocate of a High Court, or of two or more such courts in succession in India.

Points to Remember:
·        Judges in a High Court are appointed by the President of India in consultation with the Chief Justice of India and the governor of the state. 
·        The number of judges in a court is decided by dividing the average institution of main cases during the last five years by the national average, or the average rate of disposal of main cases per judge per year in that High Court, whichever is higher
·        The Calcutta High Court is the oldest High Court in the country, established on 2 July 1862.
·        A judge of High Courtcan hold office until the age of 62 years.
·        Removal of any Judge of High Court is same as of judge of Supreme Court.



High-Court : Seats & Jurisdiction
List of High-Courts in India
State or UT
Court
Seat
Andaman and Nicobar Islands
Calcutta
Kolkata (Bench at Port Blair)
Arunachal Pradesh
Gauhati
Guwahati (Bench at Itanagar)
Andhra Pradesh
 of Judicature at Hyderabad
Hyderabad
Assam
Gauhati
Guwahati
Bihar
Patna
Patna
Chhattisgarh
Chhattisgarh
Bilaspur
Chandigarh
Punjab and Haryana
Chandigarh
Dadra and Nagar Haveli
Bombay
Mumbai
Daman and Diu
Bombay
Mumbai
National Capital Territory of Delhi
Delhi
New Delhi
Goa
Bombay
Mumbai (Bench at Panaji)
Gujarat
Gujarat
Ahmedabad
Haryana
Punjab and Haryana
Chandigarh
Himachal Pradesh
Himachal Pradesh
Shimla
Jammu and Kashmir
Jammu and Kashmir
Srinagar/Jammu
Jharkhand
Jharkhand
Ranchi
Karnataka
Karnataka
Bengaluru (Bench at Dharwad andGulbarga)
Kerala
Kerala
Kochi
Lakshadweep
Kerala
Kochi
Madhya Pradesh
Madhya Pradesh
Jabalpur (Bench at Gwalior andIndore)
Maharashtra
Bombay
Mumbai (Bench at Aurangabad andNagpur)
Manipur
Manipur
Imphal
Meghalaya
Meghalaya
Shillong
Mizoram
Gauhati
Guwahati (Bench at Aizawl)
Nagaland
Gauhati
Guwahati (Bench at Kohima)
Odisha
Orissa
Cuttack
Puducherry
Madras
Chennai
Punjab
Punjab and Haryana
Chandigarh
Rajasthan
Rajasthan
Jodhpur (Bench at Jaipur)
Sikkim
Sikkim
Gangtok
Tamil Nadu
Madras
Chennai (Bench at Madurai)
Telangana
 of Judicature at Hyderabad
Hyderabad
Tripura
Tripura
Agartala
Uttarakhand
Uttarakhand
Nainital
Uttar Pradesh
Allahabad
Allahabad (Bench at Lucknow)
West Bengal
Calcutta
Kolkata

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