·
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
|