CHAPTER 8 JUDICIARY IN INDIA

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JUDICIARY IN INDIA :

 • Indian Constitution provides for unified judiciary system and there is no division of powers in judiciary between Centre and State, whereas Constitution of USA provides double system of courts.

• In order to maintain supremacy of the judiciary, Indian Constitution under the Art.124 to Art.147 in Part V deal with the organisation, independence, jurisdiction, powers and provisions of courts.

. There is no minimum age group prescribed by the Constitution.

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• The Supreme Court came into being on 28th January, 1950.

• The Parliament is also authorised to regulate the courts.

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THE SUPREME COURT:

• Initially, there was a Chief Justice and seven other judges in the Supreme Court.

• At present there is one Chief Justice and 30 other judges in the Supreme Court. The power to alter the number of judges in Supreme Court rests with the Parliament.

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Appointment of Judges:

The judges of the Supreme Court are appointed by the President after consultation with such judges of the Supreme Court and of the High Courts as the President may deem necessary. In appointment of a judge, other than Chief Justice, the Chief Justice of India is always consulted.

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Qualification of Judges:

A person to be appointed as a judge of the Supreme Court should have the following qualifications:

(i) He should be a citizen of India.

(ii) He should have been a judge of a High Court/High Courts for five years

or,

He should have been an advocate of a High Court/High Courts for ten years.

or,

He should be a distinguished jurist in the opinion of the President.

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Tenure of Judges:

(i) He can hold office until he attains the age of 65 years.

(ii) He can resign his office by writing to the President.

(iii) He can be removed from his office by the President on the recommendation of the Parliament.

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Removal of Judges:

• The Constitution under Art. 124 (4) provides that a judge of the Supreme Court can be removed by the President after an address by each of the House of the Parliament supported by a majority of the total membership of that House and by a majority of not less than two-third of the members of that House present and voting, on the ground of proved misbehavior or incapacity.

• The Parliament under Art. 124 (5) may, by law, regulate the procedure for the presentation of an address and for the investigation and proof of the misbehavior or incapacity of a judge. Accordingly, the Parliament in 1968 passed the Judges (inquiry) Act.

• Under this Act, a motion seeking the removal of a judge can be preferred before either House of the Parliament.

• If it is to be introduced in the Lok Sabha, it should be signed in by not less than 100 members of the Lok Sabha.

• If it is to be introduced in the Rajya Sabha, the motion should be signed in by not less than 50 members.

• The motion can be moved only after a prior notice of 14 days to that judge.

• After being properly introduced, the presiding officer of that House appoints a three-member Judicial Committee to inquire into the misbehaviour or incapacity of the accused judge.

• The head of the Judicial Committee shall be serving judge of the Supreme Court

• Of the other two members, one should be a serving member of the Supreme Court or a High Court and another one may be an eminent jurist.

• The judge in question has the right to defend himself or through his counsel before the Judicial Committee.

• The Committee submits its report to the presiding officer of the House in which the motion has been introduced.

• The Parliament may or may not act upon the report of the Judicial Committee.

• If the Judicial Committee fail to establish proof of misbehaviour or incapacity, the Parliament cannot take up the motion.

• If the motion is passed by the originating House with the required majority, it moves to the other House which should also pass the motion with the same majority.

• After that it goes for the assent of the President in the same session of the Parliament. If the address has been passed, then the President removes the judge in question from the House.

Some Important Chief Justices of India:

Sl.	Name	Tenure

1. Hiralal J. Kania —              Jan. 26, 1950 – Nov. 6, 1951
2. M. Patanjali Sastri —          Nov. 7, 1951 – Jan. 3, 1954
3. M. Hidayatullah —             Feb. 25, 1968 – Dec. 16, 1970
4. P. N. Bhagwati —             July 12, 1985 – Dec. 21, 1986

39. Ranjan Gogoi —           Oct. 3, 2018 – Nov. 17, 2019
40. S. A. Bobde —           Nov. 18, 2019 – Apr. 23, 2021
41. N. V. Ramana —         Apr. 24, 2021 – Aug. 26, 2022
42. U. U. Lalit —               Aug. 27, 2022 – Nov. 8, 2022
43. D. Y. Chandrachud — Nov. 9, 2022 – Present 

THE HIGH COURTS:

• Article 214 provides that there should be a High Court for each State. The High Court stands at the head of the judiciary in a State. The Parliament can establish by law a common High Court for one or more States or UTs.

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Appointment of the Judges:

• Art. 216 provides for appointment of Chief Justice and other judges of High Court. There is no maximum fixed number of judges in High Courts.

• The Judge of a High Court is appointed by the President. The Chief Justice of High Court is appointed by the President after consultation with the Chief Justice of India and the Governor of the State concerned. For appointment of other judges, the Chief Justice of the concerned High Court is also consulted.

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Qualification of Judges:

(i) He should be a citizen of India.

(ii) He should have held a judicial office in the territory of India for ten years, or

He should have been an advocate of High Court/High Courts for ten years.

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Jurisdiction of High Court:                                                                                                                                                                                                                                                                           

1. APPELLATE JURISDICTION:

   • The Supreme Court is the highest court of appeal in India.

   • It hears appeals against the judgments of High Courts in:
   (i) Constitutional matters
   (ii) Civil cases
   (iii) Criminal cases

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   1. Constitutional Cases (Art. 132):

   • An appeal lies to the Supreme Court from any judgment, decree or final order of a High Court if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.

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   2. Civil Cases (Art. 133):

   • An appeal lies to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court if:
   (i) The High Court certifies that the case involves a substantial question of law of general importance, and
   (ii) The High Court is of the opinion that the question needs to be decided by the Supreme Court.

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   3. Criminal Cases (Art. 134):

   • An appeal lies to the Supreme Court in criminal cases if the High Court:
   (i) Has reversed an order of acquittal and sentenced the accused to death, or
   (ii) Has withdrawn for trial any case from a subordinate court and sentenced the accused to death, or
   (iii) Certifies that the case is fit for appeal to the Supreme Court.

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   4. Special Leave to Appeal (Art. 136):

   • The Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order passed by any court or tribunal in India (except military courts).

   • This is a discretionary power and can be exercised in any case                                                          

   WRIT JURISDICTION:

   • The Supreme Court under Art. 32 and High Courts under Art. 226 have the power to issue writs for the enforcement of Fundamental Rights.

   • Dr. B. R. Ambedkar called Art. 32 the “heart and soul of the Constitution”.

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   Types of Writs:

   1. Habeas Corpus:

   • Meaning: “To have the body”
   • Issued to produce a person who has been illegally detained before the court.
   • Purpose: To protect personal liberty.

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   2. Mandamus:

   • Meaning: “We command”
   • Issued to a public authority to perform its legal duty.
   • Not issued against:
   – Private individuals
   – President or Governor

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   3. Prohibition:

   • Issued by a higher court to a lower court/tribunal
   • Prevents it from exceeding its jurisdiction
   • Issued before the judgment is given

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   4. Certiorari:

   • Issued by a higher court to a lower court/tribunal
   • To quash its order or decision
   • Issued after the judgment

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   5. Quo Warranto:

   • Meaning: “By what authority”
   • Issued to a person holding a public office
   • Questions the legality of his claim to that office

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   Key Points:

   • Supreme Court (Art. 32): Only for Fundamental Rights
   • High Court (Art. 226): For Fundamental Rights + Other legal rights
   • Writ jurisdiction is a powerful tool to protect citizens’ rights 

LOK ADALATS:

• Lok Adalats are people’s courts established for speedy and inexpensive justice.

• They are based on the principle of compromise and settlement between parties.

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Constitutional / Legal Basis:

• Organised under the Legal Services Authorities Act, 1987.

• Function under the National Legal Services Authority (NALSA).

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Features:

• No court fee is charged.

• If already paid, the fee is refunded.

• Procedures are simple and informal.

• No strict application of procedural laws (CPC, Evidence Act).

• Focus on amicable settlement.

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Jurisdiction:

• Cases pending in courts

• Disputes at pre-litigation stage

 Types of cases:

• Civil cases

• Motor accident claims

• Family disputes

• Labour disputes

• Compoundable criminal cases

 Not allowed:

• Non-compoundable criminal offences

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Award of Lok Adalat:

• Decision is called an “award”.

• It is final and binding on both parties.

• Treated as a decree of a civil court.

• No appeal lies against the award.

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Types of Lok Adalats:

1. National Lok Adalat
2. State Lok Adalat
3. Permanent Lok Adalat
   • Deals with public utility services (transport, postal, etc.

HIGH COURTS IN INDIA – SEATS & JURISDICTION :

Sl.	High Court	Principal Seat	Jurisdiction (States/UTs)
1	Allahabad High Court	Allahabad (Prayagraj)	Uttar Pradesh
2	Andhra Pradesh High Court	Amaravati	Andhra Pradesh
3	Bombay High Court	Mumbai	Maharashtra, Goa, Dadra & Nagar Haveli and Daman & Diu
4	Calcutta High Court	Kolkata	West Bengal, Andaman & Nicobar Islands
5	Chhattisgarh High Court	Bilaspur	Chhattisgarh
6	Delhi High Court	New Delhi	Delhi (UT)
7	Gauhati High Court	Guwahati	Assam, Nagaland, Mizoram, Arunachal Pradesh
8	Gujarat High Court	Ahmedabad	Gujarat
9	Himachal Pradesh High Court	Shimla	Himachal Pradesh
10	Jammu & Kashmir and Ladakh High Court	Srinagar/Jammu	UTs of J&K and Ladakh
11	Jharkhand High Court	Ranchi	Jharkhand
12	Karnataka High Court	Bengaluru	Karnataka
13	Kerala High Court	Kochi (Ernakulam)	Kerala, Lakshadweep
14	Madhya Pradesh High Court	Jabalpur	Madhya Pradesh
15	Madras High Court	Chennai	Tamil Nadu, Puducherry
16	Manipur High Court	Imphal	Manipur
17	Meghalaya High Court	Shillong	Meghalaya
18	Orissa High Court	Cuttack	Odisha
19	Patna High Court	Patna	Bihar
20	Punjab & Haryana High Court	Chandigarh	Punjab, Haryana, Chandigarh
21	Rajasthan High Court	Jodhpur	Rajasthan
22	Sikkim High Court	Gangtok	Sikkim
23	Telangana High Court	Hyderabad	Telangana
24	Tripura High Court	Agartala	Tripura
25	Uttarakhand High Court	Nainital	Uttarakhand

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THE SUPREME COURT – CONSTITUTIONAL ARTICLES:

Establishment & Constitution

• Article 124 – Establishment and constitution of Supreme Court

• Article 125 – Salaries, etc., of Judges

• Article 126 – Appointment of acting Chief Justice

• Article 127 – Appointment of ad hoc Judges

• Article 128 – Attendance of retired Judges

 HIGH COURTS – CONSTITUTIONAL ARTICLES:

• Article 214 – There shall be a High Court for each State

• Article 215 – High Courts to be courts of record

• Article 216 – Constitution of High Courts (Chief Justice and other judges)

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Appointment & Conditions:

• Article 217 – Appointment and conditions of the office of a Judge of a High Court

• Article 218 – Application of certain provisions relating to Supreme Court to High Courts

• Article 219 – Oath or affirmation by Judges of High Courts

• Article 220 – Restriction on practice after being a permanent Judge

• Article 221 – Salaries, allowances, etc., of Judges

Disclaimer:

This content is prepared for educational and informational purposes only. The notes are simplified for better understanding and exam preparation (UPSC and State Exams). Readers are advised to refer to standard textbooks and official sources for detailed study