The Hierarchical Structure of Indian Courts Suggested Reading: Judicial System of India The present judicial system of India is being made effective through the Constitution of India. Justice Aftab Alam The Hon'ble Mr. Justice P Sathasivam The Hon'ble Mr. Suggested Reading: The President of India has the authority to fix the number of judges of the High Court as per requirement. In Texas the members of the and of the 14 intermediate courts of appeals are Justices, while the members of the carry the title Judge, which is also used generically. For certain cases, particularly cases which commenced in the District Court, a lower court typically the High Court or the Court of Appeal may be the court of final jurisdiction.
This power includes the power to interpret the of and , the constitutional documents of the two which are and jurisdictions respectively. The sculpture is just behind the statue of Mahatma Gandhi. This was an essay telling why he disagreed with the Court's decision. The Supreme Court, which consists of a total of 51 justices, also oversees the regional high courts. The application for review must also be accompanied by a certificate by the Bar Council that it is supported by proper grounds. Supreme Court as a Court of Record According to Article 129, the Supreme Court shall be a Court of record and shall have all powers of such a Court, including the power to punish for contempt of itself.
The Parliament had to amend the Constitution in order to make the abolition of Zamindari valid. Shiv Kant Shukla , popularly known as the Habeas Corpus case, a bench of five senior-most judges of supreme court ruled in favour of state's right for unrestricted powers of detention during the emergency. It can tell a President that his actions are not allowed by the Constitution Each State has a High Court. India is the only country where a member of the minority Parsi community with a population of 1,67,000, like myself, can aspire to attain the post of the Chief Justice of India. The right of the Supreme Court to entertain appeal by Special leave in any cause or matter determined by any court or tribunal is unlimited.
The court has broad discretionary authority to rule on matters in which it considers it necessary to grant relief in the interests of justice, and which are not within the jurisdiction of another court or tribunal. Ad hoc Judges: Article 127 provides if at any time there is no quorum of the Judges available in the Court to hold and continue any session of the court the chief justice of India may, with the previous consent of the President and after the consultation of the Chief Justice of the High Court concerned, request a Judge of the High Court to act as ad hoc Judge in the Supreme Court for such period as may be necessary. The Constitution says that the law declared by the Supreme Court shall be binding on all small courts within the territory of India. For example, Ram Janam Bhoomi and Babri Masjid issue has been referred to Supreme Court recently seeking its advice whether there existed a temple or a masjid. When Are Mere Words So Dangerous That Congress Or a State Legislature May Limit the Freedom of Speech? The exists to verify of laws and regulations, as well as decide on individual complaints on decisions on governmental bodies. There are two Divisions of the Supreme Court, i.
It has since been highly criticized and is scheduled for deletion in a constitutional amendment due for 2019. Now the High Court is empowered to entertain any petition for the redressal of any injury even if, by or under any law, remedy for such redressal has been provided for. The main block of the building has been built on a triangular plot of 17 acres and has been designed in an by the chief architect , the first Indian to head the. Supreme court initially had its seat at in the where the previous Federal Court of India sat from 1937 to 1950. Per of , the state shall take steps to separate the judiciary from the executive. Other legislation the Judiciary Act of 1789 , Title 28 of the U. The supreme court's creative and expansive interpretations of Article 21 Life and Personal Liberty , primarily after the Emergency period, have given rise to a new jurisprudence of that has vigorously promoted many important economic and social rights constitutionally protected but not enforceable including, but not restricted to, the rights to free education, livelihood, a clean environment, food and many others.
Constitutionally it must have authority to interpret the constitution but its further appellate jurisdiction from lower courts is defined by law. They are entitled to a pension etc. In addition, an agreement between Nauru and in 1976 provides for appeals from the Supreme Court of Nauru to the in both criminal and civil cases, with the notable exception of constitutional cases. All three courts are directly under the , whose president also serves as Chief Justice in the Council of Grand Justices. It has authority to interpret the constitution, and strike down laws and activities of the state that it finds to be unconstitutional. These new interpretations have opened the avenue for litigation on a number of important issues. After 1993 the Second Judges' Case , no minister, or even the executive collectively, can suggest any names to the president, who ultimately decides on appointing them from a list of names recommended only by the collegium of the judiciary.
The Supreme Court has a special role to play in the United States system of government. Tenure of Judges : No minimum age is prescribed for appointment as a Judge of the Supreme Court, nor any fixed period of office. The criterion of eligibility of district judge is that he must be an advocate for minimum seven years with the recommendation of the respective high court. A dissent is an appeal to the brooding spirit of the law, to the intelligence of a future day, when a later decision may possibly correct the error into which the dissenting judge believes the court to have been betrayed. In respect of Community Law the Supreme Court is subject to the decisions of the.
These courts are of the statute of principal civil courts so far originality of jurisdiction is concerned in the related domain of the states and the other district courts. The Supreme Court, under Article 32, can issue writs only where a fundamental right has been infringed upon. It has also reviewed the actions of the President. The only dissenting opinion was from Justice , who stated: detention without trial is an anathema to all those who love personal liberty. Appointment of Judges : The President is the appointing authority in the case of judges of the Supreme Court. The cases or disputes that come under the original jurisdiction are given below: i a Disputes between the Government of India on the one side and one or more States on the other side.
Convention dictates the appointment of the senior most judges of the Supreme Court as Chief Justice. A Judge can be removed by the President upon an address to the effect being passed in each House of Parliament by a special majority. Like the highest court in other countries, the Supreme Court of India, too, is not bound by its own decisions. The top court is named as the Supreme Court, while the middle court is named as High Court, and the lower court is named as District Court. The power of superintendence, vested in the High Court, is judicial as well as administrative in nature. It can also tell the government of a state that one of its laws breaks a rule in the Constitution.