SUPREME COURT
WHAT IS A SINGLE INTEGRATED JUDICIAL SYSTEM?
It means that all the courts can interpret and enforce laws of the land. However, they have
to function under the supervision of the apex court which is the Supreme Court.
WHAT IS THE COMPOSITION OF THE SUPREME COURT?
As per the act of 2008, the Supreme Court consists of the Chief Justice of India and not
more than 30 judges.
HOW ARE THE JUDGES OF THE SUPREME COURT APPOINTED?
The Chief Justice of India is appointed by the President on the basis of seniority.
The president also appoints the judges of the Supreme Court. The president appoints them
on the recommendations of the National Judicial Appointments Commission.
(NJAC)He consults the chief justice who in turn consults the four senior most judges
of the Supreme Court before suggesting the name to the president. This is known as
the collegiums system.
WHAT ARE THE QUALIFICATIONS NEEDED TO BE A SUPREME COURT JUDGE?
Must have been a judge of the high court for at least five years
Must be an advocate in the high court for at least ten years
Must be a distinguished jurist in the eyes of the President
Must be an Indian citizen
WHY IS THE INDEPENDENCE OF JUDICIARY NECESSARY?
Independence is necessary because the court protects the constitution and the people’s
rights and in order to do that it has to function independently and free from external
control so that it can give fair impartial judgments.
WHAT IS THE ADVISORY OR COSULTATIVE JURISDICTION OF THE SUPREME?
COURT?
The President may ask the SC for its advice on matters of national importance. The court
may or may not give its opinion and the President is also not bound to accept the advice of
the court.
, WHAT IS THE REVISORY JURISDICTION OF THE SUPREME COURT?
It allows the SC to go through its previous judgments and correct the faults, if any, in
the verdicts to prevent the miscarriage of justice.
WHY IS THE SUPREME COURT ALSO A COURT OF RECORDS?
The court preserves its previous judgments so that they can be used as
example/testimony/evidences in similar cases in the future.
WHAT DO YOU UNDERSTAND BY THE TERM JUDICIAL REVIEW?
The court through this power can go through the constitutional validity of laws passed
by the legislature and orders issued by the executive. If it finds that the laws and orders are
not in accordance with the constitution, then it can declare them to be null and void or
invalid.
ORIGINAL JUISDICTION-
It refers to those cases over which the SC has exclusive jurisdiction. These are cases which
are first heard in the SC.
a. Government of India v/s one or more states.
b. Union government and any states v/s state(s)
c. Dispute between two or more states.
The cases mentioned above can only be heard in the Supreme Court. However, there are a
few cases where it shares its power of original jurisdiction with the high court but even in
these cases the SC has the final say, like –
a. The SC along with the high court can issue writs to protect and enforce the
Fundamental rights.
b. Cases involving the interpretation of the constitution.
APPELLATE JURISDICTION-
The SC is the final court of appeal in our country. A court of appeal is one in which can
change the decision of a lower court or reduce the term of punishment. Appellate
jurisdiction is practiced in the following cases-
, CONSTITUTIONAL CASES-
Cases involving the interpretation of the constitution and enforcement of the fundamental
rights can be heard in the high court along with SC. If an individual or an organization is not
happy with the verdict they can appeal against he verdict in the SC. An appeal lies with SC
when the high court certifies that a matter should be heard in the SC or if the SC uses its
power of special leave to transfer the case to itself.
CIVIL CASES-
Here the high court may certify that a case deal with a question of general importance and
should be heard by the SC. The apex court may transfer a case to itself by it power of
special leave.
CRIMINAL MATTERS-
A criminal matter may be heard in the SC in two situations-
a. Without certificate from the HC-
Appeal can be made in the SC if the session’s judge acquits someone but the high
Court of appeal from the government reverses the decision and awards a death
Sentence.
If the HC withdraws a case from the lower court and awards the accused a death
Sentence.
b. With certificate from the HC if it believes that the case if fit to be heard in the SC.
ENFORCEMENT OF FUNDAMENTAL RIGHTS-
A writ is issued to protect our fundamental rights. A writ is legal instrument that ensures
court orders are followed.
WHAT IS A SINGLE INTEGRATED JUDICIAL SYSTEM?
It means that all the courts can interpret and enforce laws of the land. However, they have
to function under the supervision of the apex court which is the Supreme Court.
WHAT IS THE COMPOSITION OF THE SUPREME COURT?
As per the act of 2008, the Supreme Court consists of the Chief Justice of India and not
more than 30 judges.
HOW ARE THE JUDGES OF THE SUPREME COURT APPOINTED?
The Chief Justice of India is appointed by the President on the basis of seniority.
The president also appoints the judges of the Supreme Court. The president appoints them
on the recommendations of the National Judicial Appointments Commission.
(NJAC)He consults the chief justice who in turn consults the four senior most judges
of the Supreme Court before suggesting the name to the president. This is known as
the collegiums system.
WHAT ARE THE QUALIFICATIONS NEEDED TO BE A SUPREME COURT JUDGE?
Must have been a judge of the high court for at least five years
Must be an advocate in the high court for at least ten years
Must be a distinguished jurist in the eyes of the President
Must be an Indian citizen
WHY IS THE INDEPENDENCE OF JUDICIARY NECESSARY?
Independence is necessary because the court protects the constitution and the people’s
rights and in order to do that it has to function independently and free from external
control so that it can give fair impartial judgments.
WHAT IS THE ADVISORY OR COSULTATIVE JURISDICTION OF THE SUPREME?
COURT?
The President may ask the SC for its advice on matters of national importance. The court
may or may not give its opinion and the President is also not bound to accept the advice of
the court.
, WHAT IS THE REVISORY JURISDICTION OF THE SUPREME COURT?
It allows the SC to go through its previous judgments and correct the faults, if any, in
the verdicts to prevent the miscarriage of justice.
WHY IS THE SUPREME COURT ALSO A COURT OF RECORDS?
The court preserves its previous judgments so that they can be used as
example/testimony/evidences in similar cases in the future.
WHAT DO YOU UNDERSTAND BY THE TERM JUDICIAL REVIEW?
The court through this power can go through the constitutional validity of laws passed
by the legislature and orders issued by the executive. If it finds that the laws and orders are
not in accordance with the constitution, then it can declare them to be null and void or
invalid.
ORIGINAL JUISDICTION-
It refers to those cases over which the SC has exclusive jurisdiction. These are cases which
are first heard in the SC.
a. Government of India v/s one or more states.
b. Union government and any states v/s state(s)
c. Dispute between two or more states.
The cases mentioned above can only be heard in the Supreme Court. However, there are a
few cases where it shares its power of original jurisdiction with the high court but even in
these cases the SC has the final say, like –
a. The SC along with the high court can issue writs to protect and enforce the
Fundamental rights.
b. Cases involving the interpretation of the constitution.
APPELLATE JURISDICTION-
The SC is the final court of appeal in our country. A court of appeal is one in which can
change the decision of a lower court or reduce the term of punishment. Appellate
jurisdiction is practiced in the following cases-
, CONSTITUTIONAL CASES-
Cases involving the interpretation of the constitution and enforcement of the fundamental
rights can be heard in the high court along with SC. If an individual or an organization is not
happy with the verdict they can appeal against he verdict in the SC. An appeal lies with SC
when the high court certifies that a matter should be heard in the SC or if the SC uses its
power of special leave to transfer the case to itself.
CIVIL CASES-
Here the high court may certify that a case deal with a question of general importance and
should be heard by the SC. The apex court may transfer a case to itself by it power of
special leave.
CRIMINAL MATTERS-
A criminal matter may be heard in the SC in two situations-
a. Without certificate from the HC-
Appeal can be made in the SC if the session’s judge acquits someone but the high
Court of appeal from the government reverses the decision and awards a death
Sentence.
If the HC withdraws a case from the lower court and awards the accused a death
Sentence.
b. With certificate from the HC if it believes that the case if fit to be heard in the SC.
ENFORCEMENT OF FUNDAMENTAL RIGHTS-
A writ is issued to protect our fundamental rights. A writ is legal instrument that ensures
court orders are followed.
