Hello guys, today we are going to have a very important session on Indian judicial system.
There is a three organ in central government structure.
1.) Legislative
2.) Executive
3.) Judiciary
Legislative is a law making body while executive body helps in implementing the laws. But the judiciary System interpret the law and also punish law breaker.
Let's get some deep dive into the Indian judicial system.
As per the lord Bryce, when you want to see the development of a nation, then you are supposed to view it's judiciary first. He said that government excellence is directly dependent on effectiveness of judicial system. If the judicial system of the country is good, Then you can say that the country is best.
There are three pillars of democracy i.e. legislative, executive, judiciary.
Judiciary keep an eye on both legislative and executive body. In India there is independent integrated judicial system. In our judicial system there is no difference of power between Centre and State. That's why we can say that there is a single judicial system in India or integrated judicial system.
STRUCTURE OF JUDICIAL SYSTEM
1.) Supreme court
2.) High court
3.) District court
4.) Other subordinate courts
No of supreme court -01
No of High court -25
No of District court -672
Supreme court is known as the apex court of India and located in New Delhi. At present there are 34 judges working in supreme court i.e. 1 CJI AND 33 SUPREME COURT JUDGES.
PROCEDURE OF APPOINTING JUDGES IN SUPREME COURT
Generally appointing procedure of judges changed so many times, but at present collegium system is followed in India.
CJI along with the other 4 judges of the supreme court form the collegium system. When collegium fully agree for the appointment of judges then CJI forward their names to president ,. After that the president administers the oath to them. CJI has no fix term. The upper age limit is 65 yrs for the CJI.
There is a minimum criteria to be the judge of the supreme court.
1.) He is supposed to be the citizen of India.
2.) He have 5 year of experience as a judge of high court.
3.)He has 10 years of experience as an advocate of high court.
Note-There is a special majority required in both house for removal of supreme court judges. Till date no judges is removed in India.
Function of the supreme court
1.It interpret the law
2.It punish law breaker.
3. It protects the fundamental rights of citizens.
4.It maintain social stability.
SUPREME COURT JURISDICTION IS DEVIDED IN 7 CATEGORY.
1.Original jurisdiction-This is a type of matter where there is a direct dispute between centre and state on law process regarding some reason. In this case supreme court interfere directly.
2. Written jurisdiction - Here supreme court involve to protect the fundamental rights of the citizen by some rules made by government
3. Appellate jurisdiction -When some one did not get justice in lower court he can challenge the judgement of other court by appealing in supreme court.
4. Advisory - Supreme court can give legal advice to the president of the country, but it is not compulsory for the president to follow that advice.
5. Court of Record - Decision taken by supreme court is evidentially proved. It can be used as a reference in lower court.
6. Judicial review - Supreme court can take the judicial review of the law made by legislative body. If the supreme court finds that any law is against constitution, it can make that law null and void. supreme court can also check the validity of the law. That's why it is called as the custodian of the constitution.
7. Other power - Supreme court can punish someone in contempt of court. Supreme court can review it's own judgement. it also helps in interpreting some words in constitution.
I hope you guys loved this article. Next time I will come with something more informative content. Till then please enjoy the topic. Please post a comment or suggestion of your understanding on this article.
Comments
Post a Comment