Polity Titbits: Functions/powers of Judiciary

Judiciary

Appointments

Titbits

  1. Parliament decide the number of judges of supreme court while president decide the numbers in high courts
  2. Both supreme court and high court judges are appointed as well as removed by president
  3. Salaries of high court judges is charged on CFS while pension is charged on CFI
  4. Appointment by collegium system (CJI plus 4 seniormost supreme court judges) after 3rd judges case
  5. District judges are appointed by governor in consultation with high courts
  6. Both SC and HC judges need 10 year practice in high court but SC judge need 5 year judgeship in high court while HC judge needs 10 years of judgeship
  7. A distinguished jurist can be appointed as judges of supreme court but not high court
  8. Removal by special majority of parliament on grounds of proved misbehavior or incapacity
  9. SC judges can’t practice w/i india post retirement: high court judges can in supreme court or other high courts <but there is no bar on further appointments such as chairperson or members of NHRC etc>
  10. Constitution provided for 1 high court for each state but 7th amendment allowed parliament to establish common high courts

Jurisdictions of courts

Exclusive (original by default) Original <concurrent with high courts> Appellate Advisory
Petition only in supreme court (directly by default) Directly in supreme court Appeals from high court President refers(art 143)
Federal disputes, inter state matters, disputes regarding election of president, VP Writ under art 32 Appeals, SLP Not necessary to tender opinion except on pre constitutional matters

 

Types of Writs

Writ Habeas Corpus Mandamus Prohibition Certiorari Quo Warranto
Meaning -To produce the body

-Against arbitrary detention

-We command

-to perform Official duty

-To forbid

– from exceeding jurisdiction

– to be certified

-transfer a case or quash an order

-by what authority

-legality of claim to public office

Issued against public as well as private authority Public official, court, tribunal Judicial, quasi Judicial Judicial, quasi Judicial and administrative authorities Substantive public office created by constitution or statute
Can’t be issues against Lawful detention private Private, administrative, legislative Private, legislative Ministerial, private
Who can file Aggrieved person Aggrieved person Aggrieved person Aggrieved person Any person

 

Writ jurisdiction of Supreme court v/s High Court

Court Supreme court High Court
Article 32 226
Scope Only for FRs FRs plus legal rights

 

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