Dear Aspirants,
This Spotlight is a part of our Mission Nikaalo Prelims-2022.
You can check the broad timetable of Nikaalo Prelims here
Session Details
Morning 12 PM – Prelims Spotlight Session
Evening 06 PM – TIKDAM/MCQs Session
Evening 08 PM – Tests on Alternate Days
Join our Official telegram channel for Study material and Daily Sessions Here
14th Mar 2022
Appointments:
- Parliament decide the number of judges of supreme court while president decide the numbers in high courts
- Both supreme court and high court judges are appointed as well as removed by president
- Salaries of high court judges is charged on CFS while pension is charged on CFI
- Appointment by collegium system (CJI plus 4 senior most supreme court judges) after 3rd judges case
- District judges are appointed by governor in consultation with high courts
- 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
- A distinguished jurist can be appointed as judges of supreme court but not high court
- Removal by special majority of parliament on grounds of proved misbehavior or incapacity
- 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>
- 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 |
Powers of High Court and Supreme Court
There are different types of jurisdictions and powers of the Supreme Court. Some of them are listed below :
1. Original Jurisdiction
Being a Federal court, the Supreme Court decides disputes between –
- Two or more states
- Centre and the state/states
- Centre and states on one side and the other states on the other side
In any of the above-mentioned disputes, the supreme court has the exclusive original jurisdiction.
However, this jurisdiction does not apply to the following cases-
- A dispute that arose out of any pre-Constitution treaty, agreement, covenant, engagement, and or any other similar instruments.
- Any Inter-state water disputes.
- Matters that are referred to the Finance Commission.
- Recovery of the damages by a state against the Centre.
- An ordinary dispute that is commercial between the Centre and the states.
- A dispute that arose out of any treaty, agreement, etc., which specifically provides that the said jurisdiction does not extend to such a dispute.
- An adjustment of certain expenses and pensions between the Centre and the states.
2. Writ Jurisdiction
The Supreme Court is granted the power to issue writs, like habeas corpus, mandamus, prohibition, quo-warranto, and certiorari for the enforcement of the fundamental rights of an aggrieved citizen.
However, this jurisdiction of the Supreme Court is not exclusive as the High Courts are also granted the power to issue writs for the enforcement of the Fundamental Rights.


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