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3. The Judiciary

The Judiciary serves as an essential organ of the government, responsible for interpreting laws and protecting the rights of citizens. It features a hierarchical structure starting from the Supreme Court, followed by High Courts and Subordinate Courts. The Supreme Court has the highest authority, dealing with cases of constitutional interpretation, while ensuring judicial independence and the upholding of fundamental rights.

Sections

  • 3

    The Judiciary

    This section discusses the judiciary as an independent government organ that interprets laws and protects citizens' rights.

    Learning Practice

  • 3.1

    Introduction

    The Judiciary is the third independent organ of government, responsible for interpreting laws and protecting citizens' rights in India.

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  • 3.2

    Structure Of The Judiciary

    The structure of the judiciary in India comprises the Supreme Court, High Courts, and Subordinate Courts, each with distinct roles and jurisdictions.

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  • 3.2.1

    Supreme Court

    The Supreme Court of India is the apex judicial body, responsible for interpreting laws, settling disputes, and safeguarding citizens' rights.

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  • 3.2.2

    High Courts

    High Courts, one for each state or group of states, play a pivotal role in the Indian judiciary system by hearing appeals and supervising subordinate courts.

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  • 3.2.3

    Subordinate Courts

    Subordinate Courts serve as the civil and criminal courts at a local level in India, operating under the supervision of High Courts and include District and Sessions Courts.

    Learning Practice

  • 3.3

    The Supreme Court

    The Supreme Court is the apex judicial body in India, comprising the Chief Justice and other judges, establishing qualifications, tenure, and functions essential for upholding the Constitution.

    Learning Practice

  • 3.3.1

    Composition

    The composition of the Supreme Court includes the Chief Justice of India and a maximum of 33 other judges, all appointed by the President of India.

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  • 3.3.2

    Qualifications

    This section outlines the qualifications required for a judge of the Supreme Court of India, emphasizing citizenship, experience, and age limits.

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  • 3.3.3

    Tenure

    The tenure of Supreme Court judges is until the age of 65, and they can be removed only through impeachment.

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  • 3.4

    Jurisdiction Of The Supreme Court

    This section outlines the various jurisdictions of the Supreme Court, including its roles in original, appellate, advisory, and writ jurisdictions.

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  • 3.4.1

    Original Jurisdiction

    Original jurisdiction grants the Supreme Court the authority to resolve disputes directly between the Government of India and states, as well as among states themselves.

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  • 3.4.2

    Appellate Jurisdiction

    The Appellate Jurisdiction of the Supreme Court allows it to hear appeals on decisions from higher courts, focusing on civil and criminal cases and constitutional matters.

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  • 3.4.3

    Advisory Jurisdiction

    The Advisory Jurisdiction of the Supreme Court allows the President to seek the court's advice on legal matters.

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  • 3.4.4

    Writ Jurisdiction

    Writ jurisdiction allows the Supreme Court to issue writs for the enforcement of Fundamental Rights.

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  • 3.5

    Functions Of The Supreme Court

    The Supreme Court functions as the guardian of the Constitution and protector of fundamental rights, also handling appeals and resolving disputes.

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  • 3.6

    Independence Of The Judiciary

    The independence of the judiciary ensures that judges can make unbiased decisions free from external pressures, with their appointments, tenure, and remuneration protected by law.

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  • 3.7

    Judicial Review

    Judicial review is the power of the Supreme Court to assess the constitutionality of laws and executive actions.

    Learning Practice

  • 3.8

    High Courts

    High Courts are the principal courts of the states, overseeing the administration of justice and ensuring fundamental rights in each state.

    Learning Practice

  • 3.8.1

    Composition

    This section discusses the composition of High Courts in India, detailing the roles of the Chief Justice and other judges.

    Learning Practice

  • 3.8.2

    Jurisdiction

    The jurisdiction of High Courts is similar to that of the Supreme Court but is limited to the specific state.

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  • 3.8.3

    Functions

    This section outlines the essential functions of High Courts in India, including their role in hearing appeals, issuing writs for fundamental rights, and supervising subordinate courts.

    Learning Practice

  • 3.9

    Subordinate Courts

    Subordinate Courts in India are local courts that handle civil and criminal cases under the supervision of High Courts.

    Learning Practice

References

h3.pdf

Class Notes

Memorization

What we have learnt

  • The Judiciary is a vital pa...
  • The Supreme Court stands at...
  • Judicial independence is cr...

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