Judiciary, the third arm of a democratic system, plays a vital role in interpreting and applying Indian law and adjudicating disputes between the nation and its citizens. It is the measuring arm of legislative and executive functions. The function of safeguarding and ensuring the fundamental rights granted by the Constitution is a feature of the Indian judicial system.
Supreme Court
The Supreme Court came into being on January 26, 1950. It consists of a Chief Justice and 25 other judges. The Supreme Court is constituted as per Article 124 of the Constitution. It first started functioning on 26-11-1950. It consists of a Chief Justice and six other justices together made a total of seven justices. At present there is a total of twenty-six justices including one Chief Justice, twenty-five other justices.
[ Supreme Court of India ]
Qualifications of Judges
- Should be a citizen of India.
- Should have been a judge in the High Courts for a term of ten and more years.
- Must have been a High Court Judge for five or more years.
- Retirement age of Supreme Court Justices is 65 years.
- Resignation can be done by submitting a letter of resignation to the President.
How about demotion?
Any Justice of the Supreme Court may be removed by reason of infirmity or incapacity in his case. By a majority of each House of Parliament and not less than 2/3 majority of the members present and consenting. Consent must be obtained through this. It should be submitted to the President in the same session. Then the President will take further action.
Court Powers
Article 32 empowers the court to issue writs to enforce fundamental rights.
a) Article 71 provides for adjudication of all doubts and disputes arising in connection with the election of
the President.
b) Any High Court within the jurisdiction of India under Article 132(1) civil. Any judgment rendered in criminal
or other matters, a case involving a decree final order involves a substantial question of law relating to the
interpretation of this Constitution. If the High Court certifies that, there is an opportunity to file an appeal
to the Supreme Court against that decision. The Supreme Court may, in its discretion, grant leave to appeal
against the judgment, sentence order or orders passed by any court in any suit or matter.
Attorney General
The Attorney General is appointed by the President. Must be an Indian citizen. Must have served as Chief Justice of High Court for at least 5 years. Must have served as Chief Justice of High Court for at least ten years. In the eyes of the President, he should be considered a jurist and a scholar.
Functions
- Seeking legal advice in the Supreme Court on behalf of the President.
- Arguing in the Supreme Court on behalf of the Central Government.
- Providing legal advice to the Centre.
- Participating in the session of the Parliament and answering the questions of the members.
- The Attorney General is known as the Chief Justice of India.
- They are the ones who can participate in Parliament even if they are not members of Parliament.
High Court
The judicial administration of the state is headed by the High Court. It consists of a Chief Justice appointed by the President and all judges of the High Courts including other judges from time to time. The Karnataka High Court at Bangalore is one of the High Courts in India.Eligibility to become a High Court Judge is to be a citizen of India. Must have practiced as an Advocate in High Courts for at least ten years. He will hold his degree till he reaches the age of 62 years of service. But the President can resign whenever he wants.
[ First high court of the country Calcutta High Court Estd. July 1862 ]