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Union and State Judiciary

The Union Judiciary (http://www.judis.nic.in/) consists of the Supreme Court of India. The Supreme Court is the ultimate court of appeals for the nation. It has original, appellate and advisory jurisdiction. It hears appeals from the High Courts and acts as a court of review over subordinate tribunals. Its exclusive original jurisdiction extends to any dispute between the Government of India and one or more States or between the Government of India and any State or States. Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. The Supreme Court can also issue writs in the nature of habeas corpus, mandamus, prohibition, and certiorari and quo warranto for the enforcement of fundamental rights.

The Supreme Court consists of a Chief Justice and such number of puisne judges as the Union Legislative may legislate. The President in consultation with the Chief Justice of India appoints the judges of the Supreme Court. The senior-most puisne judge is normally appointed the Chief Justice of India. A judge of the Supreme Court holds office until he attains the age of 65 years. He could be removed earlier by impeachment by both the Houses of Parliament.

 

The State Judiciary consists of a High Court for each State (http://goidirectory.nic.in/judi.htm#hc) and subordinate courts (http://indiancourts.nic.in/sitesmain.htm ). Each High Court consists of a Chief Justice and a number of puisne judges. The President appoints a High Court judge after consultation with the Chief Justice of India, the Governor of the State and the Chief Justice of that State. A High Court judge holds office till he attains the age of 62 years. A High Court judge can be impeached in the same manner as a Supreme Court judge.

 

The High Court hears appeals from the subordinate courts and tribunals. It also acts as a court of revision for the subordinate courts and tribunals. The High Court has powers to issue writs of habeas corpus, certiorari and others. Some High Courts also exercise original jurisdiction in civil matters and admiralty jurisdiction. The language of the Supreme Court and the High Court is English, although the national language Hindi is rapidly gaining ground.

 

Subordinate courts are divided into criminal and civil courts. The civil courts consist of Munsif courts and courts of Subordinate Judges. Appeals normally lie from these courts to the District Court and then to the High Court. A litigant is normally entitled to two appeals-a first appeal both on facts and law and a second appeal on law alone. The criminal courts consist of Magistrates of first or second class and the Courts of Session. Appeals from the Magistrates’ courts lie to the Court of Session and then to the High Court.

 

Specialised tribunals are established such as the Income tax Appellate Tribunal, the Company Law Board, the Sales Tax Appellate Tribunal, the Consumer Forums, the Central and State Administrative Tribunals, the Debt Recovery Tribunal Lok Adalats (Peoples’ Courts), Mahila Courts (Women’s Courts), Fast Track Courts, Special Courts/Designated Courts under various enactments. All these tribunals are under the superintendence of the High Court within whose territorial jurisdiction they function. (http://goidirectory.nic.in/judiother.htm)

 

Source:-Guide to Indian Laws- By V. Ramakrishnan

 



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