Class Notes

THE JUDICIARY

Functions of Judiciary in short

 Its role is to interpret and explain the laws passed by the legislature.
 It punishes those who violate the country’s laws.
 It hears all the cases that deal with a dispute.
 It protects the rights of the citizens.

Qualifications and Terms of Office for a Supreme Court Judge

 To become a Supreme Court judge, a person must be an Indian citizen.
 He should have been a judge in a High Court for at least five years.
 He should have served as an advocate in a High Court for at least 10 years.
 He Should be a distinguished jurist in the opinion of the president.
 The judge of a Supreme Court may hold office until he or she attains 65
years of age.

POWERS AND FUNCTIONS OF THE JUDICIARY:

JURISDICTION:
● Original jurisdiction: refers to the right of the Supreme Court to hear a case for
the first time. It has the exclusive right to hear all cases that deal with disputes
between states, or between states and the Union government
● Appellate jurisdiction: refers to the right of the Supreme Court to hear cases
already disposed of by a High Court, when an appeal is made to it.
● Advisory jurisdiction: refers to the jurisdiction that the Supreme Court has to
advise the president, or to interpret laws for him or her if he needs the same.
JUDICIAL REVIEW:

 In India, The Supreme Court and High Courts have the power of judicial
review.
 By Judicial review, The Supreme Court has the power to interpret the
constitution.
 No order of the government should violate any provision of the constitution.
 If violated, that law can be declared invalid by the Supreme Court with its
power of judicial review.

COURT OF RECORD:
Importance of the Court of Record.
Every proceeding of the Supreme Court is recorded for future reference; a court
reporter does this act. This is done:
 So that the judgements act as guidance for other courts to follow while
making decisions in similar cases.
 To make sure that there is a permanent recording of the Court’s rulings.
 To impose fines and imprison people for contempt of the Court.

ISSUING OF WRITS:
 Writ of habeas corpus: It is issued when a person is detained illegally or
wrongfully. It is used to protect a person’s freedom.
 Writ of mandamus: It is issued when the person holding public office has
failed to perform his or her duty. A mandamus commands a public
authority or officer to do his or her public duty.