MAGNA CARTA 2022

THE PRELIMS POLITY CRASH

COURSE
Lecture 7- Judiciary
Atish Mathur:

www.atishmathur.com

telegram: https://t.me/csepaper2atish
Class Structure
1. Structure
2. Comparative Review
3. Reading List
 Independent + Integrated

Oath
CoM Pres. Supreme Court Civil
Appt. Courts of Record + Contempt
© Criminal
Governor Oath Higher
323A (Admin)(Parl.)(One-Centre,
Judiciary High Courts One-State)
Parliamentary Tribunals
Removal ©
323B (Others)(Parl./S.L.)(Hierarchy)
(SC+HC)
Special Courts (Family)
District Courts
{Family Courts Act, 84}
©
Apptd. By Gov. Lok (Legal Services
Lower Local Courts
State-wise exams Adalats Authorities Act, 1987)
Judiciary
HC Judges interview
panelists (Civil only no
Gram appeal)
Nyayalayas
Civil+Criminal
(Gram Nyayalayas Act, 08)
 CJI CJ-HC

Admin SC Judges Admin HCs Judges

Sec.
Registrar Registrar
Gen.

Lawyers Lawyers
 3rd Judges Case

Memorandum of Procedure Memorandum of Procedure

Constitution
SC Judges (Inquiry) Act, 1968 HC
SC HC
Rules Judges Protection Act, 1985 Rules
Contempt of Courts Act, 1971

SC Judges SC Judges HC Judges

(Salaries & (No. of (Salaries &
Conditions Judges), Act, Conditions
of Service), 1956 of Service),
Act, 1958 + Act, 1954 +
Rules Rules
 According to the Constitution,
All SC + HC Judges Apptd. By President Consultation with SC/ HC
Judges Judges

SC (oath by HC (oath by
Pres.) 3rd Judges Case Gov.)

Collegium: CJI+ 4 Collegium: CJI+ 2

senior SC judges senior SC judges
MOP MOP
CJI Other SC Judges CJ-HC Other HC Judges
(seniority
principle) Collegium
Consensus Seniority Governor Collegium Pres: CJ-HC
Principle Consult Consensus Consult
 Qualifications Retirement @ 62
Retirement @ 65 Delhi (or “x” Can’t practice law
Can’t practice law by CJI/Pres. anywhere in the
anywhere in India Approval) state(s) where HC
Judge

SC (Salary + Pension, both CFI) HC (Salary: CFS, Pension: CFI)

Citizen, and Citizen, and

HC Judge for 5 years Judicial office for 10 years
OR OR
HC Lawyer for 10 years HC Lawyer for 10 years
OR
Distinguished jurist as per
President
 Removal of SC/ HC Judges

Constitution + Judges Inquiry Act, 1968

Proved
Grounds Authority Procedure
misbehavior/
incapacity
Not guilty- X
• CJI/ SC(J)
3-member • CJ-HC/
Admit HC(J)
Removal Committee
Motion Presiding • Distinguished
(100- LS or Officer Jurist
50- RS) Guilty
Reject

X Spl. Maj.- II

President
 SC Jurisdiction
HC/SC- SC (same question of law)

HC- HC (justice)
1. Original: Writ [32] + Centre/State Dispute [131(1)] + Transfer Petitions [139A(1)][139A(2)] + Pres./VP
Election Dispute [71]
2. Appellate: Civil/Criminal/Other [132] + Civil [133] + Criminal [134] {HC certificate of appeal required}
3. Extra Ordinary Appellate: Special Leave Petition [136] {from any lower court/ tribunal, no HC
certificate of appeal required}
SC can deny SC can’t deny
4. Advisory: Pres. Reference [143(1) + 143(2)] + Inquiry- PSC member [317]

Public imp. Pre-const. obligation

5. Plenary: Review [137] + Curative [142] Gross miscarriage of justice
Prevent abuse of law
Review any Any person
SC judgement
 Binding Value of Judgements
CJI- Master of the Roster (Principle of Stare Decisis)

SC Larger Bench
Bench
2-3 Judges (open Binding
court)
Binding SC Bench of co-
SC Smaller Bench equal strength
Binding
Constitutional
bench (Min. 5 High Courts Persuasive
Other HCs
Judges)
145(3) Binding

Lower Courts
under its
jurisdiction
 Comparison

215 (contempt)
32+129 (contempt) Suo moto Suo moto
SC HC 226
227 (supervisory suo motu)

1. HC has wider writ jurisdiction (226): Fundamental & Legal Rights

2. Constitutionality of a law can be challenged both at the SC & HC
3. Sc can only punish for contempt of itself whereas HC can punish for
contempt of itself and lower courts
4. Death penalties are confirmed by HCs
Essential Reading List