JUDICIARY

Union Judiciary and State Judiciary

By: Dr. Azim B. Pathan

Union Judiciary and State Judiciary: By Dr. Azim

B. Pathan

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In any country, Judiciary plays the important role of interpreting and applying the law and
adjudicating upon controversies between one citizen and another and between a citizen and the
state.
It is the function of the courts to maintain rule of law in the country and to assure that the
government runs according to law.
In a country with a written constitution, courts have the additional function of safeguarding the
supremacy of the Constitution by interpreting and applying its provisions and keeping all
authorities within the constitutional framework.
In federation, the Judiciary has another meaningful assignment, namely, to decide controversies
between the constituent States inter se, as well as between the Centre and the States.
In India, in addition to above, the judiciary also has the significant function of protecting and
enforcing the Fundamental Rights of the people guaranteed to them by the Constitution.
Justice Untwalia has compared the Judiciary to a watching tower above all the big structures of
the other limbs of the state from which it keeps a watch like a sentinel on the functions of the
other limbs of the state as to whether they are working in accordance with the law and the
Constitution, the Constitution being supreme.

Union Judiciary and State Judiciary: By Dr. Azim

B. Pathan

* Composition of Supreme Court

A. Strength of the Court:

Originally, under Art. 124 (1), the strength of the court was fixed at one Chief Justice and seven other
judges. But Parliament has been given power to increase the number of other judges beyond seven.
This number has been increased progressively to 30 by the enactment of the Supreme Court (Number of
Judges) Act, 1956, amended in 2008 (Supreme Court (Number of Judges) Amendment Act, 2008).

B. Appointment of Judges

According to Art. 124 (2), the judges of Supreme Court are appointed by the President by warrant
under his hand and seal on the recommendation of the National Judicial Appointments Commission
referred to in Art. 124 A and shall hold office until he attains the age of sixty-five years
(substituted for after consultation with such of the Judges of the Supreme Court and of the High
Courts in the States as the President may deem necessary for the purpose by the Constitution
(Ninety-ninth Amendment) Act, 2014.
124 A National Judicial Appointments Commission: (1) There shall be a Commission to be known as
the National Judicial Appointments Commission consisting of the following, namely:
a) the Chief Justice of India- Chairperson, ex-officio;
b) two other senior judges of the Supreme Court next to the Chief Justice of India-Members, ex officio;
c) the Union Minister in charge of Law and Justice-Member, ex-offcio;
d) two eminent persons to be nominated by the committee consisting of the Prime Minister, the Chief Justice of India and Leader of
Opposition in the House of the People or where there is no such Leader of Opposition, then, the Leader of single largest Opposition
Party in the House of People- Members:

PROVITED

that one of the eminent persons shall be nominated from amongst the persons belonging to the Scheduled Castes, the
Scheduled Tribes, Other Backward Classes, Minorities or Women:

PROVIDED FURTHER that an eminent person shall be nominated for a period

of three years and shall not be eligible for renomination.

(2) No act or proceedings of the National Judicial Appointments Commission shall be questioned or
be invalidated merely on the ground of the existence of any vacancy or defect in the constitution
of the Commission.
Union Judiciary and State Judiciary: By Dr. Azim
B. Pathan

* Qualification of Judges:
* To eliminate politics in

the appointment of judges, high minimum qualifications have been

prescribed.
* A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is (a) a
citizen of India and (b) either a distinguished jurist; or has been a High Court Judge for at least 5
years or has been an Advocate of a high Court (or two or more such Courts in succession) for at
least 10 years.
* Tenure of Judges:
* No minimum age is prescribed for appointment as a Judge of the Supreme Court, nor any fixed
period of office. Once appointed, a Judge of the Supreme Court may cease to be so on the happen
ing of any one of the following contingencies; (other than death) (a) on attaining the age of 65
years; (b) on resigning his office by writing addressed to the President; (c) on being removed by the
President upon an address to that effect being passed by a special majority of each House of
Parliament viz. a majority of the total membership of that House and by majority of not less than
two-thirds of the members of that House present and voting. The only grounds upon which such
removal may take place are (1) proved misbehavior and (2) incapacity.
* The age of the Judge of the Supreme Court shall be determined by such authority and in such a
manner as Parliament may by law provide. This provision was inserted by Fifteenth Amendment Act
1963.

Union Judiciary and State Judiciary: By Dr. Azim

B. Pathan

(B) Jurisdiction of the Supreme Court of India:

(1) Original Jurisdiction: (Article 131)
The Supreme Court can directly hear several cases which cannot be heard by any other court. It constitutes its
original jurisdiction.
In involves following cases:
(i) Disputes between the Government of India and one or more States.
(ii) Disputes between the Government of India and any State or States on the one side and one or more States
on the other.
(iii) Disputes between two or more States which involves any question on which the existence of a legal right
depends.
In other words, all legal disputes between the center and states and among the states can be heard and settled
by the Supreme Court.
(2)Appellate Jurisdiction: (Article 133, Article 134)
The Supreme Court is the highest court of appeal in all civil and criminal cases. It can hear appeals against the
decisions of the State High Courts, and this constitutes its Appellate Jurisdiction. The appeal can come before
the Supreme Court in case the High Court issues a certificate to this effect.
In civil cases there can be an appeal against the judgement of the High Court when the latter certifies
that:
(i) The case involves a substantial question of law of general importance; or
(ii) In the opinion of the High Court the said question needs to be decided by the Supreme Court.
In criminal cases an appeal lies from any judgement given by the High Court if:
(i) The High Court has reversed an order of acquittal of an accused and sentenced him to death; or
(ii) The High Court has withdrawn for trial a case from any subordinate court and awarded death sentence to
the accused ; or
(iii) The High Court certifies under Article 134(A) that the case is fit for appeal to the Supreme Court.
In all cases involving the interpretation of the constitution, the Supreme Court can hear appeals against the
Union of
Judiciary
and State
decisions
any state
HighJudiciary:
Court. By Dr. Azim
B. Pathan

3.Special Leave to Appeal: (Article 136)

The Supreme Court can grant special leave of appeal against any judgement,
decree, or order in any case decided by any court or tribunal in India.
4.Advisory Jurisdiction: (Article 143)
The President of India can seek the advice of the Supreme Court in respect
of any legal matter of high public importance. In such a case the Supreme
Court has to give its advisory opinion to the President. However, such an
advice is not binding upon the President.
5.Jurisdiction in respect of Fundamental Rights: (Article 32)
The Supreme Court has the power to issue writs for the enforcement of the
Fundamental Rights of the people. It acts as the guardian protector of the
fundamental rights of the people.
6.Jurisdiction regarding the electoral dispute in respect of the election
of the President and the Vice-President: (Article 71)
The disputes concerning the election of the President and the Vice-President
of India are heard directly by the Supreme Court.
Union Judiciary and State Judiciary: By Dr. Azim
B. Pathan

7.Power to Interpret and Protect the Constitution:

The Constitution of India is the supreme law of the land. The Supreme
Court acts as the final interpreter and guardian of the Constitution. It
has the power to reject any law which it finds to be unconstitutional. It
can determine the constitutional validity of all laws which are
challenged before it. This is known as the Courts power of Judicial
Review.
8.Supreme Court as the Court of Record: (Article 129)
The Supreme Court is a Court of Record. Its decisions bind all courts in
India. High Courts and Subordinate Courts use its decisions/judgments
as laws and decide the cases before them. Records of the Supreme
Court are admitted as Final evidences and cannot be questioned when
these are produced and referred to in any court of India.
9.Power to Review its own Judgements: (Article 137)
The Supreme Court has the power to review its own decisions. At any
time it can change or revise its earlier Judgements.
Union Judiciary and State Judiciary: By Dr. Azim
B. Pathan