இந்தக் கட்டுரையில், TNPSC குரூப் 1, குரூப் 2, குரூப் 2A, குரூப் 4 மாநிலப் போட்டித் தேர்வுகளான TNUSRB, TRB, TET, TNEB போன்றவற்றுக்கான முறைகள் இலவசக் குறிப்புகளைப் பெறுவீர்கள்.தேர்வுக்கு தயாராவோர் இங்குள்ள பாடக்குறிப்புகளை படித்து பயன்பெற வாழ்த்துகிறோம்.
Judiciary in India
Supreme Court -1
Introduction
Judiciary is the third organ of the government. It plays a vital role in protecting the rights
and freedom of the citizens.
With respect to the establishment of the Supreme Court of India, the Government of
India Act, 1935 is landmark legislation.
The Act attempted to change the structure of the Indian Government. There was a shift
from a ‘unitary’ to a ‘federal’ type of government necessitating the need of a Federal
Court.
Thus, the Act made specific provision in this regard and the Federal Court was
inaugurated in the year 1937.
It consisted of a Chief Justice and six judges.
In 1950, the Federal Court of India was succeeded by the Supreme Court of India.
The Federal Court in its short span of 12 years left an indelible impact on the legal
history of India.
It was the first court with a national jurisdiction.
It was from this Federal Court that its successor inherited the traditions of
independence, integrity and impartiality.
Also, between 1726 and 1833, the role of the Privy Council requires special mention.
It contributed immensely to the judicial system of India, laying down the fundamental
principles of Indian law that serve as a beacon to the Indian Courts, even today.
The Indian Independence Act, 1947 resulted in the transfer of political power and this
necessitated the establishment of a separate and independent judicial body.
With this objective, the jurisdiction of the Federal Court was enlarged and the Abolition
of the Privy Council Jurisdiction Act, 1949 was passed making the Federal Court of India
the highest judicial body in the country.
With the enforcement of the Constitution on 26 January 1950, Article 124 provided for
the establishment of the Supreme Court of India.
Thus, there has been a slow and steady evolution of the Indian judicial system and it has
proven to be better and wiser with time.
Supreme Court
The Supreme Court of India, New Delhi was inaugurated on 28 January 1950.
It succeeded the Federal Court of India, established under the Government of India Act
of 1935.
The Supreme Court is the Guardian of the Constitution.
Our judiciary is autonomous of the Legislative and Executive wing of the Union and State
Government.
An integrated judiciary means a single judicial hierarchy for the whole country.
The judiciary plays an important role in defending the rights and freedom of the citizens.
Composition of the Supreme Court
At the commencement of the Constitution in 1950, our Supreme Court consisted of 8
judges including the Chief Justice.
At present, the Supreme Court consists of 34 judges including the Chief Justice.
Qualification of Supreme Court Judges
He must be a citizen of India.
He should have worked as a Judge of a High Court for at least 5 years.
He should have worked as an advocate of High Court for at least 10 years.
He is in the opinion of the President, a distinguished Jurist.
Appointment of Judges
The Chief Justice of Supreme Court in India is appointed by the President of India.
The other judges are appointed by the President in consultation with the collegium with
Chief Justice as the Head.
National Judicial Appointments Commission (NJAC) Act (The Constitutional Amendment
Act), 2014 was passed in Parliament in order to replace the existing collegium system for
the appointment of the judges.
By this Act, a new Article 124A was inserted into the Indian Constitution, which provides
for the composition of the NJAC.
In 2015, the Supreme Court of India repealed the NJAC and the Ninety-ninth
Amendment Act as it would undermine the independence of the judiciary.
The Chief Justice and other judges of the Supreme Court hold the office up to the age of
65 years.
Salary and Resignation of the Judges
The Judges of the Supreme Court can resign before their term by giving their resignation
in writing to the President. The Parliament also has power to remove the Judges by
invoking impeachment provisions.
Salary and allowances of the Judges are determined from time to time by the
Parliament.
Power of the President in Supreme court
The Constitution also provides for the appointment of Judges to the Supreme Court on
an ad-hoc (temporary) basis.
The Supreme Court has its permanent seat in “New Delhi”.
It may also sit any other place in India which may be decided by the Chief Justice of India
with the approval of the President of India.
The President has the power to appoint the retired Judges for some cases.
Powers of the Supreme Court
By Article 32 of the Indian Constitution, the Supreme Court has the power to issue writs
in the interests of justice to the people.
The Supreme Court has the power to issue following writs:
Habeas Corpus:
It literally means a demand to produce the person in body. It applies in cases
where a person is alleged to have been illegally detained.
This writ safeguards personal liberty of every individual.
Mandamus
It is a command to act lawfully and to resist from penetrothing an unlawful act, it
is meant to direct any authority to perform its legal duty.
Mandamus may he issued against any authority, officers, Government or even
judicial bodies that tail or refuse to perform a public duty and discharge a legal
obligation.
Prohibition
It is issued by a higher court to a lower court or tribunal for prohibiting it from
exceeding its jurisdiction.
A writ of prohibition is issued only against a judicial or quasi-judicial body.
Certiorari
Certiorari too lies against judicial or quasi-judicial authorities, and it means ‘to be
informed’. The writ of certiorari is issued to quash illegal orders of judicial or quasi-
judicial bodies.
Quo-Warranto
It is a question asking ‘with what authority or warrant’. This is meant ascertain the legal
position in regard to the claim of a person to hold a public office.
Jurisdiction of the Supreme Court
Original Jurisdiction
The Constitution of India vests the Supreme Court with original and exclusive jurisdiction in any
dispute:
between the Government of India and one or more states, or
between the Government of India and any State or States on one side and one or more
other States on the other, or
between two or more States.
Appellate Jurisdiction
The Supreme Court is the final appellate court in the country. The Supreme Court hears
appeals against the Judgements of the High Courts of States in both civil and criminal
cases.
Such a case can be brought before the Supreme Court only if the High Court certifies
that the case involves a substantial question of law as to the interpretation of the
Constitution.
Even if the certificate is not granted by the High Court, the Supreme Court has the right
to grant special leave to appeal from any judgement, decree, determination, sentence
or order in any case or matter passed or made by any Court or tribunals in the territory
of India.
In civil cases, an appeal can be made to the Supreme Court against the judgement of the
High Court.
In criminal cases, an appeal against the judgement of final order or sentence in a
criminal proceeding of a High Court in the territory of India can be taken to the Supreme
Court.
Advisory Jurisdiction
The Constitution confers on the President, the power to refer to the Supreme Court, in any
question of law or fact, which in his opinion is of public importance.
Other Jurisdiction
The Supreme Court has the following other powers:
The supreme court order will control the courts in all parts of India.
The Supreme Court has been empowered to frame rules regulating the general
procedures and procedures of the Court with the approval of the President.
The Supreme Court has full control over its work structure.
Judicial Review
The power of the judiciary to declare a law as unconstitutional is known as “Judicial
Review”.
The Supreme Court of India has individual review power with regard to,
Dispute between the Centre and the States.
To interpret and clarify a provision of the constitution about which there are some
doubts and differences of opinion.
Protecting the fundamental rights.
Those laws passed by the legislatures which are not in accordance with the
Constitution.
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