UNION JUDICIARY AND STATE JUDICIARY

UNION JUDICIARY:
As the highest appellate judicial authority and the final interpreter of the Constitution, as well
as the custodian of our Fundamental Rights, the Supreme Court plays a unique position in the
structure of constitutional government in the country. Although the Constitution established a
Federal System of Government, India has a single judicial system, which has resulted in not
just jurisdictional unity but also the establishment of a single judicial cadre, as it were, for the
entire country. The Indian Judiciary, with the Supreme Court at its pinnacle, is a completely
integrated system in which the Supreme Court's writ runs not only throughout the country in
Central, State, and local territories, but also within all disciplines of law Constitutional, civil,
and criminal.

The Supreme Court is to be independent, according to the Constitution. Article 124 deals
with the Establishment and Constitution of the Supreme Court:
(1) The President of India appoints each Supreme Court judge after consulting with such
Supreme Court and State High Court justices as the President deems necessary for the
purpose. However, when a judge other than a Chief Justice is appointed, the President must
consult with the Chief Justice of India.
(2) The eradication of politics in judicial appointments is furthered by establishing minimal
criteria in the Constitution itself.
(3) After being appointed, a Supreme Court justice serves until he reaches the age of 65.
(4) A retired judge is not permitted to practice law in any court in India.
(5) A Supreme Court judge may be removed from office by an order of the President only for
proven misbehavior or incapacity after both Houses of Parliament pass a resolution to that
effect supported by a majority of the total membership of the House and a majority of not less
than two-thirds of those present and voting.
(6) A judge's terms of service cannot be changed to disadvantage him after his appointment.
(7) The judges' independence is further protected by making all actions and judgments
performed in their official capacity immune from criticism and by providing for an
establishment over which the Court has complete control.
Qualifications: Article 124(3) specifies the credentials required for appointment as a
Supreme Court Judge. The qualifications are as follows:
(a) The person must be an Indian citizen; and
(b) He/she must have served as a Judge of a High Court or two or more such courts in
succession for at least five years; or
(c) He/she must have served as an advocate of a High Court or two or more such courts in
succession for at least ten years; or
(d) He/she is a prominent jurist in the President's opinion.
There is no minimum age requirement for appointment to the Supreme Court.

TENURE & REMOVAL OF JUDGES:

The judges of the Supreme Court will serve until they attain the age of 65, according to
Article 124(2). That is, they will retire at the age of 65.
In terms of removal, Article 124(4) states that the judge can be removed for a proven
misdemeanor; the method is that the President issues an order, which is then brought to both
houses, and it must pass with a two-thirds majority of the members of the house present and
voting.
We must not forget that the President must be shown to be unable or culpable of his actions.
It can be proven by the technique for investigating the same problem, and the following
procedure must be provided forth by Parliamentary law. Article 124(5) grants the Parliament
this authority.

Article 126: Appointment of acting Chief Justice:

When the office of Chief Justice of India is vacant or when the Chief Justice is unable to
perform the duties of his office due to absence or otherwise, the duties of the office shall be
performed by such other Judges of the Court as the President may appoint for the purpose.

Article 129: The Supreme Court shall be a court of record and shall have all the powers of
such a court, including the power to penalize for contempt of itself.

Article 130: Original Jurisdiction of the Supreme Court:

The Supreme Court shall have its sessions at Delhi or in such other location or locations as
the Chief Justice of India may, with the agreement of the President, appoint from time to
time.
Article 131: The Supreme Court's original jurisdiction:
Subject to the provisions of this Constitution, the Supreme Court shall have original
jurisdiction in any dispute involving:
(a) the Government of India and one or more States; or
(b) the Government of India and any State of States on one side and one or more other States
on the other; or
(c) two or more States.
if and in so far as the dispute involves any question (whether of law or fact) on which the
existence or extent of a legal right depends:
Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty,
agreement, covenant, engagement, sanad of another similar instrument which, having been
entered into or executed before the commencement of this Constitution, continues in
operation after such commencement or which provides that the said jurisdiction shall not
extend to such a dispute.

Enforcement of Fundamental Rights:

Article 32 of the Indian Constitution stipulates that if a person's fundamental right is violated,
he or she may petition the Supreme Court. This Article addresses the issuance of writs such
as Habeas Corpus, Mandamus, Certiorari, Quo warranto, and Prohibition.
Following the issuance of these writs, one may directly petition the Supreme Court for the
enforcement of Fundamental Rights.

Article 132: Appellate Jurisdiction:

Article 132 states that appeals from any state's High Court can be heard by the Supreme
Court in both civil and criminal cases.
Article 134A requires that the matter involve some serious point of law. When all of the
conditions are met, the certificate is issued, and anyone can approach the Supreme Court on
the grounds that his or her case was wrongfully resolved.

Article 133: Appellate jurisdiction of Supreme Court in appeals from High Courts
regarding civil matters:
(1) Any judgement, decree, or final order of a High Court in the territory of India may be
appealed to the Supreme Courtroom if the High Court certifies under article 134A - (a)
that the case involves a substantial question of law of general importance; and (b) that the
High Court believes the said question requires a decision by the Supreme Court.
(2) Notwithstanding anything in article 132, any party appealing to the Supreme Court under
clause (1) may include as one of the grounds in such appeal that a substantial point of law
concerning the interpretation of this Constitution was incorrectly decided.
(3) Notwithstanding anything in this article, no appeal shall lie to the Supreme Court from a
judgement, decree, or final order of one Judge of a High Court, unless Parliament by law
otherwise specifies.

Article 134: Appellate jurisdiction of Supreme Court regarding criminal matters:

(1) An appeal shall lie to the Supreme Court from any judgement, final order, or sentence of a
High Court in the territory of India in a criminal matter if the High Court -
(a) has overturned an acquittal order and sentenced an accused person to death on appeal; or
(b) has removed any case from any court subordinate to its jurisdiction for trial before itself,
and has convicted and sentenced the accused to death in such trial; or
(c) certified under Article 134A that the case is appropriate for a Supreme Court appeal:
Provided, however, that an appeal under subclause (c) shall be subject to any regulations
made in that regard under clause (1) of article 145, as well as any restrictions that the High
Court may establish or require.
(2) Parliament may provide the Supreme Court further authority to entertain and hear appeals
against any judgement, final decision, or sentence in a criminal action rendered by a High
Court in India's territory, subject to the criteria and limitations specified in such statute.

Article 134A: Certificate for appeal to the Supreme Court:

Every High Court that renders or issues a judgment, decree, final decision, or sentence
referred to in clause (1) of article 132, clause (1) of article 133, or clause (1) of article 134,
must be referred to as the "High Court." –
(a) on its own motion; and
(b) if an oral application is made by or on behalf of the party aggrieved, immediately after the
passage or rendering of such judgment, decree final order, or sentence, determine, as soon as
possible after such passage or making, whether a certificate of the type referred to in clause
(1) of article 132, clause (1) of article 133, or, as the case may be, sub-clause (c) of clause (1)
of article 134, may be issued in respect of that case.

Article 136: Special leave to appeal by the Supreme Court:

(1) Notwithstanding anything in this Chapter, the Supreme Court may grant special
permission to appeal from any judgement, decree, determination, sentence, or order passed or
made by any court or tribunal in India's territory.
(2) Nothing in clause (1) applies to any decision, resolution, sentence, or order passed or
made by any court or tribunal established by or under any Armed Forces statute.
Article 137: Review of judgements or orders by the Supreme Court:
The Supreme Court shall have the power to review any decision pronounced or order made
by it, subject to the terms of any law adopted by Parliament or any rules made under Article
145.

Article 138: Expansion of the Supreme Court's authority:

(1) The Supreme Court shall have such additional jurisdiction and powers over any issue on
the Union List as Parliament may confer by law.
(2) If Parliament by law provides for the exercise of such jurisdiction and powers by the
Supreme Court, the Supreme Court shall have such additional jurisdiction and powers
concerning any issue as the Government of India and the Government of any State may
confer by special agreement.

Article 139: Conferment on the Supreme Court of powers to issue certain writs:
Parliament may provide the Supreme Court, by law, the authority to issue directives, orders,
or writs, including writs such as habeas corpus, mandamus, prohibition, quo warranto, and
certiorari, or any combination of these, for any purpose other than those specified in clause
(2) of article 32.

Article 139A: Transfer of certain cases:

(1) Where cases involving the same or substantially the same legal questions are pending
before the Supreme Court and one or more High Courts, or before two or more High Courts,
and the Supreme Court is satisfied, on its own motion or on an application made by the
Attorney-General of India or a party to any such case, that such questions are substantial
questions of general importance, the Supreme Court may withdraw the case or cases pending
before the High Court of the first instance.
Provided, however, that the Supreme Court may, after deciding the said questions of law,
return any case so withdrawn along with a copy of its judgment on such questions to the High
Court from which the case was withdrawn, and the High Court shall proceed to dispose of the
case by such judgment upon receipt thereof.
(2) The Supreme Court may, for the sake of justice, transfer any lawsuit, appeal, or other
procedure pending before any High Court to any other High Court.

Article 140: Ancillary powers of Supreme Court:

Parliament may, by law, confer on the Supreme Court such supplemental powers not
inconsistent with any of the provisions of this Constitution as appear necessary or desirable
for enabling the Court to exercise the jurisdiction conferred on it by or under this Constitution
more effectively.
Article 141: Law declared by Supreme Court to be binding on all courts:
The Supreme Court's decision will be binding on all courts within India's borders.

Article 142: Enforcement of decrees and orders of Supreme Court and orders as to
discovery, etc.:
(1) In exercising its jurisdiction, the Supreme Court may pass such decree or make such order
as is necessary for doing complete justice in any cause or matter pending before it, and any
such decree or order shall be enforceable throughout the territory of India in the manner
prescribed by or under any law made by Parliament and, until such provision is made, in the
manner prescribed by the President by order.
(2) Subject to the provisions of any law passed by Parliament in this regard, the Supreme
Court shall have complete authority over the entire territory of India to issue any order
requiring the attendance of any person, the discovery or production of any documents, or the
investigation or punishment of any contempt of itself.

Article 143: Power of President to consult Supreme Court:

(1) If it appears to the President at any time that a question of law or fact has arisen, or is
likely to arise, of such a nature and public importance that it is expedient to obtain the
Supreme Court's opinion on it, he may refer the question to that Court for consideration, and
the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.
(2) Notwithstanding anything in the proviso to Article 131, the President may submit a
disagreement of the type indicated in said proviso to the Supreme Court for opinion, and the
Supreme Court may, after hearing as it deems necessary, report to the President its conclusion
thereon.

Article 144: Civil and judicial authorities to act in aid of the Supreme Court:
All civil and judicial entities on Indian territory must assist the Supreme Court.

Article 145: Rules of Court, etc.:

(1) Subject to the provisions of any law made by Parliament, the Supreme Court may, from
time to time, with the President's approval, make rules for regulating generally the practice
and procedure of the Court, including -
(a) rules as to the persons practicing before the Court;
(b) rules as to the procedure for hearing appeals and other matters about appeals, including
the time within which appeals to the Court are to be entered;
(c) rules as to the procedure for hearing appeals and other matters about
(d) rules governing the entertainment of appeals under sub-clause (c) of clause (1) of article
134;
(e) rules governing the conditions under which any judgment pronounced or order made by
the Court may be reviewed, as well as the procedure for such review, including the time limit
within which applications to the Court or such review must be filed;
(f) rules governing the costs of and incidental to any proceedings in the Court, as well as the
fees to be paid in connection with such procedures;
(g) rules governing the granting of bail;
(h) rules governing the stay of proceedings.
(i) rules requiring the Court to make a summary decision on any appeal that appears frivolous
or vexatious or initiated for the intention of delaying;
(j) rules governing the procedure for inquiries referred to in Article 317 clause (1).
(2) Subject to the provisions of clause (3), rules adopted under this article may specify the
minimum number of Judges required for any purpose, as well as the
(3) There shall be a minimum of five judges sitting to decide any case involving a substantial
question of law as to the interpretation of this Constitution or hearing any reference under
article 143.
(4) No judgement shall be delivered by the Supreme Court except in open Court, and no
report shall be made under article 143 except by an opinion also delivered in open Court.
(5) No judgment or opinion shall be rendered by the Supreme Court unless a majority of the
Judges present at the hearing of the matter concur; however, nothing in this article will be
construed to preclude a Judge who does not concur from delivering a dissenting judgement or
opinion.
STATE JUDICIARY:
The High Courts of India are the primary civil courts with original jurisdiction in India. There
are in almost every state. A high court is present for 2 to 3 states in the case of small states.
Their territories have been united and are now subject to the jurisdiction of a single supreme
court. This explains why we have 29 states but only 25 high courts.
Calcutta has the first high court. In 1862, the Bombay and Madras High Court was founded.
In 2019, the number of high courts grew from 24 to 25. This is owing to the construction of
the high court in Amaravati. Delhi is the only Union Territory with its own high court.
The Chief Justice of the High Court presides over the High Court. The Chief Justice is the
only one. The number of judges is not defined by the Indian Constitution and is left to the
president's discretion.

QUALIFICATIONS TO BECOME A HIGH COURT JUDGE:

A High Court judge should be a:
• Being an Indian citizen,
• Holding a judicial office for at least ten years in Indian territory, and
• Being an advocate of the High Court for at least ten years in a row.

APPOINTMENT OF JUDGES:
 The President formally appoints the judges and Chief Justice of the High Courts.
 The President appoints the Chief Justice after consulting with the Chief Justice of India
and the Governor of the state over which the High Court has jurisdiction.
 Other High Court judges are appointed by the President on the advice of the Chief Justice
of India, the governor of that state, and the Chief Justice of the High Court.

OATH OF OFFICE:
The Chief Justice of the High Courts and High Court justices take an oath before the
Governor of the State or someone appointed by him. As a result, while the President appoints
and removes them, they take an oath in front of the governor.

TERM OF OFFICE:
A High Court judge is in office until he reaches the age of 62. If he wishes to resign, he may
do so in writing to the president. On the suggestion of the Parliament, he can also be removed
by the President. After retirement, a High Court judge may practice in either the Supreme
Court or the High Court in which he has not previously served.
PROCESS OF REMOVAL OF JUDGES:
On the recommendation of the Parliament, the President may dismiss a judge for proven
incapacity or misbehavior. Any house of parliament can introduce a resolution to remove the
HC judge. It must be introduced by at least 100 Lok Sabha members or 50 Rajya Sabha
members whenever it is introduced. The Speaker or Chairman may reject this request or form
a three-person committee to look into the concerns. If the committee deems him guilty, the
motion must be passed by a special majority in both houses. The President then provides his
approval, and the HC Judge is removed.

JURISDICTION OF HIGH COURT:

The High Courts play a major role in the administration of justice and hence a High Court has
a very wide jurisdiction. The jurisdiction of a High Court can be classified as follows:
1. Original Authority:
A High Court's original jurisdiction empowers it to hear cases in the first instance. A High
Court's original jurisdiction exists in the following areas:
1. Fundamental rights enforcement
2. Writs are issued.
3. Disputes involving marriage, divorce, guardianship, contempt of court, and so on.
4. Disputes concerning the election of MPs and MLAs
5. Disputes concerning a legal question
A High Court's original jurisdiction is further subdivided into:

2. Writ Jurisdiction:
The High Court's original jurisdiction includes writ jurisdiction. The High Court has the
authority to issue writs under Article 226 of the Constitution. The High Courts have the
authority to issue five writs: Habeas Corpus, Mandamus, Certiorari, Quo warranto, and
Prohibition. The High Court may issue such writs not just to enforce fundamental rights, but
also to protect other legal rights.
In the case of Harbanslal Sahnia v Indian Oil Corpn. Ltd (2003) 2 SCC 107, the
Supreme Court observed that even if an alternate remedy is available in a case, the
High Court may exercise its writ jurisdiction, if the writ petition is for enforcement of
any fundamental right or if there is a failure in the application of principles of natural
justice or if the proceedings or orders are complete without jurisdiction.

3. Territorial Jurisdiction:
Before issuing a writ or ruling on a case, the High Court must determine whether it has
territorial jurisdiction. This is because the High Court has authority only within specified
territorial limits.
The High Court has the authority to issue a Writ-
a. To any person or authority residing or located within the High Court's territorial
jurisdiction.
b. If the person or authority resides or is located outside the High Court's territorial
jurisdiction, it may issue a writ if the cause of action arises entirely or partially within
the High Court's territorial jurisdiction.
Public interest litigation:
A Public Interest Litigation can be launched in a High Court under Article 226 about any
topic that affects the general public's interest.
Cases involving a question of law:
According to Article 228, if the High Court is satisfied that a case pending before a
subordinate court includes a serious question of law concerning the interpretation of this
Constitution, it may decide the case itself or refer it to the subordinate court after addressing
the question of law.

4. Appellate Jurisdiction:
A High Court also serves as an appeals court. Appeals against Subordinate Court judgments
that fall within the territorial jurisdiction of a certain High Court can be made before that
High Court. High Courts have broad appellate jurisdiction since they have both civil and
criminal appellate jurisdiction. In civil cases, appeals against District Court, Additional
District Court, and other Subordinate Court decisions can be brought in the High Court. In
criminal cases, the High Court can hear appeals from the Sessions Court and Additional
Sessions Court.

5. Supervisory Jurisdiction:
Article 227 confers supervisory authority on the High Courts, which states that the High
Court has superintendence over all courts and tribunals within the regions over which it has
jurisdiction. The goal of this jurisdiction is to guarantee that subordinate tribunals operate
within the bounds of their authority and in accordance with the law. However, the High Court
does not have Supervisory Jurisdiction over Armed Forces tribunals or courts.
The Supreme Court clarified the distinction between Articles 226 and 227 in the matter of
Umaji Keshao Meshram v Smt Radhikabai AIR 1986 SC 1272. Procedures under Article 226
fall within the High Court's original jurisdiction, but proceedings under Article 227 fall under
the High Court's supervisory authority rather than its original jurisdiction.
Power of Review (Art 215):
Though the Constitution does not directly grant High Courts the power of review, the
Supreme Court has recognized that because a High Court is a court of record (Art 215), it has
the inherent ability to examine and revise its record.