Indian Judiciary System

Only available on StudyMode
  • Topic: Bench, Court, Court systems
  • Pages : 20 (7428 words )
  • Download(s) : 181
  • Published : May 13, 2013
Open Document
Text Preview
WORKING OF COURTS IN INDIA

In a political system based on constitutional Government , the functions of rule making, rule enforcement and rule interpretation are separated into the three institutions of the legislature, the executive and the judiciary. A judiciary that is independent of and acting as a check on arbitrary exercise of legislative and executive power is an essential feature of a constitutional itself means. In a federal system, the judiciary also serves as a tribunal for the final determination of disputes between the union and its constituent units. Given the tremendous importance of the role and functions of the Supreme Court & High Courts, various measures have been adopted to ensure the independence of the judiciary. The judiciary in India is paradoxical institution. On the one hand courts are extraordinarily powerful on the other, its working seems manipulated by the executive. Through a creative interpretation of the constitution, courts have not only exercised their power of judicial review but also have to managed to place the limits on the power of parliament to amend the constitution. There are 20 million case pending in Indian courts, of which 3.2 million are in the High Courts.

THE SUPREME COURT
The entire judicature has been divided into three tiers. At the top there is a Supreme court (apex), below it is the High Court and the lowest rank is occupied by session’s court. The supreme Court is the highest court of law. The constitution says that the law declared by the supreme court shall be binding on all small courts within the territory of India(Art. 141). Below the Supreme Court, are the High Courts located in the states. Under each High Court there are District Sessions Courts. Subordinate Courts and Courts of Minor Jurisdiction called Small cause courts. Given the importance of the judiciary in a federal system resting on limited government , The Supreme Court was designed to make it the final authority in the interpretation of the constitution . While framing the judicial provisions, the constituent assembly gave a great deal of attention of the courts, the power of the supreme court and the issue of judicial review. PRIVILEDGES OF SUPREME COURT

The Constitution makes sure that the Supreme Court is independent as much as possible.

Eligibility
-The person must be a citizen of India
-Judge of a High Court or of two or more such Courts in succession for at least five years, or -An Advocate of a High Court or of two or more such Courts in succession for at least ten years, or -The person must be, in the opinion of the President, a distinguished jurist. -A Judge of a High Court or retired Judge of the Supreme Court or High Courts may be appointed as an ad-hoc Judge of the Supreme Court.

Appointment:
Though the President has the appointing authority with the advice of his Council of ministers the appointment of the Supreme Court Judge has been lifted from the realm of pure politics by requiring the President to consult the Chief Justice of India in the matter.

Salary:
The salary and allowances of a judge cannot be reduced after appointment.the salaraies of the judges are fixed by the constitution and providing that though the allowances,leave and pension may be determined by law made by the Parliament,these shall not be varied to the disadvantage of a judge during his term of office except may be during a ‘financial emergency’.the adminstrative expenses of the Supreme Court,the salaries and allowances of the Judges and staff of the Supreme Court shall not be subjected to vote in Parliament and would be charged on the ‘Consolidated Fund of India’.

Contempt of court:
The Constituion allows the Supreme Court to punish anyone for contempt of any law court in India,under Articles 129 and 142. The Supreme Court perforemed an unprecedneted action when it directed a sitting minister of the state of Maharashtra,Swaroop singh Naik,to be jailed for one month incharge of contempt...
tracking img