As a Federal Court:

• Article 131 of the Indian Constitution vests the SC with original and exclusive jurisdiction to determine the justiciable disputes between the Union and the States or between the States.

As a Guardian of the Constitution: 

• The Supreme Court is the protector and guardian of the constitution. The Supreme Court is the authority to safeguard the fundamental rights of the citizens.

As a Court of Appeal:

• An appeal lies to the Supreme Court in respect of civil and criminal cases irrespective of any constitutional question. (Article 132, 133 and 134)

As Advisor:

• The Supreme Court has an advisory jurisdiction in offering its opinion on any question of law or fact of public importance as may be referred to it for consideration by the President. (Article 143)

As an Interpreter of the Constitution and Law:

• The cases involving the interpretation of the constitution either certified by the High Court or being satisfied by the Supreme Court itself, an appeal shall lie to the Supreme Court.

As the Court of Record:

• The Supreme Court is a Court of Record. Its decisions bind all courts in India. HC and Subordinate Courts use its decisions/judgments as laws and decide the cases before them.

As per Writ Jurisdictions:

• Under Art. 32 of the constitution of Supreme Court can issue Writs in the nature of Habeas Corpus, Mandamus, Prohibition, and Quo-warranto Certiorari; for the enforcement of fundamental rights.

Power of Judicial Review and SC (Article 137):

• The power of the Judiciary to examine the validity of the law in light of the Constitution of India is called Judicial Review. If any law enacted by the Parliament is inconsistent with the spirit or letter of the constitution and it affects the rights of Citizen then it is for the SC to see to it. (Article 137)

Jurisdiction:

• Under Articles 124 to 147 of the Indian Constitution, the jurisdiction of the Supreme Court is being fixed. This court is primarily of the status of the appellate court. This court is accepting the appeals of cases which are being heard in the High courts situated in different states and union territories with the dissatisfaction of related parties.
• This court also accepts writ petitions with the suspected occurrence of activities which may infer about violation of human rights and subsequent petitions are accepted to hear and judge the consequences of such happenings.
• This court also accepts matters of dispute between the Union and the State Government or between two State Governments. Between Union with some State Government/s and Any State Government/s
• This court also hears about such serious issues which need to be attended with immediate attention

Classification of Jurisdiction:

• The jurisdiction of the Supreme Court is classified under different types:

Original jurisdiction: 

• The Supreme Court exercises original jurisdiction exclusively to hear the cases of disputes 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 States on the other or between two or more States.
• In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari to enforce them
• The Supreme Court has been conferred with power to direct transfer of any civil or criminal case from one State High Court to another State High Court or from a Court subordinate to another State High Court. The Supreme Court, if satisfied that cases involving the same or substantially the same questions of law are pending before it and one or more High Courts or before two or more High Courts and that such questions are substantial questions of general importance, may withdraw a case or cases pending before the High Court or High Courts and dispose of all such cases itself.
• Under the Arbitration and Conciliation Act, 1996, International Commercial Arbitration can also be initiated in the Supreme Court.

Appellate Jurisdiction: 

• The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution.
• The Supreme Court has the jurisdiction of hearing the appeal raised against the judgment of all High Courts of India provided the respective High Court grants the certificate related to the query about the interpretation of the Constitution of India. In case of any civil dispute, if the High Court thinks that the intervention of Supreme Court is required to resolve substantial query of law regarding the importance, in general, is there and the High Court infers that the specific query is to be decided by the Supreme Court.
• In criminal cases, an appeal lies to the Supreme Court if the High Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (c) certified that the case is a fit one for appeal to the Supreme Court.
• Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies : (a) that the case involves a substantial question of law of general importance, and (b) that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court.
• Supreme Court has the power to exercise extraordinary jurisdiction to hear any appeal related to any matter for which any court or tribunal had decided with judgment through the option of a special leave petition. The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals (except the case of tribunal related to Armed Forces.) in India in as much as it may, in its discretion, grant special leave to appeal under Article 136 of the Constitution from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India.
• The Supreme Court has the power to withdraw or transfer any case from any High Court. The Supreme Court has the authority to review any verdict ordered.  The law of Supreme Court is put the binding on all courts across India. Even the Supreme Court has the authority to create any rule of a government with the approval from the President of India. Supreme Court is defined as the Court of record with the right to make the punishment for the contempt of court.
• Parliament is authorized to confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court.

Advisory jurisdiction: 

• The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution.
• There are provisions for reference or appeal to this Court under Article 317(1) of the Constitution, Section 257 of the Income Tax Act, 1961, Section 7(2) of the Monopolies and Restrictive Trade Practices Act, 1969, Section 130-A of the Customs Act, 1962, Section 35-H of the Central Excises and Salt Act, 1944 and Section 82C of the Gold (Control) Act, 1968.
• Appeals also lie to the Supreme Court under the Representation of the People Act, 1951, Monopolies and Restrictive Trade Practices Act, 1969, Advocates Act, 1961, Contempt of Courts Act, 1971, Customs Act, 1962, Central Excises and Salt Act, 1944, Enlargement of Criminal Appellate Jurisdiction Act, 1970, Trial of Offences Relating to Transactions in Securities Act, 1992, Terrorist and Disruptive Activities (Prevention) Act, 1987 and Consumer Protection Act, 1986. Election Petitions under Part III of the Presidential and Vice Presidential Elections Act, 1952 are also filed directly in the Supreme Court.

Powers Regarding the Contempt of Court:

• Under Articles 129 and 142 of the Constitution, the Supreme Court has been vested with the power to punish for contempt of Court including the power to punish for contempt of itself. In case of contempt other than the contempt referred to in Rule 2, Part-I of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, the Court may take action (a) Suo moto, or (b) on a petition made by Attorney General, or Solicitor General, or (c) on a petition made by any person, and in the case of a criminal contempt with the consent in writing of the Attorney General or the Solicitor General.

Note:

• Under Order XL of the Supreme Court Rules the Supreme Court may review its judgment or order but no application for review is to be entertained in a civil proceeding except on the grounds mentioned in Order XLVII, Rule 1 of the Code of Civil Procedure and in a criminal proceeding except on the ground of an error apparent on the face of the record.

The post Powers, Functions, and Jurisdiction of the Supreme Court appeared first on The Fact Factor.

• High Courts are second Courts of Importance of the democracy of India. They are at the second level in the hierarchy of the courts in India. In general, they are subordinate to the Supreme Court. They are run by Article 141 of the Constitution of India. They are governed by the bindings conferred by the Supreme Court of India so far judgments and orders are concerned. The Supreme Court of India is the highest level of courts and is responsible for fixing the guidance to the High Courts set by precedence.

• High courts are the types of courts which are instituted as the courts powered by the constitution with the effect of Article 214 Chapter V of the Indian Constitution. There are 24 high courts in India taking care of the regional juridical system of India out of which Kolkata High Court is the oldest. High Courts have jurisdiction over the States in which they are located. However, the following three High Courts have jurisdiction over more than one State: High Courts of Bombay (Mumbai), Guwahati, and Punjab and Haryana . For instance, the Bombay High Court is located at Mumbai, the capital city of the State of Maharashtra. However, its jurisdiction covers the States of Maharashtra and Goa and the Union Territories of Dadra and Nagar Haveli.

Court of Record:

• A court whose proceedings are recorded and available as evidence of the fact, then it is called the court of record. Thus a court of record is a court whose acts and proceedings are enrolled for perpetual memory and testimony. These records are used with high authority and their truth cannot be questioned.
• In Indian constitution article 215 make the High Courts the ‘court of record”. Article 215 says: High Court to be a court of record.-The High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.

Number of Judges:

• The President of India has the authority to fix the number of judges of the High Courts as per requirement. The basic factor for this purpose is being settled through the central executive which can decide about the number of judges which is being decided with a flexible attitude

Appointment of the Judges:

• As per article 217, the Chief Justice of the High courts is appointed by the President in consultation with the Chief justice of India as well as the Governor of the state.
• A collegium system has evolved over the years in which a Collegium headed by the CJI makes a recommendation to the government for appointment of judges. The Collegium recommends the names to the law ministry which after scrutinizing send the paper to the president.
• The president either approves the names or returns the names for reconsideration of the Supreme Court. If still, the Supreme Court sends the same names president appoints the persons recommended.

Qualifications:

• A person to be appointed as a judge of a High court should be a citizen of India. Further,
• He should have held a judicial office in the territory of India for ten years or
• should have been an advocate of the High court(s) for ten years.
• There is no minimum age fixed for High Court judges, and unlike in Supreme Court, there is no provision for appointment of a distinguished jurist as a judge of a high court.

Term and Salary:

• A Judge of High Court holds the office until he completes the age of 62 years. The salaries and allowances of the Chief Justice of the High Court and Judges of the High Court are decided by the parliament by law, from time to time.
• Current salary of Chief Justice is Rs 2.50 lakh, up from the current Rs 90,000
• Current salary of other judges is Rs 2.40 lakh, up from the current Rs 80,000
• The salaries and other expenses of the judges and maintenance of the state high courts are charged from consolidated fund of the state. Pension of retired judges comes from Consolidated Fund of India.

Selection and Transfer of Judges:

• At present, the selection and transfer of Judges of  High Court is done by President on consultation with the collegium system.
•  In case of selection and transfer of HC judges, the collegium consists of CJI, 2 senior-most judges of the SC and CJ of the concerned High Courts.
• The proposal of NJAC to replace the collegium system was struck down by SC and after that, the executive is working on a New Memorandum of Procedures to reform the collegium system

Criteria for Transfer:

• When a judge is appointed as Chief Justice he is generally transferred to another HC.
• In the case when a lawyer from the bar is appointed as Judge or when a judge is promoted to HC. These transfers are done to avoid instances of favoritism.
• In instances of any complaint of corruption or any other charges which does not lead to his impeachment, the judge is transferred to another High Court. These are called punishment transferring.

Removal of the Judge:

• A Judge of the High Courts can be removed from office only for proven misbehaviour or incapacity and only in the same manner in which a Judge of the Supreme Court is removed. The President of India can remove a Judge of the High Court, from his office only if each house of the parliament passes a resolution by a two-thirds majority of its members present and voting in each house requesting him to remove the Judge.

Post-retirement Jobs:

• The retired permanent judges of High courts are prohibited from pleading or acting in any court or before any authority in India except the Supreme Court and the other high courts.
• The government generally uses the retired higher judiciary judges as heads of various commissions. There has been a demand from certain sections of the society that there should be a “cool off” period of two years for the retired judges before they are installed in other offices.

Powers and Functions of High Court:

As a Court of Appeal:

• The aggrieved party due to the order or judgment by immediately below court can appeal against that court in the High Court.

As the Court of Record:

• The High Court is a Court of Record. Its decisions bind all courts in India. HC and Subordinate Courts use its decisions/judgments as laws and decide the cases before them.

Powers of issuing Directions, Order or Writs:

• The High Court can issue Writs in the nature of Habeas Corpus, Mandamus, Prohibition, and Quo-warranto Certiorari; for the enforcement of fundamental rights.

Powers of Superintendence:

• Every High Court has a general power of superintendence over all the lower courts (District and Session Courts) and tribunals within its jurisdiction except military courts and tribunals.
• The High Court controls all the subordinate courts in the State. It consults with the Governor in the matter of appointing, posting and promoting district judges.
• If a case is pending before a subordinate court and the High Court is satisfied that it involves a substantial question of the constitutional law, it can take up the case and decide it itself.

Judging the Validity of Laws:

• In the original Constitution, the High Courts were given powers of judging the validity of the Central and the State laws which was taken away by the 42nd Amendment of the Constitution but restored through the 43rd Constitutional (Amendment) Act, 1978.

Other powers:

• The High Court has the power to punish for contempt of itself.
• The High Court can frame the required rules to carry out its judicial functions.

Jurisdiction:

• These courts are mainly confined to the jurisdiction of the state, group of states or Union Territory. They are being empowered to govern the jurisdiction of lower courts like family, civil and criminal courts with other different courts of the districts.
• These courts are of the statute of principal civil courts so far originality of jurisdiction is concerned in the related domain of the states and the other district courts.
• High Courts are mainly exercising their jurisdiction related to the civil or criminal domain if the lower courts are proved incapable of exercising their power as per authorization extended by law.  These situations may be generated through the inability of financial or territorial jurisdiction.
• There are specific areas in which only High Courts can exercise the right for hearing like cases related to Company Law as it is designated especially in a state or federal law.
• But normally the high courts are involved in the appeals raised in the cases of lower courts with the writ petitions as conferred in Article 226 of the Constitution of India. The area of writ petitions is also the sole jurisdiction of high courts.

Classification of Jurisdiction:

Original Jurisdiction

• In several matters, the High court has the power to hear the dispute in the first instance, not by way of appeal. This is called original jurisdiction. Like the Supreme Court, the High court has original jurisdiction in matters of enforcement of fundamental rights, admiralty, will, marriage, divorce, company laws and contempt of court. It also has similar jurisdiction in matters related to the election of MPs and MLAs.

Appellate Jurisdiction: 

• The High Court hears the appeals against the subordinate courts in both civil and criminal matters.

Supervisory Jurisdiction:

• The High courts have the power of superintendence over all courts and tribunals within its territorial jurisdiction except military courts or tribunals. Under Article 227 of the Constitution of India, it has the power to transfer the cases from other subordinate courts in the state to itself.

Writ Jurisdiction:

• Except for High Courts of Kolkata, Chennai, and Mumbai, none has the power to issue the privileged writs.
• Article 226 empowers the High courts with writ jurisdiction for the enforcement of fundamental rights as well as any other matter within the territory of its jurisdiction. The difference between Supreme Court (article 32) and High Court (article 226) is that while Supreme Court can issue writs only for enforcement of fundamental rights, the High courts can issue writs for other matters also.

The post High Courts of India appeared first on The Fact Factor.