Indian Judicial system

Supreme Court is the Apex court in India. Supreme Court consists of a Chief Justice and not more than 25 judges. Every Judge in SC appointed by president . Every judge shall hold office till the age of 65. Article 124 of Constitution provides for the establishment of a Supreme Court in India.

Qualification of SC Judge.
Citizen of India. Judge of High Court or of 2 or more such Courts in succession at least for 5 years. 10 years as an Advocate of High Court or of 2 or more such Courts in succession . A distinguished jurist in the opinion of the President.

Acting Chief Justice. (Art.124)

Office of Chief Justice if vacant, or unable to perform his duty , one of the other judges of the SC , as the President may appoint shall Perform the duties of the office of the Chief Justice.

Original Jurisdiction

Original Jurisdiction

Appellate Jurisdiction

Advisory Jurisdiction

Special Jurisdiction

Original Jurisdiction
Decide all disputes 1)Between the union and one or more states. 2)Between 2 or more states. Can enforce fundamental rights guaranteed by Constitution. Issue direction or orders of Writs.

Appellate Jurisdiction
Hears appeals from any judgement passed by High court and which involves a question of law as to the interpretation of statues. Hears appeals from judgements of High Courts of civil and criminal cases. Has jurisdiction over all courts and Tribunals can grant special leave appeal against any judgement made by those courts or tribunals.

Advisory Jurisdiction
President of India can seek the opinion of SC on important question f Law and fact.

Special Jurisdiction
To decide cases relating to election of the President and Vice- President of India. To enquire in to misconduct of the Chairman and members of Union Public Service Commission.

High courts
Art 214 of constitution provides for its establishment. Head of judicial administration in a state. Consists of Chief Justice and a number of other judges. Appointed by President in consultation with the Chief Justice of India and the Governor of the state. Holds office until he attains 62 years of age.

Qualification of HC judge.
Citizen of India. At least 10 years held a judicial office in the territory of India. 10 years as an Advocate of High Court or of 2 or more such Courts in succession.

Jurisdiction of High Court

1) court of record. where records are admitted with evidentiary value and they are not to be questioned when they are produced before the court. 2)power to issue writs. (Art 226) 3)power of superintendence.

Subordinate Courts.
District and sessions Judge.

Civil jurisdiction Munsiff court

Criminal jurisdiction
Chief Judicial magistrate JM of first class JM of second class

Attorney General
Appointed by president. Holds office during the pleasure of President. Give advice to the President of India on Legal matters when consulted. Right of audience in any court in India. Proceedings of parliament without right to vote. Assisted by solicitor general.

Advocate General
Highest law officer in state. Appointed by state. Holds office during the Pleasure of state government. Additional Advocates General and Government Advocates attend on behalf of state.

Prerogative Writs- remedies either not available under ordinary law o if available are inadequate. 1)Habeas Corpus-Produce the body of person who is illegally detained. 2)Mandamus-order of court commanding a person or a public authority to do or refrain from doing something in the nature of a public duty. 3)Certiorari-issued by SC or HC to quash an order made without jurisdiction or in violation of natural justice.

4)Prohibition-issued to prevent an inferior court or tribunal from exceeding its jurisdiction or in violation of natural justice. 5)Quo Warranto-What is your authority .prevents a person from holding an office which he is not legally entitled to hold.

Family Courts
Nullity of marriage. Judicial separation. Validity of marriage. Properties of parties. Maintenance. Guardianship of minor. Appeal lies to HC & SC. Established under Family Courts Act 1984.