School of Law Abhishek Sharma P 2023 24 Indian Judiciary

Summary

In this informative lecture on the Indian Judiciary, Dr. Abhishek Sharma discusses the vital role of the judiciary in interpreting laws and safeguarding the Constitution. He explains the structure of the judicial system, emphasizing the Supreme Court as the highest authority and protector of fundamental rights. The lecture details the appointment and removal processes for judges, along with the Supreme Court's various jurisdictions and powers, including the ability to issue writs and review judgments. Additionally, the significance of High Courts and their functions within the judicial framework is highlighted, reinforcing the judiciary's essential role in upholding the rule of law.

Takeaways

• 😀 The Indian Judiciary interprets and applies laws, adjudicates disputes, and protects the Constitution's supremacy.
• 🏛️ The Supreme Court is the highest court in India, serving as the guardian of the Constitution and the ultimate court of appeal.
• 👨‍⚖️ The Supreme Court is composed of a Chief Justice and up to 34 judges, with the President of India appointing them after consulting with the Chief Justice.
• ⚖️ Judges of the Supreme Court can only be removed through a formal impeachment process for proven misbehavior or incapacity.
• 📜 The Supreme Court has original, appellate, and advisory jurisdictions to settle disputes and provide legal opinions.
• 🛡️ Under Article 32, citizens can approach the Supreme Court to enforce their fundamental rights.
• 🏛️ High Courts exist in every state and operate under the Supreme Court, with judges appointed by the President.
• 🔍 High Courts have original, appellate, and administrative powers, including supervision of subordinate courts.
• 📚 Subordinate courts function under the oversight of High Courts, with District Judges presiding over civil cases and Sessions Judges over criminal cases.
• 🌐 The Indian Judiciary ensures the independence of the legal system and protects citizens' rights through a well-defined constitutional framework.

Q & A

What is the primary role of the Indian Judiciary?

The primary role of the Indian Judiciary is to interpret and apply the law, adjudicate disputes between citizens and between citizens and the state, and safeguard the supremacy of the Constitution.

How is the Indian Judiciary structured?

India has a single and unified judicial system comprising the Supreme Court at the top, followed by High Courts at the state level, and a system of subordinate courts under each High Court.

What is the significance of the Supreme Court in the Indian judicial system?

The Supreme Court is the highest court of appeal in India, serving as the guardian of the Constitution and fundamental rights. It ensures uniformity of law across the country.

Who appoints the judges of the Supreme Court?

Judges of the Supreme Court are appointed by the President of India after consulting with the Chief Justice of India and other judges as deemed necessary.

What are the grounds for the removal of a Supreme Court judge?

A Supreme Court judge can be removed on the grounds of proved misbehavior or incapacity, following a resolution passed by Parliament supported by a two-thirds majority.

What types of jurisdiction does the Supreme Court have?

The Supreme Court has original, appellate, and advisory jurisdiction, allowing it to settle disputes, hear appeals from lower courts, and provide advisory opinions to the President.

What is the role of Article 32 in the enforcement of fundamental rights?

Article 32 grants the Supreme Court the original jurisdiction to enforce fundamental rights, allowing citizens to approach the Court for remedies against violations.

What powers does the Supreme Court have under Article 142?

Under Article 142, the Supreme Court has the inherent power to pass orders necessary for complete justice in matters before it, enforceable throughout India.

How are High Court judges appointed in India?

High Court judges are appointed by the President of India, after consulting the Chief Justice of India and the Governor of the respective state.

What is the function of subordinate courts in the Indian judicial system?

Subordinate courts function under the supervision of High Courts and handle civil and criminal cases at the district level, including roles such as District Judge and Sessions Judge.