Government: Judiciary Flashcards
Describe the Judiciary [2]
- It interprets and explains the laws made by the legislature and punishes those who violate the law and protects the rights of the citizens
- Consists of the Supreme Court, High Court and Subordinate Courts
Describe the Supreme Court [2]
- Highest Court in the Indian Judiciary
- Located in Delhi
- It’s judgements are binding
Composition and Structure of Supreme Court [2]
- Consists of the Chief Justice + 30 other judges
- The Chief Justice is appointed by the president with advice from the CoM
- Judges are appointed by the president with advice from the CoM and the Chief Justice
Qualifications for Supreme Court [4]
- Must be an Indian Citizen
- Must have been a judge of a high court for at least 5 years
- Should have served as an advocate in a High Court for at least 10 years
- Should be a distinguished judge in the opinion of the president
Supreme Court: Terms of Office [3]
- The chief justice and judges can serve until they are 65 years of age
- Their services cannot be terminated by the president
- A supreme court judge can be removed only on the ground of misuse of power, incapacity and misbehavior (even then 2/3 of the votes in the 2 houses in the parliament have to agree to their impeachment)
Powers and Functions of Supreme Court [4]
- Jurisdiction: official power to make legal decisions
- Judicial Review: power exerted by the courts of a country to examine the actions of the legislatures, executive and administrative arms of the government and to ensure that such actions conform to the provisions of the nation’s constitution
- Court of Record: a court whose proceedings are recorded and available as evidence of fact
- Issuing of writs: a written formal order issued by a court to act or abstain from acting in a particular way
Types of Jurisdiction [4]
- Original Jurisdiction: right of the Supreme Court to hear a case for the first time. Has the exclusive right to hear all cases that deal with disputes between states, or between states and the union government. Has this jurisdiction over cases brought to court by normal people regarding issues of importance to society at large.
- Appellate Jurisdiction: refers to the right of the Supreme Court to hear cases already disposed of by the High Court, when an appeal is made to it. They can appeal when sentenced to death.
- Advisory Jurisdiction: the power to advise the President of India or to interpret laws for them. A bill passed by the parliament or a state legislature may be referred to the Supreme court by the President before signing.
- Revisory Jurisdiction: enables the Supreme Court to survey its own review or judgement with the expectation to eliminate any blunders that may happen in the future (they can’t change the decision, only review it for the future)
What is Judicial Review? [2]
- The power exerted by the courts of a country to examine the actions of the legislatures, executive and administrative arms of the government and to ensure that such actions conform to the provisions of the nations constitution
- It legitimizes government action
- It protects the the constitution against any undue encroachment by the government
- Considered the basic structure of the constitution
What is a Court of Record? [2]
- The Supreme Court functions as a court of record
- A court of record if one: (1) whose acts and judicial proceedings are recorder so that there is permanent record of the court’s rulings, (2) whose rulings or judgements act as a precedent that the other courts have to follow, (3) which has the power to fine and imprison people for contempt of the Court
Types of writs [6]
A writ is a written formal order issued by a court to act or abstain from acting in a particular way
1. Habeas Corpus: issued when a person is detained illegally or wrongfully (protects their freedom)
2. Quo Warranto: issued by the Court to a public officer requiring him to explain the authority behind his actions
3. Mandamus: filed when the legal right of a person is violated. It can only be issued against a public authority or a person holding a public office. It is issued when the officer has failed to perform their duty
4. Prohibition: prevents a subordinate court from exceeding or usurping its jurisdiction or from acting against any law
5. Certiorari: when a subordinate court decides a matter which is beyond its jurisdiction (transfer of a case to the high court)
Describe the High Court [2]
- Stands as the head of judiciary at state level
- Headed by Chief Justice and has as many other judges as the president considers necessary
- Appointed in consultation with the Chief Justice of Supreme Court
Qualifications for High Court [1]
- Must have held a judicial office or been an advocate of a High court for 10 years
Terms of Office for High Court [2]
- A judge may hold an office until 62 years of age, although they can resign or be removed by the president
- A high court judge can also be transferred to another court in India or may be appointed as a judge of the Supreme Court
Functions of the High Court [4]
- Can issue writs, orders or directives to protect the fundamental rights of the citizens
- Has power over all the subordinate courts
- They can ask for the records of proceedings of the minor courts and prescribe the way in which books, entries and accounts should be kept
- They have the power to transfer cases to itself to ensure uniformity in interpreting the constitution
