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Polity

Indian Judiciary


Introduction to Indian Judiciary

The Indian judiciary is the system of courts that interprets and applies laws in India. It is independent and separate from the legislative and executive branches of government. The judiciary ensures justice, protects fundamental rights, and upholds the Constitution.


Structure of the Indian Judiciary

India follows a three-tier judicial system, which consists of:

  1. Supreme Court of India – The highest court.
  2. High Courts – One in each state or group of states.
  3. Subordinate Courts – Includes district and lower courts.

This system ensures that justice is available at all levels.


1. Supreme Court of India

  • Established on 28 January 1950.
  • Located in New Delhi.
  • The Chief Justice of India (CJI) heads the court.
  • Maximum 34 judges (including CJI).
  • Judges are appointed by the President of India.
  • Retirement age: 65 years.
  • Functions include:
    • Original Jurisdiction – Directly hears cases like disputes between states and the center.
    • Appellate Jurisdiction – Hears appeals from lower courts.
    • Advisory Jurisdiction – The President can seek advice under Article 143.
  • Article 124 – Establishment and appointment of Supreme Court judges.
  • Article 32 – Right to constitutional remedies (Power of Writs).
  • Article 141 – Supreme Court decisions are binding on all courts.

2. High Courts in India

  • There are 25 High Courts in India.
  • The oldest High Court is Calcutta High Court (1862).
  • The newest High Court is Andhra Pradesh High Court (2019).
  • High Courts function under Article 214 to 231 of the Constitution.
  • Judges’ retirement age: 62 years.
  • Deals with appeals from lower courts and constitutional matters at the state level.

Important High Court Facts

  • Bombay, Calcutta, and Madras High Courts were established in 1862.
  • Some High Courts serve multiple states (e.g., Punjab & Haryana High Court).
  • Some states have no High Court of their own (e.g., Goa is under Bombay High Court).

3. Subordinate Courts (Lower Judiciary)

  • These are at the district and lower levels.
  • Include District Courts, Sessions Courts, Civil Courts, and Magistrate Courts.
  • Gram Nyayalayas (village courts) ensure rural justice.
  • Fast Track Courts handle specific urgent cases.

Powers of District and Sessions Courts

  • Civil Cases – Handled by District Judges.
  • Criminal Cases – Handled by Sessions Judges.
  • Revenue Cases – Handled by Revenue Courts.

Key Features of the Indian Judiciary

Independence of Judiciary – Judges are free from political interference.
Judicial Review – The power to check unconstitutional laws.
Public Interest Litigation (PIL) – Citizens can approach the court for public matters.
Doctrine of Basic Structure – The Constitution’s basic structure cannot be changed.
Collegium System – Judges appoint other judges.

Important Constitutional Articles on Judiciary

ArticleDescription
Article 124Establishment of Supreme Court
Article 214Establishment of High Courts
Article 32Right to Constitutional Remedies
Article 141Supreme Court’s decisions are binding
Article 226High Court’s power to issue writs

MCQs on Indian Judiciary

1. What is the retirement age of a Supreme Court judge?

a) 60 years
b) 62 years
c) 65 years
d) 70 years
Answer: c) 65 years


2. Who appoints the Chief Justice of India?

a) Prime Minister
b) President of India
c) Law Minister
d) Parliament
Answer: b) President of India


3. How many High Courts are there in India?

a) 21
b) 24
c) 25
d) 29
Answer: c) 25


4. Which is the oldest High Court in India?

a) Madras High Court
b) Bombay High Court
c) Calcutta High Court
d) Allahabad High Court
Answer: c) Calcutta High Court


5. What is the maximum number of judges in the Supreme Court, including the Chief Justice?

a) 31
b) 33
c) 34
d) 35
Answer: c) 34


6. Which Article of the Indian Constitution provides for Judicial Review?

a) Article 13
b) Article 32
c) Article 226
d) Article 141
Answer: a) Article 13


7. What is the name of the power that allows the Supreme Court to hear cases directly?

a) Advisory Jurisdiction
b) Original Jurisdiction
c) Appellate Jurisdiction
d) Special Leave Petition
Answer: b) Original Jurisdiction


8. Which court deals with disputes at the village level?

a) Sessions Court
b) District Court
c) Gram Nyayalaya
d) High Court
Answer: c) Gram Nyayalaya


9. Under which Article can the President seek advice from the Supreme Court?

a) Article 32
b) Article 131
c) Article 143
d) Article 226
Answer: c) Article 143


10. What is the process of appointing judges to the Supreme Court and High Courts called?

a) Judicial Commission
b) Executive Order
c) Collegium System
d) Parliamentary Approval
Answer: c) Collegium System


Conclusion

The Indian Judiciary is a powerful institution that ensures justice, interprets the law, and safeguards citizens’ rights. For competitive exams, understanding its structure, functions, and key legal provisions is crucial.

Stay updated with judicial news, landmark judgments, and constitutional amendments to enhance your knowledge for UPSC, SSC, Judiciary Exams, and State PSCs.

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