Indian Judiciary : Supreme Court , High Court

Indian Judiciary

The Constitution of India is the supreme legal document of the country. There are various levels of judiciary in India – different types of courts, each with varying powers depending on the tier and jurisdiction bestowed upon them. They form a strict hierarchy of importance, in line with the order of the courts in which they sit, with the Supreme Court of India at the top, followed by High Courts of respective states with district judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom.

Courts hear criminal and civil cases, including disputes between individuals and the government. The Indian judiciary is independent of the executive and legislative branches of government according to the Constitution.

Supreme Court

In Indian Judicial system Supreme Court is placed at the top.
On 26 January 1950, the day India's constitution came into force; the Supreme Court of India was formed in Delhi.
The Supreme Court consists of a Chief Justice and 30 other judges.
The Chief Justice is appointed by the President and the other judges are appointed by the President with the consultation of Chief Justice.

Qualification

The qualifications for appointment as a judge of the Supreme Court are following:

He must be a citizen of India.

Have been a judge of High Court for 5 years or have been an advocate of a High Court for minimum 10 years or in President’s view must be a distinguished jurist of the country.

No minimum age for appointment as the Judge of the Supreme Court.
The age for retirement is 65 years.
They can resign by submitting a written resignation addressed to the President.
Oath of the Chief Justice is administered by the President.
Salaries of judges are given from the Consolidated Fund.
They cannot practice after retirement.
The Supreme Court settles all the disputes between Centre and Sate and State and State.
According to the article 137 the Supreme Court has right to review any judgment or order made by it. If any mistake or error is found, SC can rectify it.
The Supreme Court also resolves disputes regarding the election of the President and the Vice-President.
According to article 143 the Supreme Court is bound to give advice to the President whenever he seeks.
According to article 32 Supreme Court can issue writs for the enforcement of Fundamental Rights.
First Chief Justice of India was Hiralal J. Kania.
The present Chief Justice of India is Rajendra Mal Lodha (27.04.2014).

High Court

The High Court is the highest judicial organ a State.
Every state has a High Court. However 2 or more than 2 states can have a common High Court (Few high courts have their jurisdiction over neighbor state also wherever there is no high court).
The no. of Judges of High Courts is not fixed.
Judges of High Courts are appointed by the President with the consultation of the Chief Justice of India, the Governor of the State and the Chief Justice of that High Court.

Qualification

The qualifications for the appointment as the judges of the High Courts are following:

He must be a citizen of India.

Should have been advocate of a High Court or any other lower court for minimum 10 years.

No minimum age for appointment as the judge of the High court.
Maximum age for retirement is 62 years.
Salaries of judges are given from the Consolidated Fund.
With the consultation of the Chief Justice of India, the President can transfer judges to any other High Court.
Judges of the High Courts are not permitted to practice after retirement in the same court except Supreme Court or other High Courts.
The oath of the judges of the High Courts is administrated by the governor of the state where the High Court is situated.
Judges of the high courts can submit their resignation to the President.
At present India has 24 High Courts.