Judiciary
Appointments
Titbits
- Parliament decide the number of judges of supreme court while president decide the numbers in high courts
- Both supreme court and high court judges are appointed as well as removed by president
- Salaries of high court judges is charged on CFS while pension is charged on CFI
- Appointment by collegium system (CJI plus 4 seniormost supreme court judges) after 3rd judges case
- District judges are appointed by governor in consultation with high courts
- Both SC and HC judges need 10 year practice in high court but SC judge need 5 year judgeship in high court while HC judge needs 10 years of judgeship
- A distinguished jurist can be appointed as judges of supreme court but not high court
- Removal by special majority of parliament on grounds of proved misbehavior or incapacity
- SC judges can’t practice w/i india post retirement: high court judges can in supreme court or other high courts <but there is no bar on further appointments such as chairperson or members of NHRC etc>
- Constitution provided for 1 high court for each state but 7th amendment allowed parliament to establish common high courts
Jurisdictions of courts
| Exclusive (original by default) | Original <concurrent with high courts> | Appellate | Advisory |
| Petition only in supreme court (directly by default) | Directly in supreme court | Appeals from high court | President refers(art 143) |
| Federal disputes, inter state matters, disputes regarding election of president, VP | Writ under art 32 | Appeals, SLP | Not necessary to tender opinion except on pre constitutional matters |
Types of Writs
| Writ | Habeas Corpus | Mandamus | Prohibition | Certiorari | Quo Warranto |
| Meaning | -To produce the body
-Against arbitrary detention |
-We command
-to perform Official duty |
-To forbid
– from exceeding jurisdiction |
– to be certified
-transfer a case or quash an order |
-by what authority
-legality of claim to public office |
| Issued against | public as well as private authority | Public official, court, tribunal | Judicial, quasi Judicial | Judicial, quasi Judicial and administrative authorities | Substantive public office created by constitution or statute |
| Can’t be issues against | Lawful detention | private | Private, administrative, legislative | Private, legislative | Ministerial, private |
| Who can file | Aggrieved person | Aggrieved person | Aggrieved person | Aggrieved person | Any person |
Writ jurisdiction of Supreme court v/s High Court
| Court | Supreme court | High Court |
| Article | 32 | 226 |
| Scope | Only for FRs | FRs plus legal rights |
