Points to Remember The judiciary is considered to be most important organ of the government in democracy. The latest development had been observed in 2008 through initiation of Gram Nyaylayas Act which had sponsored the concept of installation of 5000 mobile courts throughout the country. In this context it may be pointed out that the constitution does not provide for impeachment of a Judge. Independence of the Court After retirement a judge of the Supreme Court shall not plead or act in any Court or before any authority within the territory of India. But who should become a judge was a matter of opinion and could not be questioned. India has a sophisticated legal system, with a written Constitution. Supreme Court has the power to exercise extra ordinary jurisdiction to hear any appeal related to any matter for which any court or tribunal had decided with judgment through the option of special leave petition except the case of tribunal related to armed Ffrces.
India has a rich tradition of providing justice to the affected and the courts in various levels are there to serve the purpose of extending highest level of efficient juridical system all over the country. In other criminal cases, where a sentence of death is not involved, an appeal can be made to the Supreme Court only on the basis of the High Court certifying that the case is a fit one for appeal to the Supreme Court. This system provides livelihood to huge number of professionals attached with the system of judiciary in different forms and thus serve the nation with the service. This act is followed by the development post 1935 in different provinces, which are re-termed as different states after the independence of 1947. Respective High Court has the sole discretionary power related to the administrative matters like posting, promotion or leave which can be conferred by the conditions of service as per the law applicable for subordinate courts.
Khare in Union of India vs. The Supreme Court of Switzerland possesses this power against the legislation passed by the Cantonal legislatures. Advisory Role: The Supreme Court has an advisory jurisdiction in offering its opinion an any question of law or fact of public importance as may be referred to it for consideration by the President. Thus the Supreme Court is a Federal Court. While framing the judicial provisions, the Constituent Assembly gave a great deal of attention to such issues as the independence of the courts the powers of the Supreme Court and the issue of judicial review. The provinces have their own courts system, with the High Court as the apex court, except insofar as where an appeal can go to the Supreme Court as mentioned above. Article 50 had made provision separating the judiciary from the administrative executive deployed in the public services of the state.
The powers and functions of the Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate are analogous to those of Chief Judicial Magistrate and Additional Chief Judicial Magistrates of the Districts. It protects individual liberty by punishing those who encroach upon it. Our society often ridicules and abuses the Transgender community and in public places like railway stations, bus stands, schools, workplaces, malls, theatres, hospitals, they are sidelined and treated as untouchables, forgetting the fact that the moral failure lies in the society's unwillingness to contain or embrace different gender identities and expressions, a mindset which we have to change. A Judge can be removed by the President upon an address to the effect being passed in each House of Parliament by a special majority. Composition : Parliament has the power to make laws regulating the constitution, organisation of the jurisdiction and powers of the Supreme Court.
In Texas, the state's hears criminal appeals and has sole authority to grant the writ of habeas corpus to a person who has been convicted of a felony, but the also hears appeals in juvenile delinquency matters in additional to civil cases as conventionally defined. It is often questioned if the three layer judicial system is at all necessary or not for the purpose of running the judicial system of the country. Supreme court is also conducting piecemeal trail of the petitions filed by the states regarding water sharing of rivers and bifurcation of the common high court without considering the earlier pending petitions challenging the validity of the Andhra Pradesh Reorganisation Act, 2014 which is the basic cause of all these disputes. Under advisory jurisdiction, the President of India may refer any question of law or public importance to Supreme Court for its advice. A unanimous bench of 9 judges reaffirmed the basic structure doctrine. Under Article 139-A the Supreme Court may transfer to itself cases from one and more High Courts it these involve question of law or of great significance. In India the Supreme Court enjoys the power of judicial review.
The Constitution vests the Supreme Court with original and exclusive jurisdiction in any dispute; a between the Union Government and one or more States; or b between the Union Government and any State or States on one side and one or more States on the other; or c between two or more Stats, if the dispute involves any question of law or fact on which the existence or extent of a legal right depends. Power of Judicial Review and Supreme Court: The power of the Judiciary to examine the validity of such law is called Judicial Review. The panel of judges is comprised of Chief Justice and twenty other Judges. No law, However,when it is made, can possibly forsee all the cases that may arise under it, and frequently judges have to decide cases in which no direct law cases are decided on various principles, such as equity or commonsense, and thus what is known as precedents are formed. When an officer of the Court bangs his gavel, the people in the courtroom stand. Convention dictates the appointment of the senior most judges of the Supreme Court as Chief Justice.
It can tell a President that his actions are not allowed by the Constitution. Thus, it is the highest court of justice in India and the citizens of India look to it for justice. Interpretation of Law: The primary function of the judiciary I is to interpret law and apply them to specific cases that come before it. Two states, and , each have two separate highest courts that hear criminal and civil appellate matters. Archived from on 14 February 2015. A few years after the emergency, however, the supreme court rejected the absoluteness of the 42nd amendment and reaffirmed its power of judicial review in 1980. The judicial system will also feature the different aspects of the judicial system with the period taken for getting the disputes dissolved with the present infrastructure of Indian judiciary system.
Left side of the supreme court building The foundation stone of the supreme court's building was laid on 29 October 1954 by Dr. The Indian Supreme Court also declares laws ultra vires on the basis of 'process as established by law'. When the judicial committee report finds the judge guilty of misbehaviour or incapacity, further removal proceedings would be taken up by the parliament if the judge is not resigning himself. It interprets the constitution and preserves it. But all exercise power within certain boundaries. Most scholars include in the original jurisdiction the power of the Supreme Court to decide disputes regarding Fundamental Rights. The first proceedings and inauguration, however took place on 28 January 1950, at 9.