Judiciary (High Court and Supreme Court, its Composition and Jurisdiction)

The Judiciary in India is a vital pillar of the democratic system, structured to ensure the rule of law and the administration of justice. At the apex of this system are the Supreme Court and the High Courts, serving as the highest judicial authorities at the national and state levels, respectively. Their roles, composition, and jurisdiction are defined and protected by the Constitution of India, ensuring their ability to act independently from the executive and legislative branches of government.

Supreme Court of India

• Composition:

The Supreme Court of India, located in New Delhi, is composed of the Chief Justice of India and up to 33 other judges, as stipulated by the Parliament. The judges are appointed by the President of India on the recommendation of the Collegium, a system which includes the Chief Justice of India and the four senior-most judges of the Court. A Supreme Court judge retires upon reaching the age of 65.

Jurisdiction and Powers:

The Supreme Court has several jurisdictions:

1. Original Jurisdiction:

The Court has exclusive jurisdiction over cases involving the Government of India and one or more states, or between two or more states. This jurisdiction is vital in resolving disputes that affect the federal structure of the country.

2. Appellate Jurisdiction:

The Court hears appeals against the judgments of lower courts. It can hear appeals in civil, criminal, and constitutional cases.

3. Advisory Jurisdiction:

The President of India can seek the Court’s advice on any question of law or fact of public importance. However, the Court’s advice is not binding on the President.

4. Writ Jurisdiction:

Under Article 32 of the Constitution, the Supreme Court can issue writs for enforcement of Fundamental Rights. This power is considered a cornerstone of the Court’s role in protecting citizens’ rights.

High Courts of India

• Composition:

Each state or group of states has a High Court. As of now, there are 25 High Courts in the country. The composition of each High Court varies with its workload and the size of its jurisdiction. Judges of the High Courts are appointed by the President after consultation with the Chief Justice of India, the Governor of the concerned state, and the Chief Justice of that High Court. High Court judges retire at the age of 62.

Jurisdiction and Powers:

High Courts have extensive jurisdictions, similar to those of the Supreme Court but confined to their respective states or territories:

1. Original Jurisdiction:

For civil and criminal cases where the High Courts are the first level of adjudication, especially in matters involving the enforcement of fundamental rights and over wills, divorces, company laws, etc.

2. Appellate Jurisdiction:

High Courts hear appeals from lower courts and tribunals within their jurisdiction. This includes both civil and criminal matters.

3. Supervisory Jurisdiction:

High Courts have the power to supervise and review decisions and proceedings of the lower courts situated within their territorial jurisdiction.

4. Writ Jurisdiction:

Like the Supreme Court, High Courts can issue writs, but under Article 226, which is broader than Article 32 used by the Supreme Court. High Courts can issue writs for the enforcement of fundamental rights and for any other purpose.