Judiciary - Constitutional Civil Criminal Courts And Processes - Class 11 Commerce Legal Studies - Extra Questions

Protection of the fundamental rights lies neither in the hand of the legislature nor the executive. This right has been assigned by the Constitution to the Supreme Court. Supreme Court has the power to declare any law null or void if it found to violate the fundamental rights. The Court also has the power to protect the rights from being abused by the executive.

Jurisdiction can be defined as the limit of judicial authority or the extent to which a court of law can exercise its authority over suits, cases, appeals etc.

The three types of jurisdiction of the Supreme Court are:

Two circumstances under which an appeal in a criminal case lies to the Supreme Court are:

The power of the higher court to review the decision or change the result of the decisions made by the lower courts is called appellate jurisdiction. The Supreme Court in India is the highest court of order in the country. It can hear appeals in cases like civil cases and criminal cases.

Under Public Interest Litigation(PIL) any citizen or group citizens can approach the Supreme Court or a High Court for the protection of public interest against a particular law or action of the government.

The Governor of the State administers the Oath of office to the High Court Judges.

Chief Justice of the High Court.

Court of the District Judge.

List I	List II
Gujarat	Ahmedabad
Haryana	Chandigarh
Karnataka	Bangalore
Andhra Pradesh	Hyderabad

The Appellate power or appellate jurisdiction of the court is the power to hear appeals against the decision of lower court or tribunal and to review, amend, modify or overrule the decision given by lower Court.

In India, the Apex Court is the Supreme Court of India. In states, the apex court is High Courts which are subordinate to Supreme Courts and there are various subordinate courts below the High Court in State Judiciary. They Function below and under the High Court. E.g., Civil and Criminal Court, District and Session Judge's Court and Chief Judicial Magistrate's Court.

The Constitution ensures the independence of the Supreme Court judges by providing them security of work tenure and by prohibiting the Parliament to curtail the jurisdiction and power of the Supreme Court under Article 138. Supreme Court judges are safe and cannot be removed from their office before their tenure, except by an order of the President following the set procedure laid down in the Constitution. Also, Article 138 of the Constitution states that the Parliament may enhance the jurisdiction of the Supreme Court in civil cases but cannot water down its existing power. This measure also keeps intact the independence of the Judges of the Supreme Court.

A person can be appointed as a judge of the Supreme Court only he/she is a citizen of India. In addition, he/ she is required to fulfil one of the following conditions:
a) he/she has been a Judge of as High Court or two or more than two such courts for at least five years; or
b) he/she has been an advocate of a High Court or of two or more than two such courts for at least ten years; or
c) he/she is an eminent jurist in the opinion of the President.

When a High Court entertains an appeal against the verdict of a lower court, it is called Appellate Jurisdiction. The High Court hears the appeals against the subordinate courts in both civil and criminal matters.

The Chief Justice of the High Court heads the apex judicial institution of the state, the High Court. He is appointed by the President in consultation with the Chief Justice and other senior judges of the Supreme Court. These group of judges constitute the Collegium of the Court. Since the ruling of the Constitutional Bench of Supreme Court (handed down in 1993 and reinforced in 1999), the power of selection of judges has passed on to the Collegium of the Court. Their decision is virtually binding on the President, who ultimately makes the formal appointment of the Chief Justice of High Court and other judges.

The High Court acts as the guardian of fundamental rights by declaring any law that infringes upon these rights null and void. The High Court is authorized to issue writs of habeas corpus, mandamus, and prohibition certiorari and quo warranto for the enforcement of the fundamental rights and ‘for other purposes’.

The Supreme Court also acts in the advisory role. It has jurisdiction to offer an opinion on any issue of law or matter of public importance as may be referred to it for consideration by the President.

The High Court is the highest judicial body in a State. Article 214 of the Constitution provides that there shall be a High Court for each State. The constitution does not attempt detailed definitions or classification of the different types of juris­diction of the High Courts. The High Courts of Mumbai and Guwahati have jurisdictions over more than two states. The Guwahati High Court extends its jurisdiction to states of Assam, Arunachal Pradesh, Nagaland, and Mizoram. The Mumbai High Court extends its jurisdiction to Maharashtra, Goa, Dadra and Nagar Haveli, Daman and Diu.

Every High Court has different types of subordinate courts functioning under it. Two such types of subordinate courts are:

• Civil courts: The court of the district judges is the topmost civil court within a district. It employs both judicial and administrative powers.

• Criminal Courts: In every district, there are civil courts and criminal courts. Under criminal courts, there are courts of the Additional Sessions Judges, District and Sessions Judge, Assistant Sessions Judge and the courts of the first class magistrates. The District and Sessions judge may issue any legal sentence but a death sentence is subject to approval by the High Court.

The Supreme Court has original, advisory and appellate jurisdiction. Its exclusive original jurisdiction extends to disputes between the governments at the center level and state level. The Supreme Court has original jurisdiction in the following types of cases:-
1. Dispute between the Government of India and one or more States; or
2. Dispute between the Government of India and any State or States on one side and one or more other States on the other; or
3. Dispute between two or more States. 

Article 137 of the Constitution empowers the Supreme Court to review its own order or judgment with the intention to remove any error that might have unwittingly crept into it. This implies that the orders and judgments of the Supreme Court are binding on the entire judiciary system except for the Supreme Court itself. The Supreme Court holds the power to revise it. This is the Revisory Jurisdiction of the Supreme Court.

The High Court has Revisory Jurisdiction, which means it can review the verdict of the subordinate court for cases where it finds that the latter has exceeded its limit of juridisction or not followed the appropriate procedure. In such cases, the High Court takes further action to rectify the systemic discrepancy.

Appointment and promotion of district judges in any state shall be made by the Governor of the state in consultation with the high court exercising jurisdiction in relation to such state.

The District Courts of India administer justice in India at a district level. They are presided over by a judge. They are under administrative and judicial control of the High Court of the State. Civil cases are handled by district judges. Criminal cases are handled by sessions judges.

(a)    Original Jurisdiction
The Original Jurisdiction of High Courts concerns the matters that can be brought straight to the High Court. Under the Code of Civil Procedure, a High Court can deal with all civil suits unless prevented by some act or law.
(b) Appellate Jurisdiction
When a High Court entertains an appeal against the verdict of a lower court, it is called Appellate Jurisdiction.
(c) Revisory Jurisdiction
The High Court has Revisory Jurisdiction, which means it can review the verdict of the subordinate court for cases where it finds that the latter has exceeded its limit of jurisdiction or not followed the appropriate procedure. In such cases, the High Court takes further action to rectify the systemic discrepancy.

It is a formal document containing an order of the court to the government issued only by High Court or the Supreme Court.

The Supreme Court is the Apex court of India. The judges of Supreme court are appointed by the President in consultation with such other judges of the supreme court and high court. The Supreme Court is primarily a court of appeal though it hears cases in the original jurisdiction. It is the last resort in case of appeals. It is the guarantor and guardian of Fundamental Rights and exercises the power of judicial review to check the actions of legislative and administrative authority. It has the power of giving an advisory opinion to the President in certain matters. It hears interstates disputes and disputes between center and states. It issues writs for the enforcement of fundamental rights and hears PIL (Public Interest Legislation).

Appellate jurisdiction of the High Court means that the High Court has the power to accept appeals against the decisions of District Courts, in civil as well as criminal matters.

Qualification of the Judges of the Supreme Court:

• He or she must be a citizen of India.
• He or she should have been, for at least ten years, an advocate of a High Court or of two or more such courts in succession.
• He or She should have worked as a Judge of a High Court continuously for at least five years.
• He or She should be a distinguished jurist in the opinion of the President.

The Supreme Court is known as the guardian of the Constitution as it can issue writs for the enforcement of Fundamental Rights.

•   According to the Advisory Jurisdiction of the Supreme Court, the President can seek advisory opinion of the Supreme Court when it appeals to him that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it. The President is neither bound to accept the opinion of the Supreme Court nor the Court is bound to give its advice. 
  
•   As per the Revisory Jurisdiction of the Supreme Court, the Supreme Court can revise its own judgment, order or direction. It also provides the Parliament to extend the jurisdiction of the Supreme Court.
  

The Article 131 of Indian Constitution provides for original jurisdiction that deals with disputes 

Solution: Section to which the given problem relates: Section 28.
Decision: This suit is maintainable.
Reason: The clause in policy is void because it curtailed the prescribed period of limitation (which is 3 years) according to Law of Limitation Act.

In Bilaspur, the High court Bench of chhattisgarh established.

(i) The Writ of Habeas Corpus is the safeguard for the personal freedom of a citizen. Habeas Corpus provides a remedy to a person held unlawfully in person or in police custody. This is an order to a person or officer who detains a person, without courts order, directing him to produce the detainee in the court and to explain why he has been detained. If the cause is insufficient, the detained person is released immediately.
(ii) The Writ of Prohibition is issued to prevent an inferior court from exercising powers, with which it is not legally vested, and to direct it to remain within the limits of its jurisdiction. It is preventive in nature.
(iii) The Writ of Quo - Warranto is issued against a person who has held an office illegally by usurpation. This writ asks the person to explain as by what authority he has been holding that particular office. If the office is held unlawfully, it can declare the office vacant.
(iv) Mandamus means We command. The Writ of Mandamus is issued to command an inferior court or person to do its duty. But this writ can be issued purely for the protection of Fundamental Rights.

The Supreme Court has advisory jurisdiction on any question of law or fact of public importance as maybe referred to it for consideration by the President. 

Jurisdiction' is the power that a court of law exercises to carry out judgements and enforce laws. The Supreme Court is the protector and the final interpreter of the Constitution. It has both original and appellate jurisdiction as well as advisory jurisdiction.
Original Jurisdiction means the power to hear and determine a dispute in the first instance; i.e., those cases which cannot be moved in any other court other than the Supreme Court. 
Appellate jurisdiction is the power of a higher court to review decisions and change outcomes of decisions of lower courts.
The Supreme Court has advisory jurisdiction (to give its opinion) on any question of law or fact of public importance as may be referred to it for consideration by the President. 

The two administrative functions of the Supreme Court are as follows:
i) The Supreme Court heads the judicial system in India. The Supreme Court has administrative control over all high courts, and the high courts, in turn, exercise control over the subordinate courts.
ii) The Supreme Court operates in the capacity of the custodian of the Constitution and acts to maintain its supremacy in the country.

Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. The Supreme Court also acts as the guardian of fundamental rights by declaring any law that infringes upon these rights null and void. If the Supreme Court observes that the fundamental rights as given in the Constitution are being violated, it is empowered by Article 32 of the Constitution to issue writs to enforce them. These writs are in the nature of Habeas Corpus, Mandamus, Quo-Warranto, Prohibition, and Certiorari.
Under Article 32 of the constitution of Supreme Court can issue Writs for the enforcement of fundamental rights.

The High Court control the power of the Legislature and the Executive in the following ways:
•    The High Court is authorized to issue writs of habeas corpus, mandamus, and prohibition certiorari and quo warranto for the enforcement of the fundamental rights and ‘for other purposes’.
•    The High Court has been empowered with the action of judicial review over all legislative and executive acts of Central and state governments. If found in violation of provisions of the Constitution these acts can be declared null and void by the High Court.

The High Court acts as the guardian of fundamental rights by declaring any law that infringes upon these rights null and void. The High Court is authorized to issue writs of habeas corpus, mandamus, and prohibition certiorari and quo warranto for the enforcement of the fundamental rights and ‘for other purposes’.

Original Jurisdiction - The Original Jurisdiction extends to those cases which Supreme Court has authority to hear and decide in the first instance. The Supreme Court in its original jurisdiction in following cases-

• A dispute between Government of India and/or more states.
• A dispute between two or more states.
• A dispute between Union and any state on one side and other states on the other.
• The Supreme Court entertains suits for enforcement of Fundamental Rights.
• Original Jurisdiction extends to such cases in which interpretation of the constitution is involved.

Every High Court has a Chief Justice and many other judges whose number is defined by the President of India. The Chief Justice of a High Court is appointed by the President with the consultation of the Chief Justice of the Supreme Court and the Governor of the State.

(a) The High Court as the Court of Record.
A High Court, like the Supreme Court, is also a ‘Court of Record.’ This means that it is compulsory for the lower courts in a State to follow the decisions of the High Court which are cited as precedents. The fact that a High Court has been given the position of ‘Court of Records’ also entails the following:
• The proceedings, judgment, and acts of High Court are recorded and lasting in nature. These records are preserved as evidence. When produced before any lower court, they cannot be questioned. They serve as legal references.
• The High Court is empowered to punish for contempt of court either with simple imprisonment or fine or both.
• The High Court is empowered to review its own decision or orders, though such power is not vested in it by the Constitution.