Hello, dedicated learners!
In our last post, we stood before the majestic Supreme Court of India, the final word in our judicial system. We understood its immense power as the guardian of our Constitution. But India's judicial system is a vast, integrated pyramid. What lies beneath the apex?
Today, we'll explore the judicial machinery at the state level. We'll dive into the powers of the High Courts and get a glimpse of the Subordinate Courts where justice begins for the common citizen. This is a crucial topic to complete your understanding of the Indian Judiciary for the SSC CGL exam.
The High Courts: Apex Justice in the States
Every state in India has a High Court, which is the highest judicial authority in that state.
Key Facts for Your SSC Notebook: 📝
Part of Constitution: Part VI
Articles Covered: Articles 214 to 231
Common High Court: The Parliament has the power to establish a common High Court for two or more states or for two or more states and a union territory (Article 231). For example, the Bombay High Court has jurisdiction over Maharashtra, Goa, Dadra and Nagar Haveli, and Daman and Diu.
Appointment of Judges:
The judges of a High Court are appointed by the President of India. The appointment is made after consulting the Chief Justice of India, the Governor of the concerned state, and in the case of appointing a judge other than the Chief Justice, the Chief Justice of that High Court.
Tenure and Retirement (⭐ Exam Hotspot):
A High Court judge holds office until they attain the age of 62 years.
Crucial Difference: Remember, for the Supreme Court, the retirement age is 65 years. This difference is a favourite question for examiners!
Removal: The removal process for a High Court judge is the same as that for a Supreme Court judge (through a motion passed by a special majority in both Houses of Parliament).
Powers and Jurisdiction of High Courts
High Courts have extensive powers, some of which are even wider than the Supreme Court's.
Original Jurisdiction: They can hear certain cases directly, such as matters relating to marriage, divorce, and company law.
Appellate Jurisdiction: They are the primary courts of appeal within a state. They hear appeals from the decisions of the subordinate courts in both civil and criminal matters.
Writ Jurisdiction (Article 226 - 🔥 Very Important):
Like the Supreme Court (under Article 32), High Courts can issue writs (Habeas Corpus, Mandamus, etc.).
The Key Difference: The writ jurisdiction of a High Court is wider than that of the Supreme Court. The Supreme Court can issue writs only for the enforcement of Fundamental Rights. A High Court can issue writs for the enforcement of Fundamental Rights AND for any other legal purpose.
A Glimpse into the Subordinate Courts
Below the High Court, there is a hierarchy of courts collectively known as subordinate courts. This is where most people interact with the justice system.
District Judge: The District Judge is the highest judicial authority in a district. They possess both judicial and administrative powers.
Civil vs. Criminal: When a District Judge deals with civil cases, they are known as the District Judge. When they preside over criminal cases, they are known as the Sessions Judge.
With this, we have covered the entire integrated judicial structure, from the District Courts at the bottom, through the High Courts in the middle, all the way to the Supreme Court at the top. This system ensures that the rule of law prevails throughout our nation.
We've now comprehensively covered the three pillars: the Executive, the Legislature, and the Judiciary. But who are the independent umpires that ensure these pillars function correctly? In our next post, we will begin exploring the crucial Constitutional Bodies of India, such as the Election Commission, UPSC, and the CAG.
You are building a fantastic foundation of knowledge. Keep going!
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