UNIT V

STRUCTURE OF JUDICIAL SYSTEM AND MAJOR

FUNCTIONARIES
Supreme Court of India - Judicial System in States – High Courts
and other Subordinate Courts – Judicial Review – Case studies.
Election Commission of India and its functions.
 Indian Judicial System
• The three-tiered system of Indian judiciary comprises of Supreme Court
(New Delhi) at its helm;
• High Courts standing at the head of state judicial system;
• Followed by district and sessions courts in the judicial districts, into
which the states are divided.
• The lower rung of the system then comprises of courts of civil (civil
judges) & criminal (judicial/metropolitan magistrates) jurisdiction.
Chief Justice of India
 The Supreme Court
• On the 28th of January, 1950, the Supreme Court came into
being.
• The judges of the Supreme Court at the time of
inauguration were Chief Justice Harilal J. Kania and Justices
Saiyid Fazl Ali, M. Patanjali Sastri, Mehr Chand Mahajan,
Bijan Kumar Mukherjea and S. R. Das.
• The first Attorney General for India was Mr. M.C. Setalvad.
 The Supreme Court
• The Supreme Court of India comprises the Chief Justice and
not more than 25 (30) other Judges appointed by the
President of India.
• The proceedings of the Supreme Court are conducted in
English only.
• The Registry of the Supreme Court is headed by the
Registrar General.
• The Attorney General for India is appointed by the President
of India under Article 76 of the Constitution.
• Three types of Advocates: SENIOR ADVOCATES, ADVOCATES-
ON-RECORD &OTHER ADVOCATES .
 Supreme Court
-The Guardian of the Constitution
Functions of Supreme Court
Powers of the Supreme Court
Powers of the Supreme Court
HIGH COURT OF INDIA
 INTRODUCTIO
N
• Though the constitution of India provides for single
Judicial system, yet provisions are made of separate
courts for each state.
• High court is the highest court in the state and Art-
214 to 231 of the constitution describe the
organisation and powers of high courts.
• Art-214 of the constitution provides that, ―There
shall be a High Court for each state”
• Art-231 further provides that ,“Parliament may by
law establish a common High court for two or more
states and a union territory.”
• At present for example there is a common High court
for the states of punjab, Haryana and Union
Territory of Chandigarh.
• Similarly. There is Common High court for Assam,
Nagaland, Manipur, Meghalaya, Tripura and
Mijoram.
 NUMBER OF JUDGES: The number of the judges of the high court has not
been fixed by the constitution, but it has been left to the discretion of the
President.
APPOINTMENT OF THE JUDGES: Appointed by President in consultation
with the Chief Justice of India and Governor of the concerned state and the
other juduges of high court in consultation with Chief Justice
of India, the Chief Justice of High court concernrd and Governor of the State
concerned.
* APPOINTMENT OF ADDITIONAL JUDGES: The President may take the
appoinments of the additional judges in the event of vaPcancies arising on
account of the long absence of the Juduges, death, due to illeness or long
leave.
* PROVISION TO CALL BACK RETIRED JUDGES: With the prior consent of
the president.
 QUALIFICATION OF THE JUDGES:
(1) He must be citizen of India.
(2) Must have held a judicial office for 10 years in the territory of India.
(3) Must have been an advocate for at least 10 years in one or more High court.
*TENURE OF THE JUDUGES:62 years.
*SALARY AND ALLOWANCES: Chief Justice-Rs. 90,000 and other judges-Rs. 80,000
with other facilities also.
*TRANSFER OF THE JUDUGES OF THE HIGH COURT: Art-222 of the constitution
empowers to transfer the judges of High Court anywhere within the territory of
India.
*REMOVAL FROM OFFICE: May be removed from the office by the President, after an
address is presented to him by the parliament passed in each House by a majority of
its total membership and 2/3 majority of its members present and voting.
*OATH OF OFFICE: Acc to Art-219, The Governor of the state concerned or any other
official appointment by him, administers the oath of the to the Chief Justice of High
Court
.
 POWERS AND FUNCTIONS OF HIGH COURT

The jurisdiction of the High court is divided into-

1. JUDICIAL: (a) Original (b) Appellate
(a) Original Jurisdiction:
(i) Cases related to Fundamental rights.
(ii) Constitutional jurisdiction.
(iii) Power of judicial review
(iv)The cases related to matters such as will, divorce,
contempt of court.
(v) Election disputes.
 (b) APPELLATE JURISDICTION: 1. The High Court
can hear appeals against the decisions of the
Districts Courts in the following cases:
(i) Civil cases
(ii)Appeals in revenue cases against the decision of
the revenue board.
(iii)In cases related to succession,insolvency, patent,
Design etc.
2. appeal in criminal cases-
(i) ession if the session judge has awarded
imprisionment for seven year or more.
(ii) where the session judge has awarded capital
punishment.
3. Constitutional Cases– if the high court certify that
perticular cases is fit for appeal before itself and
involves a substantial question of law.
11. Administrative powers
I. it supervises and superintends the working of all
the courts subordinate to it.
Ii. It makes rules and regulations for the court
subordinate to it and cun change such law.
Iii. It can transfer any case from one court to
another court
Iv. It can investigate or enquire in to the record or
anotherconnected documentsof any court
subordinate to it.
 INDEPENDENCE OF THE HIGH COURT
Impartial method of the appointment of the Judges.
Difficult method of Removal.
Long Tenure of the judges.
High qualification
High Salaries and allowances
No practice after retirement.
Oath of office
Special privileges to Judges
 POSITION OF HIGH COURT
The study powers and functions of the High Court
reveals that it occupies a place of great significance
in the state, same as is occupied by the supreme
court in the national field. It is the highest court of
law in the state, and all lower courts in state are
subordinate to it in authority. It makes the rules for
the lower courts and superintendents their work, it
plays the role as guardian of the constitution.
1. Right to tranfer the cases- it can transfer any cases
from a subordinate court to itself and take any of the
following action.—
i. can itself decide it.
Ii. Can send the case back to the subordinate court, in
question, after deciding the question of law involved in it.

2. court Of record- According to the article 251, every

state high court is the court of record ,and such its
decision are recorded and the court subordinate to it
accept these decision as judicial precedents.
 3. RIGHT TO CERTIFY CASES- It certify the cases
fit for appeal before the supreme court.
ROLE OF THE HIGH COURT
• Protection of the fundamental rights.
• Interpreter of the constitution.
• Power of judicial Review.
• Role in the Administrative Field.
• Public interest Litigation and High court.
• Disposal of Election Petitions.
 The High Courts
• The High Courts are generally the last court of regular
appeal.
• Besides, for invoking writ jurisdiction, the High Courts can
be approached for enforcement of other rights.
• It has the power to supervise the subordinate courts falling
within its territorial jurisdiction.
• The High Courts are Courts of Record.
• The High Courts also exercises original jurisdiction under the
Companies Act.
 The High Courts Cont…
• The High Court hears First Appeals from the decisions of the
District Courts.
• Section 100 of the Code of Civil Procedure provides for a
Second Appeal from Appellate decrees.
• Under Section 115 of the Code, the High Court is conferred
wish revisional jurisdiction.
• Under Article 227 of the Constitution also, the High Court in
the exercise of its powers of superintendence entertains
revision petitions to correct errors on the part of lower
Courts and Tribunals in Judicial & Quasi Judicial matters.
 The High Courts Cont…
• On the Criminal side, the High Court has to confirm all
sentences of death passed by Courts of Sessions and hear
References in this behalf.
• High Court hears Criminal Appeals from convictions
awarded by Sessions Judges and Additional Sessions Judges
or from the judgment of any other Court, where a sentence
for more than seven years imprisonment has been passed.
• The High Court is also empowered to entertain appeals from
orders of acquittal passed by any Court.
• High Court has also been conferred with Criminal Revisional
Jurisdiction.
 The Subordinate Courts
• This subordinate Courts are:
• (a) District Courts, empowered to hear appeals from courts
of original civil jurisdiction besides having original civil
jurisdiction
• (b) Sessions Court is courts of criminal jurisdiction, having
the similar scope of powers.
• The courts of specific original jurisdiction are courts of Civil
Judges, of Judicial Magistrates; Small Causes courts & Courts
of Metropolitan Magistrates.
 Quasi - Judicial System
• This appendage to the Indian judicial system is a recent &
sincere attempt on the part of the government to expedite
the judicial process through dilution of procedural
formalities & avoidance of litigation.
• Tribunals form an indispensable part of this system, which
are appointed by the government and comprise of judges &
experts on the particular field, for which the tribunal has
been constituted.
 Are you aware that...
• About two-thirds of our laws have not been used in
independent India.
• About 10 per cent of them can be scrapped right away.
• And most of the 10 per cent in use currently have so many
obsolete and conflicting provisions.
• The oldest law in the country has been in operation for over
a century and half. The one sentence 1836 Bengal District
Act empowers the Bengal government to create as many
zillas as it wants. The Act still exists.
 Are you aware that... Cont…
• Under the Indian Sarais Act, 1867, it is a punishable offence
for ‘inn-keepers’ not to offer free drinking water to passer-
by.
• Only about 40 per cent of our laws are in regular use.
Independent India has till now found no conceivable use for
the rest.
• While India badly needs efficient laws, the time spent by the
law-making body on the job is unbelievably little.
• Parliament spends less than 0.6 per cent of a Lok Sabha day
on law-making.
 ELECTION
• Meaning
• Election is a procedure where persons are chosen, by voting ,to
represent to voters for running the government.
OR
• It is an Organized Process in which people vote to choose the persons
who can represent them in Parliament or the State Legislative.
 TYPES OF ELECTIONS
1.General Elections
• To elect Lok Sabha Members
• After term of Five years
2. Mid-Term Elections
• In case if Lok Sabha or State Legislative Assembly gets dissolved
before the 5 years term
3. By- Elections
• When any member of Legislative assembly in Centre or State falls
vacant on account of death, resignation or disqualification before end of
the term.
CONDUCT OF ELECTION (ELECTION
PROCEDURE)
• Announcement of Elections
• Nominations
• Scrutiny of Nominations
• Publication of List & Election Campaign
• The Poll
• Counting of Votes & Declaring Results
Introduction to Election Commission of India
Composition
Composition
Composition
 ELECTION COMMISSION OF INDIA
(ARTICLE 324)
• Composition:
• It headed by Chief Election Commissioner (CEC) assisted by other
Election Commissioners.
• CEC acts as a Chairman of the Election Commission.
• At present it is a THREE MEMBERED body.
• Appointment:
• The Chief Election Commissioner (CEC) & other Election Commissioners
are appointed by the President.
• President may also appoint Regional Commissioners to assist the Election
Commission.
• Tenure of Office & Conditions of Service:
• The Chief Election Commissioner (CEC) & other Election Commissioners
hold the office for the term of 6 years.
• However, they need to vacate the office if they attain the age of 65 years.
• Their salary is equal to the salary of Supreme Court. After retirement they
get pension.
• All the decisions will be taken according to the opinion of MAJORITY in
case there is difference in opinion among CEC and other ECs.
• Independence of ECI:
• Removal: CEC and Other ECs can be removed in the manner as a
Judge of Supreme Court. Other ECs can be removed only on the
recommendation of CEC.
• No one can change the conditions of service of CEC.
• ECI has complete control over its staff on election duty.
 POWERS, FUNCTIONS, AND
RESPONSIBILITIES OF ELECTION
COMMISSION
• The Constitution has vested to this body superintendence, direction
and control of the entire process for conduct of elections.
• The Commission’s functions and powers with respect to elections to
the offices of the President, the Vice President, the state legislators and
the Parliament are divided under three headings:
• Administrative
• Advisory
• Quasi-judicial
• In details, these powers and functions are:
• Determining the Electoral Constituencies’ territorial areas throughout the
country on the basis of the Delimitation Commission Act of Parliament.
• Preparing and periodically revising electoral rolls and registering all eligible
voters.
• Notifying the schedules and dates of elections and scrutinising nomination
papers.
• Granting recognition to the various political parties and allocating them
election symbols.
• Acting as a court to settle disputes concerning the granting of recognition to
political parties and allocating election symbols to the parties.
• Appointing officers for inquiring into disputes concerning electoral
arrangements.
• Determining the code of conduct to be followed by the political parties and
candidates during elections.
• Preparing a program for publicising the policies of all the political parties on
various media like TV and radio during elections.
• Advising the President on matters concerning the disqualification of MPs.
• Advising the Governor on matters concerning the disqualification of MLAs.
• Cancelling polls in case of booth capturing, rigging, violence and other
irregularities.
• Requesting the Governor or the President for requisitioning the staff required for
conducting elections.
• Supervising the machinery of elections throughout the country for ensuring the
conduct of free and fair elections.
• Advising the President on whether elections can be held in a state that is under the
President’s rule, in order to extend the period of emergency after 1 year.
• Registering political parties and granting them the status of national or state
parties (depending on their poll performance).
Important Articles related to Election Commission of India

Article 324 Superintendence, direction and control of elections to

be vested in an Election Commission.

Article 325 No person to be ineligible for inclusion in, or to claim

to be included in a special, electoral roll on grounds of
religion, race, caste or sex.

Article 326 Elections to the House of the People and to the

Legislative Assemblies of States to be on the basis of
adult suffrage.

Article 327 Power of Parliament to make provision with respect

to elections to Legislatures.
Article 328 Power of Legislature of a State to make provision
with respect to elections to such Legislature.
Article 329 Bar to interference by courts in electoral matters.
Independence
Powers and Functions
Vision and Mission