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India Judicary
The Supreme Court has original, appellate
and advisory jurisdiction. Its exclusive original jurisdiction extends
to any dispute between the Government of India and one or more States
or between the Government of India the case of the accused. In civil matters
also the Court can appoint an Advocate as amicus curiae if it thinks it
necessary in case of an unrepresented party; the Court can also appoint
amicus and any State or States on one side and one or more States on the
other or between two or more States, if and insofar as the dispute involves
any question (whether of law or of fact) on which the existence or extent
of a legal right depends. In addition, Article 32 of the Constitution
gives an extensive original jurisdiction to the Supreme Court in regard
to enforcement of Fundamental Rights. It is empowered to issue directions,
orders or writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari to enforce them. The Supreme
Court has been conferred with power to direct transfer of any civil or
criminal case from one State High Court to another State High Court or
from a Court subordinate to another State High Court. The Supreme Court,
if satisfied that cases involving the same or substantially the same questions
of law are pending before it and one or more High Courts or before two
or more High Courts and that such questions are substantial questions
of general importance, may withdraw a case or cases pending before the
High Court or High Courts and dispose of all such cases itself. Under
the Arbitration and Conciliation Act, 1996, International Commercial Arbitration
can also be initiated in the Supreme Court.
The appellate jurisdiction of the Supreme Court can be invoked by a certificate
granted by the High Court concerned under Article 132(1), 133(1) or 134
of the Constitution in respect of any judgement, decree or final order
of a High Court in both civil and criminal cases, involving substantial
questions of law as to the interpretation of the Constitution. Appeals
also lie to the Supreme Court in civil matters if the High Court concerned
certifies : (a) that the case involves a substantial question of law of
general importance, and (b) that, in the opinion of the High Court, the
said question needs to be decided by the Supreme Court. In criminal cases,
an appeal lies to the Supreme Court if the High Court (a) has on appeal
reversed an order of acquittal of an accused person and sentenced him
to death or to imprisonment for life or for a period of not less than
10 years, or (b) has withdrawn for trial before itself any case from any
Court subordinate to its authority and has in such trial convicted the
accused and sentenced him to death or to imprisonment for life or for
a period of not less than 10 years, or (c) certified that the case is
a fit one for appeal to the Supreme Court. Parliament is authorised to
confer on the Supreme Court any further powers to entertain and hear appeals
from any judgement, final order or sentence in a criminal proceeding of
a High Court.
The Supreme Court has also a very wide appellate jurisdiction over all
Courts and Tribunals in India in as much as it may, in its discretion,
grant special leave to appeal under Article 136 of the Constitution from
any judgment, decree, determination, sentence or order in any cause or
matter passed or made by any Court or Tribunal in the territory of India.
The Supreme Court has special advisory jurisdiction in matters which may
specifically be referred to it by the President of India under Article
143 of the Constitution. There are provisions for reference or appeal
to this Court under Article 317(1) of the Constitution, Section 257 of
the Income Tax Act, 1961, Section 7(2) of the Monopolies and Restrictive
Trade Practices Act, 1969, Section 130-A of the Customs Act, 1962, Section
35-H of the Central Excises and Salt Act, 1944 and Section 82C of the
Gold (Control) Act, 1968. Appeals also lie to the Supreme Court under
the Representation of the People Act, 1951, Monopolies and Restrictive
Trade Practices Act, 1969, Advocates Act, 1961, Contempt of Courts Act,
1971, Customs Act, 1962, Central Excises and Salt Act, 1944, Enlargement
of Criminal Appellate Jurisdiction Act, 1970, Trial of Offences Relating
to Transactions in Securities Act, 1992, Terrorist and Disruptive Activities
(Prevention) Act, 1987 and Consumer Protection Act, 1986. Election Petitions
under Part III of the Presidential and Vice Presidential Elections Act,
1952 are also filed directly in the Supreme Court.
Under Articles 129 and 142 of the Constitution the Supreme Court has been
vested with power to punish for contempt of Court including the power
to punish for contempt of itself. In case of contempt other than the contempt
referred to in Rule 2, Part-I of the Rules to Regulate Proceedings for
Contempt of the Supreme Court, 1975, the Court may take action (a) Suo
motu, or (b) on a petition made by Attorney General, or Solicitor General,
or (c) on a petition made by any person, and in the case of a criminal
contempt with the consent in writing of the Attorney General or the Solicitor
General.
Under Order XL of the Supreme Court Rules the Supreme Court may review
its judgment or order but no application for review is to be entertained
in a civil proceeding except on the grounds mentioned in Order XLVII,
Rule 1 of the Code of Civil Procedure and in a criminal proceeding except
on the ground of an error apparent on the face of the record.
Public Interest Litigation
Although the proceedings in the Supreme Court arise out of the judgments
or orders made by the Subordinate Courts including the High Courts, but
of late the Supreme Court has started entertaining matters in which interest
of the public at large is involved and the Court can be moved by any individual
or group of persons either by filing a Writ Petition at the Filing Counter
of the Court or by addressing a letter to Hon'ble the Chief Justice of
India highlighting the question of public importance for invoking this
jurisdiction. Such concept is popularly known as 'Public Interest Litigation'
and several matters of public importance have become landmark cases. This
concept is unique to the Supreme Court of India only and perhaps no other
Court in the world has been exercising this extraordinary jurisdiction.
A Writ Petition filed at the Filing Counter is dealt with like any other
Writ Petition and processed as such. In case of a letter addressed to
Hon'ble the Chief Justice of India the same is dealt with in accordance
with the guidelines framed for the purpose.
Provision of Legal Aid
If a person belongs to the poor section of the society having annual income
of less than Rs. 18,000/- or belongs to Scheduled Caste or Scheduled Tribe,
a victim of natural calamity, is a woman or a child or a mentally ill
or otherwise disabled person or an industrial workman, or is in custody
including custody in protective home, he/she is entitled to get free legal
aid from the Supreme Court Legal Aid Committee. The aid so granted by
the Committee includes cost of preparation of the matter and all applications
connected therewith, in addition to providing an Advocate for preparing
and arguing the case. Any person desirous of availing legal service through
the Committee has to make an application to the Secretary and hand over
all necessary documents concerning his case to it. The Committee after
ascertaining the eligibility of the person provides necessary legal aid
to him/her.
Persons belonging to middle income group i.e. with income above Rs. 18,000/-
but under Rs. 1,20,000/- per annum are eligible to get legal aid from
the Supreme Court Middle Income Group Society, on nominal payments.
Amicus Curiae
If a petition is received from the jail or in any other criminal matter
if the accused is unrepresented then an Advocate is appointed as amicus
curiae by the Court to defend and argue curiae in any matter of general
public importance or in which the interest of the public at large is involved.
High Courts
The High Court stands at the head of a State's judicial administration.
There are 18 High Courts in the country, three having jurisdiction over
more than one State. Among the Union Territories Delhi alone has a High
Court of its own. Other six Union Territories come under the jurisdiction
of different State High Courts. Each High Court comprises of a Chief Justice
and such other Judges as the President may, from time to time, appoint.
The Chief Justice of a High Court is appointed by the President in consultation
with the Chief Justice of India and the Governor of the State. The procedure
for appointing puisne Judges is the same except that the Chief Justice
of the High Court concerned is also consulted. They hold office until
the age of 62 years and are removable in the same manner as a Judge of
the Supreme Court. To be eligible for appointment as a Judge one must
be a citizen of India and have held a judicial office in India for ten
years or must have practised as an Adovcate of a High Court or two or
more such Courts in succession for a similar period.
Each High Court has power to issue to any person within its jurisdiction
directions, orders, or writs including writs which are in the nature of
habeas corpus, mandamus, prohibition, quo warranto and certiorari for
enforcement of Fundamental Rights and for any other purpose. This power
may also be exercised by any High Court exercising jurisdiction in relation
to territories within which the cause of action, wholly or in part, arises
for exercise of such power, notwithstanding that the seat of such Government
or authority or residence of such person is not within those territories.
Each High Court has powers of superintendence over all Courts within its
jurisdiction. It can call for returns from such Courts, make and issue
general rules and prescribe forms to regulate their practice and proceedings
and determine the manner and form in which book entries and accounts shall
be kept. The following Table (*Ann.A) gives the seat and territorial jurisdiction
of the High Courts.
Advocate General
There is an Advocate General for each State, appointed by the Governor,
who holds office during the pleasure of the Governor. He must be a person
qualified to be appointed as a Judge of High Court. His duty is to give
advice to State Governments upon such legal matters and to perform such
other duties of legal character, as may be referred or assigned to him
by the Governor. The Advocate General has the right to speak and take
part in the proceedings of the State Legislature without the right to
vote.
Lok Adalats
Lok Adalats which are voluntary agencies are monitored by the State Legal
Aid and Advice Boards. They have proved to be a successful alternative
forum for resolving of disputes through the conciliatory method.
The Legal Services Authorities Act, 1987 provides statutory status to
the legal aid movement and it also provides for setting up of Legal Services
Authorities at the Central, State and District levels. These authorities
will have their own funds. Further, Lok Adalats which are at present informal
agencies will acquire statutory status. Every award of Lok Adalats shall
be deemed to be a decree of a civil court or order of a Tribunal and shall
be final and binding on the parties to the dispute. It also provides that
in respect of cases decided at a Lok Adalat, the court fee paid by the
parties will be refunded.
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