1
According to Article 131,
The SC has original jurisdiction in any dispute -
between the Government of India & one or more States; or
between the Government of India and any State or States on one side and one
or more other States on the other; or
between two or more States
2
Article – 226
of the constitution empowers a high court to issue writs.
Also when the chief justice of a High court acts in an administrative capacity,
be is subject to the writ jurisdiction of any other judges of the High court.
3
Under article 236 of the Constitution,
The term "District Judge" includes judge of a
city civil court,
additional district judge,
joint district judge,
assistant district judge,
chief judge of a small cause court,
chief presidency magistrate,
additional chief presidency magistrate,
sessions judge and assistant sessions judge and
additional sessions judge.
4
Wilful disobedience or non-compliance of Court orders and
use of derogatory language about judicial behaviour amount to Contempt of Court.
Judicial activism cannot be practised without arming the
judiciary with punitive powers to punish contemptuous behaviour.
5
As per provisions under Article 143
The Supreme Court of India tenders advice to the President on
a matter of law or fact only if he seeks such advice
6
There are 24 High Courts in India at present.
High Court ARE Six
Bombay
Calcutta
Guwahati
Kerala
Madras
Punjab
Haryana
Judges of the High Court hold office till the age of 62.
Jurisdiction over more than one state.
National Capital Territory of Delhi has High Court of its own.
7
The salaries and allowances of the
Judges of the HC are charged to the Consolidated Fund of the state
but their
pensions are payable as Charged Expenditure /Art 112(3).
8
The power to enlarge the jurisdiction of the Supreme Court of India
with respect to any matter included in the Union List of Legislative Powers
rests with The Parliament
9
The U.T. of Andaman and Nicobar Islands comes under the jurisdiction of
high court of Calcutta under its extended jurisdiction Act 1953.
10
These provisions are given under Article 233-235 in the chapter of
Subordinate Courts in the Constitution of India.
The highest criminal court of the district is the Court of District and Session Judge
The District Judge are appointed by the Governor in consultation with the High Courts.
A person to be eligible for appointment as a District Judge should be
an advocate or a pleader of seven years’
standing or more, or an officer in judicial service of the Union or the State.
When the sessions judge awards a death sentence,it must be confirmed
by the High Court before it is carried out
11
According to NHRC Act 1993,
only a retired CJI can become chairman of NHRC,
appointed by
President on the recommendation of a committee comprising of
PM,
Speaker of Lok Sabha,
Home Minister,
Leader of Opposition of both Houses of Parliament and
Deputy Chairman of Rajya Sabha
12
order of precedence in the warrant of precedence
President comes first
Vice-President second
Prime Minister third and
Governors of states fourth
According to Indian order of precedence,
Judges of the Supreme Court – Rank 9
Deputy Chairman of Rajya Sabha – Rank 10
Attorney General of India – Rank 11
Members of Parliament – Rank 21
13
There were 21 High Courts in India with three new states created in 2000,
having their own High Courts
Chattisgarh at Bilaspur,
Uttarakhand at Nainital
Jharkhand at Ranchi
Punjab, Haryana and Chandigarh have a common HC at Chandigarh
In the year 2013, three new High Courts in the northeast -
Meghalaya,
Manipur
Tripura were created taking the
total number of High Courts in the country from 21 to 24.
National Capital Territory of Delhi has a High Court of its own
which was established in the year 1966.
As Of 2018. There are 24 High courts in India.
14
according to Article 138(1) of the Constitution,
Parliament can enlarge the jurisdiction and powers of the SC wrt
to any of the matters in the Union List.
Whereas SC’s jurisdiction wrt to any other matter can be enlarged by a special
agreement between Government of India and government of the concerned State.
The officers and servants of the Supreme Court and High Courts are
appointed by the concerned Chief Justice and the administrative expenses are
charged on the Consolidated fund of India
15
Article 214 of the Constitution says–There shall be a High Court for each State.
But for twenty-nine states and seven union territories we have only 24 High Courts.
16
PN Bhagwati was CJI during July 1985–Dec 1986.
During his tenure as CJI, PIL was introduced to the Indian judicial system.
17
according to Article 220
after retirementa permanent judge of High Court
shall not plead or
act in a Court
or before any authority in India,
except the SC and a HC other than the HC in which he had
held his office
according to Article 217, a person is not qualified for appointment as a
judge of a High Court in India unless he has for at least
ten years held a judicial office in the territory of India.
18
according to Article 220
after retirementa permanent judge of High Court
shall not plead or
act in a Court
or before any authority in India,
except the SC and a HC other than the HC in which he had
held his office
19
Bombay HC -Maharashtra & Goa
Guwahati HC
Assam, Manipur,Meghalaya, Nagaland, Tripura,Mizoram and Arunachal Pradesh
Punjab and Haryana HC
20
Justice P. N. Bhagwati and Justice V. R. Krishna Iyer
were among the first judges to admit PIL's in the court.
21. (a)
When statutory recognition had been given to Lok Adalat,
it was specifically provided that the award passed by the Lok Adalat
formulating the terms of compromise will have the force of decree of a
court which can be executed as a civil court decree.
No appeal lies against the award of a Lok adalat However award of lok Adalat can be challenged only by
filling writ petition.
The Lok Adalats can deal with all
civil cases,
Matrimonial Disputes,
Land Disputes,
Property disputes,
compensation claims and
compoundable criminal cusses.
22
Cases that are pending in regular courts can be transferred to a Lok Adalat
if both the parties agree.
These are usually presided over by retired judges,social Activists, or other
members of the legal profession.
Lok Adalats can deal with any matter falling within the jurisdiction whether
it is of civil or criminal in nature.
23
The Original Jurisdiction of the Supreme Court includes dispute between
the Government of India and one or more States,
and dispute between two and more States.
24
The orders of the Delimitation Commission cannot be challenged in a Court of Law.
When the orders of the Delimitation Commission are laid before the
Lok Sabha or State Legislative Assembly,
they cannot effect any modifications in the orders
25
While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice
of India.
The salaries of the Judges are charged on the Consolidated Fund of India to
which the legislature does not have to vote.
26
The National Legal Services Authority (NALSA) has been constituted under the
Legal Services Authorities Act, 1987
to provide free Legal Services to The weaker sections of the society and
to organize Lok Adalats for amicable settlement of disputes.
In every state, State Legal Services Authority has been constituted to give effect
to the policies and directions of the NALSA and
to give free legal services to the people and conduct Lok Adalats in the State.
27
Prohibition of discrimination on grounds of religion
Article 15 of the Constitution of India is a Fundamental Rights
Article 14to18 are covered under Right to Equality.
Article 23 and 24 Right against Exploitation.
Article 25to28 - Right to Freedom of Religion.
Article 29 and0 30 - Cultural and Educational Rights
28
No one can be compelled to sing the National Anthem
since:
1. it will be violative of the Right to Freedom of Speech and Expression
2. it will be violative of the Right to the Freedom of Conscience and practise and propagation of
religion
3. there is no legal provision obliging anyone to sing the National Anthem
29
Fundamental Rights available only to citizens and not to foreigners:
Rights available under Article-15, 16, 19, 29 & 30.
Fundamental Rights available to bOth citizens and foreigners
except enemy aliens
Rights available under Article –
14, 20 TO 28 AND 21(A)
Article 19(1) (g) of constitution of India provides
Right to practice any profusion or to carry on any occupation,
trade or business to all citizens subject to caution restrictions.
30
Fundamental Rights have been categorised into 6 groups
Right to Equality (14-18)
Right to Freedom (19-22)
Right against Exploitation (23 and 24)
Right to Freedom of Religion (25 and 28)
Cultural & Educational Rights (29 and 30)
Right to Constitutional remedies (32).
31
Right to Constitutional Remedies under article 32 is a Fundamental Right.
It was called the very soul of Indian constitution and very heart of it, by B.R.
Ambedkar
32
Article 301
pertains to Freedom of Trade, Commerce and Intercourse.
In the original constitution right to property was a Fundamental Right under Article 19(1) (f).
But 44th Amendment Act, 1978 omitted sub clause f,
and inserted Article 300A to make right to property a legal right
33
34
According to Article 143
Power of President to consult Supreme Court
35
Article : 30 of the constitution of India States that
All minorities (whether religious or linguistic) shall
have the right to establish and administer educational
institutions of their choice.
Article-331 provides for nomination of two anglo-
Indians to the Lok-Sabha.
But as if now their is no provision for the nomination of religious Minorities
to the Lok-Sabha.
However religious minorities can avail benefits from
the prime minister’s 15-point programme.
According to Article 131,
The SC has original jurisdiction in any dispute -
between the Government of India & one or more States; or
between the Government of India and any State or States on one side and one
or more other States on the other; or
between two or more States
2
Article – 226
of the constitution empowers a high court to issue writs.
Also when the chief justice of a High court acts in an administrative capacity,
be is subject to the writ jurisdiction of any other judges of the High court.
3
Under article 236 of the Constitution,
The term "District Judge" includes judge of a
city civil court,
additional district judge,
joint district judge,
assistant district judge,
chief judge of a small cause court,
chief presidency magistrate,
additional chief presidency magistrate,
sessions judge and assistant sessions judge and
additional sessions judge.
4
Wilful disobedience or non-compliance of Court orders and
use of derogatory language about judicial behaviour amount to Contempt of Court.
Judicial activism cannot be practised without arming the
judiciary with punitive powers to punish contemptuous behaviour.
5
As per provisions under Article 143
The Supreme Court of India tenders advice to the President on
a matter of law or fact only if he seeks such advice
6
There are 24 High Courts in India at present.
High Court ARE Six
Bombay
Calcutta
Guwahati
Kerala
Madras
Punjab
Haryana
Judges of the High Court hold office till the age of 62.
Jurisdiction over more than one state.
National Capital Territory of Delhi has High Court of its own.
7
The salaries and allowances of the
Judges of the HC are charged to the Consolidated Fund of the state
but their
pensions are payable as Charged Expenditure /Art 112(3).
8
The power to enlarge the jurisdiction of the Supreme Court of India
with respect to any matter included in the Union List of Legislative Powers
rests with The Parliament
9
The U.T. of Andaman and Nicobar Islands comes under the jurisdiction of
high court of Calcutta under its extended jurisdiction Act 1953.
10
These provisions are given under Article 233-235 in the chapter of
Subordinate Courts in the Constitution of India.
The highest criminal court of the district is the Court of District and Session Judge
The District Judge are appointed by the Governor in consultation with the High Courts.
A person to be eligible for appointment as a District Judge should be
an advocate or a pleader of seven years’
standing or more, or an officer in judicial service of the Union or the State.
When the sessions judge awards a death sentence,it must be confirmed
by the High Court before it is carried out
11
According to NHRC Act 1993,
only a retired CJI can become chairman of NHRC,
appointed by
President on the recommendation of a committee comprising of
PM,
Speaker of Lok Sabha,
Home Minister,
Leader of Opposition of both Houses of Parliament and
Deputy Chairman of Rajya Sabha
12
order of precedence in the warrant of precedence
President comes first
Vice-President second
Prime Minister third and
Governors of states fourth
According to Indian order of precedence,
Judges of the Supreme Court – Rank 9
Deputy Chairman of Rajya Sabha – Rank 10
Attorney General of India – Rank 11
Members of Parliament – Rank 21
13
There were 21 High Courts in India with three new states created in 2000,
having their own High Courts
Chattisgarh at Bilaspur,
Uttarakhand at Nainital
Jharkhand at Ranchi
Punjab, Haryana and Chandigarh have a common HC at Chandigarh
In the year 2013, three new High Courts in the northeast -
Meghalaya,
Manipur
Tripura were created taking the
total number of High Courts in the country from 21 to 24.
National Capital Territory of Delhi has a High Court of its own
which was established in the year 1966.
As Of 2018. There are 24 High courts in India.
14
according to Article 138(1) of the Constitution,
Parliament can enlarge the jurisdiction and powers of the SC wrt
to any of the matters in the Union List.
Whereas SC’s jurisdiction wrt to any other matter can be enlarged by a special
agreement between Government of India and government of the concerned State.
The officers and servants of the Supreme Court and High Courts are
appointed by the concerned Chief Justice and the administrative expenses are
charged on the Consolidated fund of India
15
Article 214 of the Constitution says–There shall be a High Court for each State.
But for twenty-nine states and seven union territories we have only 24 High Courts.
16
PN Bhagwati was CJI during July 1985–Dec 1986.
During his tenure as CJI, PIL was introduced to the Indian judicial system.
17
according to Article 220
after retirementa permanent judge of High Court
shall not plead or
act in a Court
or before any authority in India,
except the SC and a HC other than the HC in which he had
held his office
according to Article 217, a person is not qualified for appointment as a
judge of a High Court in India unless he has for at least
ten years held a judicial office in the territory of India.
18
according to Article 220
after retirementa permanent judge of High Court
shall not plead or
act in a Court
or before any authority in India,
except the SC and a HC other than the HC in which he had
held his office
19
Bombay HC -Maharashtra & Goa
Guwahati HC
Assam, Manipur,Meghalaya, Nagaland, Tripura,Mizoram and Arunachal Pradesh
Punjab and Haryana HC
20
Justice P. N. Bhagwati and Justice V. R. Krishna Iyer
were among the first judges to admit PIL's in the court.
21. (a)
When statutory recognition had been given to Lok Adalat,
it was specifically provided that the award passed by the Lok Adalat
formulating the terms of compromise will have the force of decree of a
court which can be executed as a civil court decree.
No appeal lies against the award of a Lok adalat However award of lok Adalat can be challenged only by
filling writ petition.
The Lok Adalats can deal with all
civil cases,
Matrimonial Disputes,
Land Disputes,
Property disputes,
compensation claims and
compoundable criminal cusses.
22
Cases that are pending in regular courts can be transferred to a Lok Adalat
if both the parties agree.
These are usually presided over by retired judges,social Activists, or other
members of the legal profession.
Lok Adalats can deal with any matter falling within the jurisdiction whether
it is of civil or criminal in nature.
23
The Original Jurisdiction of the Supreme Court includes dispute between
the Government of India and one or more States,
and dispute between two and more States.
24
The orders of the Delimitation Commission cannot be challenged in a Court of Law.
When the orders of the Delimitation Commission are laid before the
Lok Sabha or State Legislative Assembly,
they cannot effect any modifications in the orders
25
While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice
of India.
The salaries of the Judges are charged on the Consolidated Fund of India to
which the legislature does not have to vote.
26
The National Legal Services Authority (NALSA) has been constituted under the
Legal Services Authorities Act, 1987
to provide free Legal Services to The weaker sections of the society and
to organize Lok Adalats for amicable settlement of disputes.
In every state, State Legal Services Authority has been constituted to give effect
to the policies and directions of the NALSA and
to give free legal services to the people and conduct Lok Adalats in the State.
27
Prohibition of discrimination on grounds of religion
Article 15 of the Constitution of India is a Fundamental Rights
Article 14to18 are covered under Right to Equality.
Article 23 and 24 Right against Exploitation.
Article 25to28 - Right to Freedom of Religion.
Article 29 and0 30 - Cultural and Educational Rights
28
No one can be compelled to sing the National Anthem
since:
1. it will be violative of the Right to Freedom of Speech and Expression
2. it will be violative of the Right to the Freedom of Conscience and practise and propagation of
religion
3. there is no legal provision obliging anyone to sing the National Anthem
29
Fundamental Rights available only to citizens and not to foreigners:
Rights available under Article-15, 16, 19, 29 & 30.
Fundamental Rights available to bOth citizens and foreigners
except enemy aliens
Rights available under Article –
14, 20 TO 28 AND 21(A)
Article 19(1) (g) of constitution of India provides
Right to practice any profusion or to carry on any occupation,
trade or business to all citizens subject to caution restrictions.
30
Fundamental Rights have been categorised into 6 groups
Right to Equality (14-18)
Right to Freedom (19-22)
Right against Exploitation (23 and 24)
Right to Freedom of Religion (25 and 28)
Cultural & Educational Rights (29 and 30)
Right to Constitutional remedies (32).
31
Right to Constitutional Remedies under article 32 is a Fundamental Right.
It was called the very soul of Indian constitution and very heart of it, by B.R.
Ambedkar
32
Article 301
pertains to Freedom of Trade, Commerce and Intercourse.
In the original constitution right to property was a Fundamental Right under Article 19(1) (f).
But 44th Amendment Act, 1978 omitted sub clause f,
and inserted Article 300A to make right to property a legal right
33
34
According to Article 143
Power of President to consult Supreme Court
35
Article : 30 of the constitution of India States that
All minorities (whether religious or linguistic) shall
have the right to establish and administer educational
institutions of their choice.
Article-331 provides for nomination of two anglo-
Indians to the Lok-Sabha.
But as if now their is no provision for the nomination of religious Minorities
to the Lok-Sabha.
However religious minorities can avail benefits from
the prime minister’s 15-point programme.
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