Appointment and Functions of Key Union Government Judiciary and Other Bodies
This module delves into the appointment processes and core functions of crucial bodies within the Indian Union Government, focusing on those related to the judiciary and other significant constitutional entities. Understanding these aspects is vital for mastering Polity and Constitution for competitive examinations like the UPSC.
The Supreme Court of India
The Supreme Court is the apex judicial body in India, responsible for interpreting the Constitution, resolving disputes between the Union and states, and protecting fundamental rights. Its role is central to the Indian democratic framework.
Supreme Court Justices are appointed by the President after consultation.
The Chief Justice of India is appointed by the President. Other judges are appointed by the President after consulting the CJI and other judges of the Supreme Court and High Courts as deemed necessary. This collegium system has evolved over time.
The appointment of Supreme Court judges is governed by Article 124 of the Constitution. The President appoints the Chief Justice of India (CJI) and other judges. The process for appointing judges other than the CJI involves consultation with the CJI. Over the years, the interpretation of 'consultation' has led to the development of the collegium system, where a body of senior judges recommends appointments. This system aims to ensure judicial independence and meritocracy.
Article 124
Key Functions of the Supreme Court
| Jurisdiction | Description |
|---|---|
| Original Jurisdiction | Disputes between the Union and states, or between states; matters involving fundamental rights. |
| Appellate Jurisdiction | Appeals from High Courts in civil, criminal, and constitutional matters; special leave petitions. |
| Advisory Jurisdiction | Advising the President on questions of law or fact referred to it. |
| Writ Jurisdiction | Issuing writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto to protect fundamental rights. |
| Review Jurisdiction | Reviewing its own judgments and orders. |
The Supreme Court acts as the guardian of the Constitution and the protector of citizens' fundamental rights.
High Courts
Each state and union territory in India has a High Court, which is the principal civil court in that territory. They play a crucial role in the judicial hierarchy, functioning as appellate courts for lower courts and exercising original jurisdiction in certain matters.
High Court Judges are appointed by the President after consulting the Governor, CJI, and the Chief Justice of the concerned High Court.
The appointment process for High Court judges is similar to the Supreme Court but involves additional consultations with state-level authorities. The President makes the appointment after consulting the Governor of the state, the Chief Justice of India, and the Chief Justice of the High Court in question.
Article 217 of the Constitution outlines the appointment of High Court judges. The President appoints a judge of a High Court after consulting the Chief Justice of India, the Governor of the state, and, in the case of appointment of a judge other than the Chief Justice, the Chief Justice of the High Court. Similar to the Supreme Court, the collegium system also influences these appointments.
Article 217
Functions of High Courts
High Courts exercise jurisdiction over their respective states and union territories. Their functions include hearing appeals from subordinate courts, issuing writs for the enforcement of fundamental rights, and exercising superintendence over all subordinate courts.
The Indian judicial system is structured hierarchically, with the Supreme Court at the apex, followed by High Courts, and then subordinate courts (District Courts, Magistrates' Courts, etc.). This structure ensures a clear chain of command and a system of appeals, allowing for review of decisions at higher levels. The Supreme Court's decisions are binding on all lower courts.
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Subordinate Courts
These courts are at the district and lower levels. They handle civil and criminal cases within their territorial jurisdiction. Their appointment and functioning are governed by state laws and the superintendence of the respective High Courts.
Other Important Bodies
Beyond the judiciary, several other constitutional bodies play vital roles in governance, often with quasi-judicial functions or oversight responsibilities.
Attorney General for India
The Attorney General is the chief legal advisor to the Government of India.
Appointed by the President, the Attorney General represents the Union Government in all legal matters and advises it on constitutional and legal issues. They must be qualified to be appointed a judge of the Supreme Court.
Article 76 of the Constitution provides for the office of the Attorney General for India. The President appoints the Attorney General, who must be a person qualified to be appointed a Judge of the Supreme Court. Their primary role is to advise the Government of India on legal matters and to perform other duties of a legal character as may be referred or assigned to him by the President. They also represent the Union in all proceedings in the Supreme Court in which the Government of India is concerned.
Article 76
Comptroller and Auditor General of India (CAG)
The CAG is an independent constitutional authority responsible for auditing the accounts of the Union and state governments. Article 148 establishes the office of the CAG, who is appointed by the President and holds office for six years or until the age of 65. The CAG audits government expenditure to ensure it is in accordance with the law and presents reports to Parliament, which are then examined by the Public Accounts Committee.
Election Commission of India (ECI)
The ECI is a constitutional body responsible for conducting elections to Parliament, state legislatures, and the offices of the President and Vice-President. It ensures free and fair elections. The Chief Election Commissioner and Election Commissioners are appointed by the President. Article 324 provides for the ECI.
Union Public Service Commission (UPSC)
The UPSC is a central recruiting agency responsible for conducting examinations for all-India services, central services, and for advising the government on matters relating to personnel. Article 315 establishes the UPSC. Its chairman and members are appointed by the President and hold office for six years or until the age of 65.
Finance Commission
Article 280 provides for the establishment of a Finance Commission, which is a quasi-judicial body. It is constituted every five years by the President to recommend the distribution of financial resources between the Union and the states, and among the states themselves. Its recommendations are crucial for fiscal federalism.
Learning Resources
Explore the official website of the Supreme Court for its history, jurisdiction, and key judgments. Provides direct insight into the apex court's operations.
Access the full text of the Constitution of India. Essential for understanding the articles related to the appointment and functions of judiciary and other bodies.
A directory listing all High Courts in India, with links to their respective websites for detailed information on their structure and functions.
Official information from the Ministry of Law and Justice regarding the role, appointment, and functions of the Attorney General of India.
Learn about the CAG's mandate, audit reports, and its crucial role in ensuring accountability in public finance.
Understand the structure, powers, and functions of the Election Commission of India, the body responsible for conducting elections.
Details on the UPSC's role in recruitment for civil services, its examination processes, and constitutional basis.
Information on the Finance Commission, its constitutional mandate, and the role it plays in fiscal federalism.
An analytical blog post discussing the constitutional provisions and evolution of judicial appointments in India, including the collegium system.
A video explaining the Supreme Court's critical function as the guardian of fundamental rights and its writ jurisdiction.