The Judiciary: Supreme Court and High Courts for CLAT
Understanding the Indian judiciary, particularly the Supreme Court and High Courts, is crucial for the Common Law Admission Test (CLAT). This module will break down their structure, powers, and significance in the Indian legal system.
The Supreme Court of India
The Supreme Court is the apex court of India. It acts as the guardian of the Constitution and the protector of the fundamental rights of citizens. Its decisions are binding on all other courts in India.
Powers and Functions of the Supreme Court
| Jurisdiction | Description |
|---|---|
| Original Jurisdiction | Deals with disputes between the Union and States, States inter se, and matters concerning fundamental rights. |
| Appellate Jurisdiction | Hears appeals against judgments of High Courts in civil, criminal, and constitutional matters. |
| Advisory Jurisdiction | Advises the President on questions of law or fact of public importance. |
| Writ Jurisdiction | Issues writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto for the enforcement of fundamental rights. |
| Review Jurisdiction | Can review its own judgments or orders. |
The Supreme Court acts as the guardian of the Constitution.
High Courts of India
Each state in India has a High Court, or in some cases, a common High Court for two or more states. They are the principal civil courts of original jurisdiction in each state and have appellate jurisdiction over subordinate courts.
Powers and Functions of High Courts
The structure of the Indian judiciary forms a hierarchy. At the top is the Supreme Court, followed by the High Courts in each state. Below the High Courts are the subordinate courts, which include District Courts and other lower courts. This hierarchical structure ensures that appeals can be made to higher courts, providing a system of checks and balances and ensuring justice.
Text-based content
Library pages focus on text content
| Feature | Supreme Court | High Court |
|---|---|---|
| Apex Court | Yes | No (within its state) |
| Jurisdiction | Nationwide | State-wide |
| Constitutional Interpretation | Final authority | Subject to Supreme Court review |
| Writ Powers | For Fundamental Rights (Art 32) | For Fundamental Rights and other legal rights (Art 226) |
| Supervisory Power | Over all courts | Over subordinate courts in the state |
Remember: The Supreme Court is the ultimate interpreter of the Constitution, and its decisions are binding on all courts, including the High Courts.
Relationship and Independence
The judiciary in India is designed to be independent of the executive and legislative branches. This independence is crucial for upholding the rule of law and protecting citizens' rights. While High Courts are subordinate to the Supreme Court in the hierarchy, they operate with significant autonomy within their states.
Article 226
Learning Resources
Official website of the Supreme Court of India, providing information on its structure, functions, and landmark judgments. Essential for understanding its constitutional role.
A directory of High Courts in India, offering links to individual court websites. Useful for exploring specific state judicial structures and their jurisdictions.
Direct access to the constitutional provisions governing the Supreme Court of India, including its powers, jurisdiction, and appointment of judges.
Constitutional articles detailing the establishment, jurisdiction, powers, and appointment of judges for High Courts in India.
A comprehensive overview of the Indian judicial system, including its history, structure, and key institutions like the Supreme Court and High Courts.
An analytical blog post explaining the hierarchy and functioning of the Indian judiciary, with a focus on the roles of the Supreme Court and High Courts.
Discusses the importance of judicial independence and the mechanisms in place to ensure it, relevant for understanding the judiciary's role in a democracy.
Syllabus breakdown for CLAT LLM focusing on the judiciary, which often includes detailed aspects of the Supreme Court and High Courts.
A video explanation detailing the various powers and functions of the Supreme Court of India, presented in an accessible format.
An educational video that provides a clear and concise explanation of the Indian judicial system, covering the roles of the Supreme Court and High Courts.