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History & Civics

The Supreme Court is the apex court in the entire judicial set up in India. In this context answer the following questions:

(a) What is meant by the term Single Integrated Judicial System?

(b) Explain briefly the impeachment procedure for the removal of judges.

(c) State the difference between the Original jurisdiction and the Appellate jurisdiction. Mention two functions that come under Original jurisdiction.

Supreme Court

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Answer

(a) Under our Constitution the judiciary is a single integrated system of courts for the Union and the states with the Supreme Court at the apex. By the single integrated system we mean-

  1. The Supreme Court is the head of the entire system and not only supervises but also exercises control over the functioning of other courts.
  2. There are no separate sets of laws and a single civil and criminal system operates throughout the country.
  3. All cases coming from the Lower Courts can be taken to the High Court and ultimately to the Supreme Court, by way of appeal.

Below the Supreme Court stand the High Courts of different States and under each High Court there is a hierarchy of other subordinate courts.

(b) A Judge of the Supreme Court cannot be removed from office except by an order of the President on the ground of proved misbehaviour or incapacity. This charge needs to be proved only by a joint address by both houses of Parliament and supported by a two-third majority of members present and voting. The word 'proved' is very important. It means that an allegation has been thoroughly examined by some impartial tribunal.

(c) The differences between the Original jurisdiction and the Appellate jurisdiction are as follows-

Original jurisdictionAppellate jurisdiction
Original Jurisdiction means the power to hear and determine a dispute in the first instance; i.e., those cases which cannot be moved in any court other than the Supreme Court.Appellate Jurisdiction means the powers to grant special leave to appeal against the judgement delivered by any court in the country.
It deals with Centre-State or Inter-State disputes, protection of fundamental rights, transfer of cases from lower courts and interpretation of Constitution.The appellate jurisdiction extends to Constitutional, civil and criminal cases.

Two functions that come under Original jurisdiction are-

  1. The Supreme Court has the original jurisdiction to settle disputes between the Central government and one or more States and Union Territories as well as between different States and Union Territories.
  2. It has original jurisdiction with regard to the enforcement of Fundamental Rights, transfer of cases from High Courts and interpretation of the Constitution.

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