Judiciary Test 5

Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

The Supreme Court of India is the final authority to see to it that the division of powers as specified in the constitution is obeyed by both the Union and the State governments. So, Article 131 of the Indian Constitution vests the Supreme Court with original and exclusive jurisdiction to determine the justiciable disputes between the Union and the States or between the States.

The High Courts' power refers to matters falling with in the State jurisdiction. The Supreme Court can review both the State and Union legislative executive acts.

The Supreme Court in India has to work according to The Provisions of the Constitution. Article 137 of the Constitution of India lays down provision for power of the Supreme Court to review its own judgments. As per this Article, subject to the provisions of any law made by Parliament or any rules made under Article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.

B.  Fundamental Rights.

Any citizen whose rights are violated may move the Supreme Court for the enforcement of the rights. The Supreme Court has the power to issue orders or writs, in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement  of any of the Fundamental Rights.

Two features of Indian Judicial system are:-

• Integrated Judiciary system - The Constitution establishes a single integrated judicial system for the whole of India. The Supreme Court of India is the highest court of the country and below it are the High Courts at the state level.
  
• Independent Judiciary system - The Constitution of India makes judiciary truly independent. It provides for appointment of judges by the President, high qualification for appointment of judges, removal of judges by a difficult method of impeachment.
  

This is the chief account of the Government of India. The inflow to this fund is by way of taxes like Income Tax, Central Excise, Customs and also non-tax revenues which arise to the government in connection with the conduct of its business. Loans raised by issue of treasury bills are also received in this fund. The government meets all its expenditure including loan repayments from this fund. No amount can be withdrawn from the fund without the authorisation from the Parliament. This fund is formed under the provision of Aricle 266 (1) of the Indian Constitution.

The body which acts as the guardian of Fundamental Rights is the Supreme Court. The court protect the Fundamental Rights of the citizens from being exploited. The Supreme Court as the Guardian of Fundamental Rights can declare any law null and void if it violates. The Court also protect these rights if they are infringed by the action of the executive.

Under Article 32 of Constitution of India, the Supreme Court works as the protector and guardian of Fundamental Right. Supreme Court comes to the rescue of Fundamental Rights if:-

• Executive violates
• Legislature violates
• An individual violates