Judiciary Test 6

The Supreme Court has a very high appellate jurisdiction; it is the highest court of appeal. It can settle disputes between state and central governments, between two states and between citizens and state. But it cannot solve disputes between two countries.

Writs can be issued for the enforcement of Fundamental Rights by both the Supreme Court and High Court. To enforce the Fundamental Rights, the Supreme Court is empowered under Article 32, to issue writs of various forms. The Article 226 empowers High Courts to issue directions, orders or writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari.

The Judges of the Supreme Court are appointed by the President under Article 124(4) and 217 of the Constitution of India. The Supreme Court judges are appointed on the recommendation of the collegium. If the collegium approves the names, they are sent to the President of India through the Union government for appointments.

Each High Court consists of a Chief Justice and such other judges as the President of India may appoint from time to time. Besides, the President has the power to appoint additional judges for a temporary period not exceeding two years; an acting judge when a permanent judge is absent or unable to perform his duties.

In the parliamentary system of India, executive wing of the government is separate from state judiciary. Hence, judges of the courts are not included in the executive wing of the government.

It plays a crucial role in protecting the fundamental rights of citizens because anyone can approach the courts if they believe that their rights have been violated. 

Originally the age of the retirement of the judges of the High Courts was fixed at 60 but it was raised to 62 in 1963 according to the 15th amendment of the Constitution. Supreme court judges retire at the age of 65.

The Constitution of India in Article 124(3) lays down the qualifications of a person to be the judge of the Supreme Court. He/She:

must be a citizen of India

• He must be a judge of any High Court for at least 5 years, or has been an advocate in a High Court for 10 years or is in the opinion of the President a distinguished jurist.

When the Constitution was adopted and enforced in 1950, the age of the retirement of the judges of the High Courts was fixed at 60. However, it was raised to 62 in 1963 according to the 15th amendment of the Constitution.

According to the Article 214 every State has a High Court operating within its territorial jurisdiction. Parliament has the power to establish a common High Court for two or more States. For example, Punjab and Haryana have a common High Court.