Supreme Court and High Courts

The Indian judicial system follows a system of the integrated Judiciary; in this system, the Supreme Court is the highest court of appeal and is succeeded by the High Courts at state levels. The Subordinate Courts further succeed High Courts at district and local levels.

The present-day Supreme Court of India was established in January 1950 with its seat in New Delhi; it was made the highest court of appeal in India. The Supreme Court has vast jurisdiction across the country. High Courts’ jurisdiction is limited to state levels; they are subordinate to the Supreme Courts but highest at the state level. The constitution provides for forming a High Court in every Indian State.

Historical Background

In 1861, the British government introduced Indian High Courts Act 1861; this act abolished the presidential Supreme Courts in Bombay, Calcutta, and Madras and created several High Courts in provinces. In 1937, under the Government of India Act 1935, the Federal Court of India was established. The Federal court had jurisdiction over the dispute between the central government and any provinces. After independence, the Federal Court of India was abolished in 1950, and the Supreme Court of India was established under Article 124 of the Indian Constitution.

The Supreme Court of India

The Supreme Court of India replaced the colonial era Federal Court of India, established in 1937 under the Government of India Act of 1935 and worked as the highest court of British India. In the constitution, provisions related to the organisation, jurisdiction, powers, procedures, independence, etc., of the Supreme Court are given from Article 124 to Article 147.

Presently, the Supreme Court of India has 31 judges, including the Chief Justice of India.

Judges of the Supreme Court

The President of India appoints the judges to the Supreme Court; however, the Chief Justice of India is appointed by the President of India with consultation with the Supreme Court collegium. However, the President must consult the Chief Justice of India to appoint other judges to the Supreme Court.

The Judiciary in India follows a collegium system for the appointments of the judges; in this system, a group of sitting judges recommends the appointments of the eligible candidates as the judge of the Supreme Court.

Chief Justice of India

The Chief Justice of India is the highest judicial officer in India. He/she is usually the senior-most judge of the Supreme Court. After the inauguration of the Supreme Court in 1950, traditionally, the senior-most judge of the Supreme Court has been appointed as the Chief Justice. However, in 1973 and 1977, the collegium recommended judges superseding the senior judges.

Qualifications

To be appointed as a judge of the Supreme Court of India, you must satisfy the following qualifications:

1. A person appointed as a judge of S.C must be a citizen of India.
2. A person appointed as a judge of S.C must have been a judge of a High Court of any Indian state for at least 5 years.
3. A person appointed as a judge of S.C must have been an advocate of a High Court of any Indian state for at least 10 years.
4. A person to appoint as a judge of S.C must be a distinguished jurist in the opinion of the President of India.

The constitution of India does not provide for a minimum age requirement for the appointment as a judge of the Supreme Court.

High Court of India

The Indian judiciary system has followed a single integrated judiciary system; the High Court operates below the Supreme Court. Each state of India is provided with a High Court by the constitution of India. The functioning of High Courts is given under Article 214 to Article 231.

All the High Courts consist of one chief justice and several other judges. The President determines the number of judges of the High Court; the President can change the number of judges in any High Court as necessary.

Judges of the High Courts

The President of India appoints the judges to the High Courts across the states. The President of India appoints the chief justice of a High Court after consulting the chief justice of India and the Governor of the respective state. In the appointment of other judges to the high court, the President of India consults the Chief Justice of the Supreme Court of India.

When two or more states share a High Court (e.g., Haryana and Punjab), the governors of all concerned states are consulted by the President of India.

Qualifications

For a person to be appointed as a judge in any High Court of any Indian state, he/she shall satisfy the following qualifications:

1. For a person to be appointed as a judge of H.C, he/she shall be a citizen of India.
2. To become a judge of H.C, he/she should have held a judicial office for at least 10 years.
3. To be appointed as a judge, he/she should have advocated the High Court for 10 years.

The constitution of India does not provide for a minimum age requirement for appointment as a judge of the high court. The constitution also doesn’t provide for the President to appoint a jurist as the judge of a high court.

Conclusion

The Supreme and the High Courts make the essential bodies of India’s integrated judicial system. The Supreme Court is the highest in the Indian Republic and is followed by the High Courts at state levels. The President of the Republic of India makes the appointments of the judges. However, the President has to consult the collegium of judges for any such appointments. The constitution of India provides a list of qualifications for the appointment of the Supreme and High Court judges.