Welcome dear students! Today we are going to learn about The Judiciary from Class 9 Social Science. Let us begin by understanding the highest court in our country, the Supreme Court. The President appoints the Chief Justice of the Supreme Court. Other judges of the Supreme Court are appointed by the President, on the recommendation of the collegium comprising the Chief Justice of India and other four senior judges of the Supreme Court and on the advice of the Union Cabinet. His retirement age is 65 years but he can submit his resignation to the President even before that. He may be removed by the President on the recommendation of a definite majority of both the houses of the Parliament on the grounds of proven misconduct or incapacity. He cannot continue to practice law in any court of the country after retirement or removal. Their pay and allowances are determined by the Parliament by making a law. Their salary and allowances are paid from the Consolidated Fund of India. [CHECKPOINT]
Now let us move on to the functions and powers of the Supreme Court. First, Original Powers. Resolving the disputes between the Union and the States, and between the States. Interpreting the provisions of the Constitution is vested with Supreme Court. Second, Appellate Powers. Citizens may file cases in the Supreme Court against the judgments given in the lower courts. The Supreme Court may accept such appeals and issue judgments in these matters. Third, Advisory Powers. The Supreme Court has the authority to advise the President on matters of public importance, constitutional importance and legislative importance. Fourth, Powers of Judicial Review. The Supreme Court has the power to review whether the statutes enacted by the legislature and the orders and decisions of the executive are constitutional or not. If these are in violation of the Constitution they are declared unconstitutional and invalid. This is called judicial review. Fifth, Protection of Fundamental Rights. The Supreme Court protects fundamental rights by issuing special order, also known as writs, under Article 32 of the Constitution of India. So the Supreme Court is the guardian of the fundamental rights. Dr. B. R. Ambedkar praised Article 32 as heart and soul of the Constitution. The Supreme Court protects fundamental rights by issuing five types of writs in case of violation of fundamental rights. Such writs are one, writ of arrest, also known as Habeas Corpus. Two, Mandamus. Three, Prohibition. Four, Certiorari. Five, Co-warranto. In view of above powers and functions of the Supreme Court, it is clear the Supreme Court plays a very important role in the judicial system of India. The Supreme Court protects the Constitution. [CHECKPOINT]
Please note these important facts for your exams. Justice Harilal J Kania was the first Chief Justice of the Supreme Court of India. Justice Dhananjaya Yashwant Chandrachud is the 50th Chief Justice of the Supreme Court of India. Now we will study the High Court. The Constitution provides for a High Court in every State. Sometimes there is one High Court for two or more States. The High Court consists of the Chief Justice and other judges. The number of judges varies from State to State.
Do you know this? The British established three High Courts in India for the first time in Calcutta, Bombay and Madras in 1862. At present, there are 25 High Courts in India. Calcutta High Court, also known as Kolkata High Court, was the first High Court of India. There is one High Court for the States of Punjab and Haryana, and the Union Territory of Chandigarh. Similarly, there is one High Court in Guwahati in Assam State, for Assam, Nagaland, Mizoram and Arunachal Pradesh. The High Court of Karnataka at Bengaluru was established in 1884. In 2008, circuit benches of Karnataka High Court were established at Hubli Dharwad and Kalaburagi. But in 2013, both these circuit benches were converted into permanent benches of the High Court. [CHECKPOINT]
Let us look at the qualifications for becoming a High Court judge. First, the person should be a citizen of India. Second, the person should have served as a judge for 10 years in any subordinate court in India or must have served as an advocate for 10 years in one or more High Courts. Now, regarding appointment, tenure and removal. The Chief Justice of the High Courts are appointed by the President on the recommendation of the collegium consisting of the Chief Justice of India and other four senior judges of the Supreme Court and on the advice of the Union Cabinet. Other judges of the High Court are appointed by the President on the recommendation of a collegium comprising the Chief Justice of the Supreme Court and two other senior judges. The retirement age of the Chief Justice of the High Court judges is 62 years. He can submit his resignation to the President even before that. He can be removed by the President on the recommendation of a definite majority of both the houses of the Parliament on the grounds of proven misconduct or incapacity. Their salary and allowances are determined by the Parliament by making a law. Their salaries and allowances are met from the state consolidated fund. [CHECKPOINT]
Next, we will learn about the powers and functions of the High Court. The jurisdiction of this court extends throughout the state. The functions it performs are as follows. First, original jurisdiction to settle disputes relating to matrimonial relations, death certificate and contempt of court. Second, appellate jurisdiction to entertain and dispose of appeals against judgments passed by subordinate courts. Third, it has the power to supervise cases in subordinate courts falling within the jurisdiction of the High Court, to direct them to observe certain rules and to collect all records. Apart from these, it handles recruitment and control of staff, protection of fundamental rights, receiving various writ petitions and providing justice.
Now let us move to the subordinate courts. The Conference of Courts that was held in 1948 urged for autonomy to subordinate courts. As a result, specifications about the structure and scope of the subordinate courts have been included in the Constitution. Though subordinate courts differ from State to State, their main features remain the same. Courts have been classified into two kinds, namely civil courts and criminal courts. In a civil court, every district has a civil court, and the District Judge is its Chief Judge. The Governor appoints the Chief Judge in consultation with the judges of the High Court. Here is an activity for you. Visit a court and observe the arguments. Discuss with your teacher. The Chief Judge should have served as an advocate in any court of the State for a period of seven years. The other judges are selected through a competitive examination. Civil courts settle disputes related to civil matters like property, land, monetary transactions, marriage, divorce and related matters. They also hear appeals from lower courts. The District Judge exercises control over all the civil courts in the district. [CHECKPOINT]
These subordinate courts are under the District Court. They are the Court of Subordinate Judges, the Court of Additional Subordinate Judges, the Court of Munsiffs, and the Court of Additional Munsiffs. Now let us study the criminal court or magistrate court. Criminal courts came into existence from 1 April 1974. They are also known as District Magistrate courts. They function under the High Court. The highest criminal court at the district level is the Sessions Court. The District Judge performs the function of a judge of this court too. The court takes up crimes like murder, robbery, dacoity and other serious offenses. It has the powers to issue death sentences and also life imprisonment sentences. However, such sentences will have to be ratified by the High Court. Similarly, an appeal may be made to the High Court against the judgments given by the criminal court.
There are other courts functioning under the criminal court. The Chief Magistrate Court does not have the powers to pass death sentences or life imprisonment sentences. However, it can impose seven years punishment. The First Grade Magistrate Court has greater powers and can impose punishment up to 3 years or fine up to 10,000 rupees, or impose both. Moreover, it can admit appeals against judgments from lower magisterial courts. The Second Grade Magistrate Court has the power to impose punishment up to 1 year or a fine of 5,000 rupees or both. The Third Grade Magistrate Court has the power only to impose one month imprisonment or fine of 50 rupees or both. Neither the Second Grade nor the Third Grade Magisterial Courts can admit appeals against judgments of any other court. Thus, both the Grade District and the Sessions Grade courts are one and the same, with the same judge passing judgments in both. When the court takes up a civil matter, it is called District Court, and when it takes up a criminal matter, it is called Sessions Court. [CHECKPOINT]
Let us now cover the Revenue Courts. There are Revenue courts in every district. They take up cases related to land tax, land records and related matters. Revenue Courts comprise the following courts. The Tahsildar Court is the lowest court among the Revenue courts and the Tahasildar is its judge. This court is also known as Taluk Magistrate Court. In the Assistant Commissioner Court, the Assistant Commissioner is the judge. This court takes up appeals against the decisions and judgments of Tahsildar courts. The District Revenue Court or District Magistrate Court exists in every district. This court takes up appeals against the judgments given by the Tahsildar court or the District Subdivisional Officer or Assistant Commissioner court. The Deputy Commissioner is its judge. The Commissioner Court takes up appeals against the judgments of the district magistrate courts. The Regional Commissioner Officer is its judge.
Do you know this? Karnataka has been divided into four divisions for administrative convenience. They are Bengaluru, Mysuru, Kalaburagi and Belagavi. The Revenue Board is the highest court dealing with land tax cases. It has the power to take up appeals against the judgments of the lower revenue courts. The Revenue Secretary is its head, and the court functions under the supervision of the High Court. [CHECKPOINT]
Next, we will learn about People's Courts, also known as Lok Adalat. In India, the legal procedure is time consuming and expensive. As an alternative, the Government has set up other forms of legal institutions which function faster and are less expensive. These institutions came into existence in 1985. One of them is Lok Adalat. It takes up cases from parties which mutually agree to settle the cases amicably. Some judges of the Supreme Court, social workers and young law graduates are the founding members of these courts. Cases which have not yet been disposed off by the other courts or the High Court can be settled by the Lok Adalats. The functioning of the Lok Adalats has drawn appreciation from people, mainly due to three reasons. First, it lays stress on compromise. Second, it is fast and cheap. Third, it reduces the judicial burden on other courts. Lok Adalats take up cases relating to vehicle accidents, land possession, banking, marriage and alimony, labourers problems and related disputes. These courts are established by either the District Legal Services Authority or the Taluk Legal Services Committee. There are two mediators in it. The judgments given by the Lok Adalats are final and binding on both the parties and appeals cannot be filed against them. These judgments enjoy the same respect that judgments of civil courts do. [CHECKPOINT]
Now, let us move to the exercises to ensure you are fully prepared for your exams. I will read each question and provide the complete answer.
Exercise One, Fill in the blanks with suitable words. Question one: The Supreme Court came into existence on ______________. The correct answer is 26th January 1950. Question two: The number of writs that can be issued under Article 32 of the constitution is ____________. The correct answer is five. Question three: Criminal courts came into existence on ___________. The correct answer is 1 April 1974. Question four: The lowest Revenue court is the ____________________. The correct answer is the Tahsildar Court.
Exercise Two, Answer the following questions. Question five: How are the judges of the Supreme Court appointed and What are their qualifications? Answer: The President appoints the Chief Justice of the Supreme Court. Other judges are appointed by the President on the recommendation of the collegium comprising the Chief Justice of India and four other senior judges, and on the advice of the Union Cabinet. The retirement age is 65 years. They can be removed by the President on the recommendation of a definite majority of both houses of Parliament for proven misconduct or incapacity. They cannot practice law after retirement or removal. Their pay and allowances are determined by Parliament and paid from the Consolidated Fund of India.
Question six: What are the functions of the High Court? Answer: The jurisdiction extends throughout the state. Its functions include original jurisdiction to settle disputes relating to matrimonial relations, death certificate and contempt of court. It has appellate jurisdiction to entertain and dispose of appeals against judgments passed by subordinate courts. It supervises subordinate courts, directs them to observe rules, collects records, handles staff recruitment, protects fundamental rights, receives writ petitions, and provides justice.
Question seven: Which are the subordinate courts under the Civil Courts? Answer: The subordinate courts under the District Court are the Court of Subordinate Judges, the Court of Additional Subordinate Judges, the Court of Munsiffs, and the Court of Additional Munsiffs.
Question eight: What was the purpose of establishing Lok Adalats? When did they come into existence? Answer: The purpose was to provide a faster and less expensive alternative to the time consuming and expensive legal procedure. They lay stress on compromise and reduce the judicial burden on other courts. They came into existence in 1985. [CHECKPOINT]
Exercise Three covers Activities. Activity one: Meet an advocate in your locality and learn more about the Supreme Court. Activity two: Visit the nearest court in your area. Watch the proceedings of the court and prepare a brief report on your experience. I encourage you to complete these practical tasks to deepen your understanding of how our courts function in reality.
Exercise Four is a Project. Project one: Collect reports of High Court judgments from newspapers and prepare an album. This project will help you understand how legal principles are applied in real life cases. Make sure to organize your album chronologically and note the key legal points from each judgment.
We have now covered every aspect of Chapter Eight, The Judiciary, exactly as presented in your textbook. Remember the exact dates, the five types of writs, the hierarchy of courts, and the specific powers of the Supreme Court, High Court, and subordinate courts. These are crucial for your examinations.
Thank you for listening! Keep revising and practicing. Goodbye! [CHAPTER_COMPLETE]