Research on The Supreme Court of India

Supreme Court of India thesis

Research on the Supreme Court of India

There is a huge economic and trade relationship between India and China, and it is an important country along the “Belt and Road” and one of the “BRIC countries”. From a geopolitical perspective, a comprehensive understanding of India is of great significance to us. As a former British colony, India is deeply influenced by the so-called concept of the rule of justice. Its Supreme Court shoulders major governance responsibilities for the world’s second most populous country, and has a greater influence in the Common Law system.

 

On January 28, 1950, the day after India got rid of British colonial rule and became a republic, the Supreme Court of India was established and replaced the Judicial Committee of the Privy Council of the United Kingdom, the highest judicial institution in India during the colonial period.

According to the Constitution of India, the Supreme Court is the highest judicial institution in India and has the final power to review constitutional violations.

 Its fundamental responsibility is to protect the basic rights of citizens and to hear disputes between the federal government and local governments and between state governments in India. In order to achieve judicial justice, the Supreme Court of India has the power to issue various orders.

 

What is the Jurisdiction of the Supreme Court of India?

The jurisdiction of the Supreme Court of India is mainly divided into three categories: Original jurisdiction, appeal jurisdiction and consultative jurisdiction.

 

The Supreme Court of India has exclusive jurisdiction over any disputes between the federal government and local state governments, as long as the relevant facts or legal issues involve the existence or scope of a legal right.

The Supreme Court of India has extensive original jurisdiction over cases involving the enforcement of the basic rights of citizens, including the issuance of habeas corpus, performance of liability orders, prohibition orders, rights investigation orders, transfer orders, etc. to protect the basic rights of citizens.

 The Supreme Court of India has the power to transfer any civil or criminal case from the high court of one local state to the high court of another state for trial, or to order a lower court to transfer the case to a higher court for trial.

If the Supreme Court considers that the relevant cases before the High Court and the cases before it involve the same or similar legal issues or that similar cases heard by two or more high courts have significant influence, it may order the relevant High Court to cancel the relevant case and transfer it to the Supreme Court. The court arraigned.

 

What is the Supreme Court of India and its front sculpture?

According to the Constitution, the appeal jurisdiction of the Supreme Court of India is activated in two ways. One is that the local state high court grants the parties permission to appeal in accordance with Articles 132(1), 133(1), and 134 of the Constitution of India on judgments, rulings, and final orders in criminal or civil cases involving major legal issues or constitutional interpretations.

In civil cases, if the High Court considers that the case involves a major legal issue and the Supreme Court needs to make a ruling, it will also grant permission to appeal.

 

 In criminal cases, the High Court will grant permission to appeal in the following three situations:

1. The High Court overturns the previous innocence verdict and sentenced the defendant to death, life imprisonment, or more than ten years in prison in the appeal hearing.

 2. The court had made a withdrawal decision during the appeal trial, and later sentenced the defendant to death, life imprisonment or more than ten years in prison.

 3. The High Court considered that the case is suitable for trial by the Supreme Court. Second, in accordance with Article 136 of the Constitution of India, upon application by the appellant, the Supreme Court has the right to grant special permission to appeal against any judgment, ruling and order made by the lower court, and then to appeal the case.

 

The Constitution of India

According to Article 143 of the Constitution of India, the Supreme Court has the right to advise on matters submitted by the President of India.

 

In addition, any individual or group can apply to the Supreme Court on issues involving major public interests and seek a ruling from the Supreme Court, the so-called “public interest litigation.” According to Article 137 of the Constitution of India, the Supreme Court has the power to review and change its previous rulings and orders.

Although India is a multi-ethnic country, the Supreme Court only allows the use of English as the language of proceedings.

 

What is the Staff Composition of the Apex Court of India?

The Chief Justice of India is the head and chief judge of the Indian Supreme Court. The chief justice is no how superior to his colleagues or other judges and vice versa.

The court consists of a maximum of 34 judges. It has extensive powers in the form of original, appellate and advisory jurisdictions.

It is regardable as the most powerful public institution in India.

 

 

Seal of the Supreme Court of India

At the beginning of its establishment in 1950, the Supreme Court of India consisted of 1 Chief Justice and 7 accompanying justices.

In 1956, it was increased to 1 chief justice and 10 court justices. The number of patrons of the Supreme Court has continued to increase over the past half century.

 By 2009, the number of judicial officers in the Supreme Court increased to 1 Chief Justice and 30 accompanying justices.

Currently, the Supreme Court of India is composed of 1 Chief Justice and 24 Court Justices.

The current Chief Justice Mithra will retire on October 2, 2018; there is one female justice, Mrs. Banumati, who was appointed to the Supreme Court in 2014.

The Supreme Court judges are appointed by the President of India, and the legal retirement age is 65. The conditions for becoming a judge of the Supreme Court are:

1. An Indian citizen

2. Having served as a judge in a high court or multiple high courts for no less than five years; Less than ten years, or recognized by the president as an outstanding legal expert.

Judges of the High Court can be appointed as interim judges of the Supreme Court, and retired Supreme Court and High Court judges can also be appointed as interim judges of the Supreme Court.

 

Do Judges of the Supreme Court enjoy job security?

Only when the president speaks in both houses of parliament for impeachment and is supported by a majority of all members of the two houses, and is approved by a majority of not less than two-thirds of the voting members present, the president can order his removal from office.

The Supreme Court generally consists of a collegial panel composed of two to three judges to hear cases. When the case is complicated or the dispute is large, a collegial panel is composed of five or more judges.

Bobde, the current Chief Justice of the Supreme Court of India

 

Former Chief Justice Dipak Misra

The Supreme Court has a case registry, composed of a secretary-general and six judicial registrars, and is responsible for ancillary matters such as case registration and acceptance.

In addition, the Supreme Court also has a number of additional registrars, deputy registrars, and assistant registrars responsible for judicial auxiliary matters. The Supreme Court is also equipped with various staff such as bailiffs, court assistants, stenographers, and telegraphers.

As of December 15, 2017, there were 2,027 judicial assistance and administrative security staff of the Supreme Court of India.

 

Mrs. Banumati, Justice of the Supreme Court of India

 

R. Banumathi

According to official statistics, as of November 1, 2017, there were 55,259 outstanding cases in the Supreme Court of India. Judging from the number of legal officials, the Supreme Court of India has only 31 judges, and the pressure to close the case is huge.

In fact, as the second most populous country in the world, as of the end of 2015, India’s judge-to-population ratio was 18 judges per 1 million people, much lower than the United States, the United Kingdom, Australia, and China. Therefore, the Indian courts are faced with the contradiction of many cases with few people and delay in litigation.

 

What are the Qualifications for the Supreme Court?

The Supreme Court of India believes that it is inseparable from the cooperation of an outstanding team of lawyers to effectively perform the duties entrusted to it by the Constitution.

The Advocate Act of 1961 stipulates that India adopts a single lawyer system, collectively referred to as Advocate. Establish the National Bar Association and State Bar Associations.

The Law Society is responsible for the education and training of lawyers, safeguarding the legal rights of lawyers, and granting the qualifications of advocates. However, not all advocates are qualified to appear in the Supreme Court.

According to the 2013 Supreme Court Rules, only three types of advocates have the right to appear in the Supreme Court. The first category is “senior advocates”.

The Rules of the Supreme Court stipulate that if the Chief Justice and the accompanying judges agree that an advocate has superb professionalism or outstanding legal experience and knowledge, they may be selected as a senior advocate after obtaining their consent.

In addition, the retired chief judge and attendant judge of the High Court will also be granted senior advocate qualifications if they return to the legal profession. To this end, the Supreme Court has specially established a “Senior Advocate Selection Committee” responsible for setting selection criteria.

 However, the Supreme Court judges are not allowed to practice as lawyers after their retirement. The second category is “registered advocates”.

An advocate must pass the “Examination of Registered Advocates” organized by the Supreme Court before he can be registered as a registered advocate, and then he can represent the litigant to sue and respond to the Supreme Court.

 The examination is organized by the Examination Committee under the Supreme Court, and the director of the examination committee is appointed by the Chief Justice.

The examination rules are clear that an advocate must receive one year’s continuous training of a registered advocate with more than ten years of experience as a registered advocate after obtaining the qualifications of an advocate before being eligible to participate in the registered advocate People exam.

The third category is ordinary advocates specially hired by registered advocates. They can accept the entrusted agent of the registered advocate to appear in the Supreme Court.

 Although India has not adopted the dual structure of British lawyers, it has established a relatively objective and fair classification system for advocates.

 This classification system of lawyers ensures that the advocates attending the Supreme Court trial must be the best group of lawyers.

 

Legal aid and mediation with the Highest Court of India

The Supreme Court has set up a “Legal Services Committee” with the purpose of providing free legal aid services to the poor and vulnerable groups.

The committee is chaired by an incumbent Supreme Court justice and nine members appointed by the chief justice, and a secretary is responsible for daily work.

According to India’s “Legal Service Agency Act” of 1987, those who meet one of the following conditions can apply for free legal aid from the Supreme Court:

1. Members of specific castes or tribes

2. Victims of human trafficking

3. Women or children

4. Persons with disabilities who meet the definition of the Disabled Persons Act

5. Victims of major disasters

6. Diligent workers

 7. Persons under the supervision of a prostitution institution, illegal juvenile correction institution or mental hospital.

8. Annual income is lower than Party of 12,000 rupees. The Supreme Court will appoint free senior or registered advocates for eligible persons.

 

The Supreme Court also has a “Middle-income Group Legal Aid Association.” The so-called middle-income people refer to citizens whose monthly income does not exceed 60,000 rupees or whose annual income does not exceed 750,000 rupees.

The president of the association is appointed by the chief justice of an incumbent justice of the Supreme Court, the vice president is the attorney general of India, and ten members are responsible for the daily operation of the association.

After the parties apply to the association and submit the corresponding supporting materials, the association allows the parties to select three advocates from the group of registered advocates in order, and the association will finally designate one person to serve for the parties.

The various service fees charged by the advocates are regulated and publicized by the Supreme Court, which is far below the market price.

 

In August 2009, the Supreme Court of India established the “Supreme Court Mediation Center”. The center hires experienced third-party lawyers and mediators to use professional and neutral communication and negotiation skills to resolve conflicts between the parties.

The center also has a coordinator who specializes in providing consultation and other services to parties seeking mediation. Since its establishment, the Mediation Center has settled 696 cases commissioned by the Supreme Court.

 

What is the situation on the Use of Information Technology in Judicial Courts?

In 2017, the Supreme Court of India established a new generation of “Integrated Case Management Information System”.

This system enables judges, lawyers and clients to obtain a variety of information services, making the Supreme Court one step closer to the goal of a “paperless” court.

Through this system, case status, registry reports, court orders, notification memos, and judgment documents can all be inquired on the website in real time.

At the same time, the system provides online payment of litigation fees, e-mail and mobile phone SMS communication functions for individual cases, optimized court scheduling and digital court order issuing functions.

For internal staff, the system integrates various fine templates of notices, warrants and letters, which greatly improves the efficiency of the court. The high courts of some local states have also successively connected to the Supreme Court’s comprehensive case management information system, which has further improved the efficiency of judicial work.

From May 10, 2017, the Supreme Court of India began to scan all newly filed cases for digital processing. Judges can easily read electronic case files during court hearings, which greatly reduces the burden of transporting and flipping through paper case files.

 

A Glimpse of Judicial Precedents in 2016-17

In a judgment on August 24, 2017, the Supreme Court of India held that personal privacy stems from the protection of citizens’ personal safety and freedom under Article 21 of the Indian Constitution.

 The right to privacy allows citizens to maintain autonomy and recognize the individual’s ability to control important aspects of their lives. Privacy protection and recognition of cultural diversity.

 The Supreme Court emphasized that the right to privacy is not an absolute right. A law can regulate the right to privacy within the scope permitted by the constitution.

 

In a judgment on August 22, 2017, the majority opinion of the Supreme Court of India held that it was arbitrary and unreasonable for a Muslim husband to unilaterally announce the dissolution of the marriage by saying three sentences “Taragar” to his wife on the same occasion. Responsible, it does not comply with the protection of citizens’ basic rights under Article 14 of the Indian Constitution.

 Individual judges believed that the husband’s unilateral declaration of dissolution of the marriage by saying three sentences “Talrag” to his wife on the same occasion was inconsistent with the teachings of the Quran and would definitely not conform to Islamic law.

 

On May 5, 2017, the Supreme Court of India dismissed the four defendants’ appeals against the death sentences for rape and murder. When describing this crime, the Supreme Court used the term “shocked frenzy” to describe its abominable nature and severity, and condemned the four criminals for being full of “best in nature.” The case sounded “like a story from a world where humanity was destroyed.” .

  

In a ruling on December 15, 2016, the Supreme Court of India ordered the closure of all alcohol sales agencies within 500 meters of national highways and state-level highways to improve road safety and reduce drunk driving.

The Supreme Court also asked relevant departments to reduce the approval of liquor sales licenses.

 

On December 14, 2016, in the face of a public interest lawsuit aimed at warning the existence of drug and alcohol abuse among Indian children, the Supreme Court of India ordered the Indian Federal Government to investigate and collect nationwide data for nearly six months.

Within four months Formulate and implement national comprehensive response measures, and include relevant educational content in school textbooks.

 

In an order on November 16, 2016, the Supreme Court of India required search engines such as Microsoft and Google to implement “automatic blocking” technology for advertisements for prenatal gender testing to eliminate keyword searches for prenatal gender testing, and The federal government is required to publicize the court order nationwide.

 

Conclusion

In a judgment on October 26, 2016, the Supreme Court of India held that equal work should be paid the same, and that temporary employees of government agencies who perform the same work as regular civil servants are entitled to the same minimum wage as regular civil servants.

 

 

Author’s Bio

Name: Ajay Rastogi

Educational Qualification: LLB

Profession: Advocate / Lawyer

Work Experience: 20 Years of Legal Practice

Profile Link: https://lawjc.com/members/advajayrastogi/

 

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