History & Civics

The Supreme Court is the apex court in the entire judicial set up in India. In this context answer the following questions:

(a) What is meant by the term Single Integrated Judicial System?

(b) Mention three kinds of cases which come under appellate jurisdiction of the Supreme Court.

(c) Mention the types of cases that come under Original jurisdiction.

Supreme Court

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Answer

(a) Under our Constitution the judiciary is a single integrated system of courts for the Union and the states with the Supreme Court at the apex. By the single integrated system we mean-

  1. The Supreme Court is the head of the entire system and not only supervises but also exercises control over the functioning of other courts.
  2. There are no separate sets of laws and a single civil and criminal system operates throughout the country.
  3. All cases coming from the Lower Courts can be taken to the High Court and ultimately to the Supreme Court, by way of appeal.

Below the Supreme Court stand the High Courts of different States and under each High Court there is a hierarchy of other subordinate courts.

(b) Three kinds of cases which come under appellate jurisdiction of the Supreme Court are:

  1. Constitutional Cases — All matters irrespective of the nature, where a certificate is issued by a High Court that it involves an important point of law and needs interpretation of the Constitution, can be brought before the Supreme Court. If the High Court refuses to give a certificate on such a case the Supreme Court can grant special leave of appeal.
  2. Civil cases — Appeals in civil matters lie to the Supreme Court, if the High Court certifies:
    1. that the case involves a substantial question of law of general importance, and
    2. that the question needs to be decided by the Supreme Court
  3. Criminal Cases — Two types of appeals in criminal cases lie in the Supreme Court.
    1. Cases with the certificate of the High Court
    2. Cases without the certificate of the High Court. The certificate of the High Court is not required in a case:
      1. Where the High Court has reversed the judgement of acquittal given by the Lower Court and punished the accused with a death sentence.
      2. A case which is withdrawn by the High Court from a Subordinate Court and sentenced the accused to death.

(c) The types of cases that come under Original jurisdiction of Supreme Court are as follows:

  1. Centre-State or Inter-State Disputes — The Supreme Court has been given exclusive original jurisdiction in any dispute:
    1. between Government of India and one or more States
    2. between Government of India and any State or States on one side and one or more States on the other
    3. between two or more States
  2. Protection of Fundamental Rights — The original jurisdiction also extends to cases of violation of the Fundamental Rights of individuals and the court can issue several writs for the enforcement of these rights.
  3. Transfer of Cases from Lower Courts — The Supreme Court may transfer to itself cases from one or more High Courts, if these involve questions of law or cases are of great importance. The Supreme Court may transfer cases from one High Court to another in the interest of Justice.
  4. Interpretation of Constitution — All cases where interpretation of the Constitution is required can be directly filed in the Supreme Court. The Supreme Court has the power of exclusive jurisdiction in regard to questions as to Constitutional validity of central laws.

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