Malcolm Rivera
The Indian Constitution is the supreme legal authority that binds the legislative, executive, and judicial organs of government. The Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislation or government actions that violate the Constitution. The independence of the judiciary is part of the basic structure of the Indian Constitution. The Supreme Court of India is at the top of the pyramidal structure of the judiciary, followed by the High Courts in each State or group of States. The jurisdiction and composition of the Supreme Court are mentioned in detail in Articles 124 to 147 of Chapter 4 under Part V of the Indian Constitution.
| Characteristics | Values |
|---|---|
| Article | III |
| Judicial Power | Extended to all cases, in law and equity, arising under the Constitution, the laws of the United States, and treaties made or to be made under their authority |
| Jurisdiction | The Supreme Court has original jurisdiction over certain cases, e.g. suits between two or more states and/or cases involving ambassadors and other public ministers |
| Appellate Jurisdiction | The Supreme Court has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law |
| Judicial Review | The Supreme Court has the power to declare a Legislative or Executive act in violation of the Constitution |
| Justices | There is one Chief Justice and eight Associate Justices of the United States Supreme Court |
| Terms | Justices typically hold office for life, and their salaries cannot be decreased during their term of office |
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What You'll Learn
The Supreme Court
The Constitution provides for the independence of the judiciary and the Supreme Court's Judges. A Supreme Court Judge cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members present and voting. The grounds for such removal are proved misbehaviour or incapacity.
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Federal Judiciary
Article III of the US Constitution establishes the federal judiciary as one of the three separate and distinct branches of the federal government. The other two branches are the legislative and executive branches. The three branches operate within a constitutional system of "checks and balances", which means that while each branch is formally separate from the other two, they are also required to cooperate.
Article III, Section I states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This means that while the Constitution establishes the Supreme Court, it also gives Congress the power to decide how to organise it and to create inferior courts as needed. Congress first exercised this power in the Judiciary Act of 1789, which established the structure and jurisdiction of the federal judiciary. This included the creation of the Supreme Court with six justices, thirteen district courts, and three circuit courts.
The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. The Court also has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.
The federal judiciary also includes 94 district courts and 12 regional Courts of Appeals. The district courts, also known as trial courts, resolve disputes by determining the facts and applying the law to those facts. The Courts of Appeals, also known as appellate courts, are tasked with determining whether the law was applied correctly in the lower courts.
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Jurisdiction
The Indian Constitution establishes India as a 'Sovereign Socialist Secular Democratic Republic' with a parliamentary form of government. The Constitution is the supreme legal authority and is the source of legal authority for the legislative, executive, and judicial organs of government. The judiciary in India has a pyramidal structure, with the Supreme Court at the top, High Courts below that, and district and subordinate courts at the bottom. The lower courts function under the direct superintendence of the higher courts.
The Indian Constitution provides for a number of provisions that ensure the independence of the judiciary is maintained and protected. The Constitution also grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislation or government actions that violate the Constitution. This is called 'judicial review' and has the merit of guaranteeing the fundamental rights of individuals and ensuring a balance between the union and the units in a federal state.
The Supreme Court's jurisdiction and composition are mentioned in Articles 124 to 147 of Part V of the Indian Constitution. The law declared by the Supreme Court is binding on all courts within the territory of India (Article 141). The Supreme Court can strike down provisions or amendments of the Indian Constitution if it feels that they are unconstitutional or alter the basic structure of the Constitution. However, to remove these provisions from the Constitution, Parliament must present a Constitution Amendment bill.
The Supreme Court also has advisory and administrative functions. It can give its advisory opinions on constitutional questions in the absence of disputes when the executive so desires. The Supreme Court may also grant certain licenses, administer the estates of deceased persons, appoint receivers, register marriages, and appoint guardians of minor children.
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Judicial Power
The concept of judicial power is integral to the functioning of a nation's legal system and is often enshrined in its constitution. In the United States, for instance, the Constitution outlines the structure and powers of the federal judiciary in Article III. This article establishes the
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Congress and the Judiciary
Article III of the US Constitution establishes the judiciary as one of the three distinct branches of the federal government, alongside the legislative and executive branches. This system of "checks and balances" ensures that each branch has its own roles and areas of authority, with the judiciary responsible for safeguarding the constitutional rights and liberties of citizens.
The House Judiciary Committee, also known as the "lawyer for the House of Representatives," has jurisdiction over matters relating to the administration of justice in federal courts, administrative bodies, and law enforcement agencies. This includes civil and criminal judicial proceedings, federal courts and judges, and issues such as bankruptcy, espionage, terrorism, civil liberties, constitutional amendments, immigration, and more.
The Committee plays an important role in impeachment proceedings and legislative issues. One of its key goals is to improve the early identification of legislative issues and enhance communication with Congress on matters of justice administration. This involves implementing effective approaches, including partnerships with legal, academic, and private sector organizations, to achieve legislative goals.
To foster mutual understanding and respect, judges are encouraged to engage with members of their local congressional delegation. The judiciary's relationship with Congress is critical to securing adequate resources and maintaining autonomy in governance, management, and decision-making. Effective communication between the two branches helps strengthen the judiciary's role as an equal branch of government while improving the administration of justice.
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Frequently asked questions
Article III of the US Constitution establishes the federal judiciary.
Article III, Section I states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
The Judiciary Act of 1789 created a Supreme Court with six justices and established the lower federal court system.
The Supreme Court plays a crucial role in ensuring that each branch of government recognizes its limits. It also protects civil rights and liberties by striking down laws that violate the Constitution.
