Indian Judiciary System- Download Social Studies – Political Based Notes Free PDF

Social Science Notes For CTET

Social Studies is an important section for CTET, MPTET, State TET, and other teaching exams as well. Social studies is the main subject in the CTET exam Paper II. In CTET Exam, the Social Studies section comprises a total 60 questions of 60 marks, in which 40 questions come from the content section i.e.History, Geography and Political Science and the rest 20 questions from Social Studies Pedagogy section.

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At least 10-15 questions are asked from the Political Science section in the CTET Social studies section. Here we are providing important Notes related to the Indian Judiciary System .

Indian Judiciary System

The Supreme Court

  • Article 124 of the Constitution has the provision of establishment and constitution of Supreme Court.
  • There are currently 32 judges (including the Chief Justice of India) and maximum possible strength is 34.
  • The proceedings of the Supreme Court are conducted in English language.
  • Supreme Court Rules, 2013 replacing the 1966 Rules, have been framed under Article 145 of the constitution to regulate the practice and procedure of the Supreme Court.
  • Every Judge of the Supreme Court after consulting the Chief Justice of the Supreme Court, is appointed by the President of India. (Art 124 (1 & 2))
  • In appointment of the Chief Justice of India, President can consult such Judges of the Supreme Court and the High Court as he thinks appropriate.

Qualifications of a Supreme Court Judge:

  • a citizen of India
  • has been a High Court Judge for at least 5 years
  • has been an Advocate of a High Court, or two or more courts in succession for at least 10 years (Art. 124(3)).
  • No minimum age or fixed period of office is prescribed for appointment as a Judge of the Supreme Court.

A Judge of Supreme Court ceases to be so, on:

  • Attaining the age of 65 years;
  • Resigning in writing addressed to the President;
  • On being removed by the President.
  • The only grounds for such removal are proved misbehaviour and incapacity (Ref.: Art. 124(4)).

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Procedure for removal or impeachment of a Supreme Court Judge:

  • A motion addressed to the President signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha is delivered to the Speaker or the Chairman.
  • The motion is investigated by a Committee of 3 (2 Judges of the Supreme Court and a distinguished Jurist).
  • If the Committee finds the Judge guilty, report of Committee is considered in the House where the Motion is pending.
  • If the motion is passed in each House by majority of the total membership of the House and by a majority of not less than two-thirds of the members present.
  • The Judge is removed after the President gives his order for removal on such address.
  • After retirement a Judge of the Supreme Court cannot plead or act in any Court or before any authority within the territory of India (Ref.: Art. 124(7)).

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Jurisdiction of the Supreme Court is three-fold:

  1. Original
  2. Appellate
  3. Advisory. Disputes between different States of the Union or between Union and any state is within exclusive Original jurisdiction of the Supreme Court (Ref.: Art. 131)
  • The Supreme Court is the highest court of India.
  • Supreme Court is the highest authority for interpretation of the Constitution.
  • Supreme Court may hear appeals by granting special leave against any kind of judgement or order made by any court or tribunal (except a military tribunal).
  • Under advisory jurisdiction, Supreme Court can give its opinion on any matter of law or fact of public importance referred to it by the President. (Ref.: Art. 143).

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The High Court

  • The High Court is the head of the Judiciary in the State.
  • There are 25 High Courts in India.
  • Six High Courts (Allahabad, Bombay, Gauhati, Madhya Pradesh, Madras and Rajasthan) have 11 Permanent Benches amongst themselves.
  • Only Karnataka High Court has two circuit Benches at Dharwad and Gulbarga.
  • High Court Judge is appointed by the President. President can consult the Chief Justice of India, the Governor of the State and also the Chief Justice of that High Court.
  • The Judge of the High Courts in India is administered oath of office by the Governor of the State or some person appointed by him for the purpose.
  • High Court judge’s retirement age is 62 years.
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High Court Judge can leave his office:

  • By giving resignation to the President in written form.
  • By appointed as a Judge of the Supreme Court or being transferred to any other High Court by the President.
  • By removal by the President.
  • High Court judge’s removal structure is same as that of a Judge of the Supreme Court.

Qualifications of a High Court Judge:

  • Be a citizen of India.
  • Not above 62 years of age.
  • Must have 10 years’ experience in judicial office in India or as advocate of a High Court, or of two or more such courts in succession in India.
  • Salaries and allowances of the High Court Judges are charged on the Consolidated Fund of the State [(Art. 202(3) (d)].
  • After retirement a permanent Judge of High Court cannot plead or act in a Court or before any authority in India, except the Supreme Court and a High Court in which he has not worked.

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