Advertisements
Advertisements
प्रश्न
The Supreme Court is the apex court in the entire judicial set up in India. In this context answer the following questions:
- What is meant by the term Single Integrated Judicial System?
- Mention three kinds of cases which come under appellate jurisdiction of the Supreme Court.
- Mention the types of cases that come under Original jurisdiction.
थोडक्यात उत्तर
उत्तर
- A single integrated judicial system is crucial for the Federal Government due to the constitutional distribution of responsibilities between the Executive, Legislative, and Judiciary. A single judicial system has been implemented nationwide. The Supreme Court of India oversees and monitors the functioning of other courts in the judicial system. A unified civil and criminal system works nationwide, with State High Courts and District Courts below it. All courts follow the same Constitution, civil, and criminal penal codes to decide cases. The High Court handles Appealing District Court decisions, while appeals against High Court decisions can be made with the Supreme Court.
- Three kinds of cases which come under appellate jurisdiction are:
- Constitutional Cases: The Supreme Court can hear situations involving crucial legal points and Constitutional interpretation from High Courts, regardless of their character. If the High Court rejects a certificate, the Supreme Court may grant special leave to appeal.
- Civil Cases: Civil cases can be appealed to the Supreme Court if the High Court certifies:
- When a case poses a significant legal topic of general interest.
- The Supreme Court must decide the question.
If the High Court denies a certificate, the Supreme Court may grant special leave to appeal in certain instances.
- Criminal Cases: Two types of appeals in criminal cases lie in the Supreme Court:
- Cases not having the High Court's certificate.
- Cases having the High Court's certificate.
- Functions of Original Jurisdiction are:
- Centre-State or Inter-State Disputes: The Supreme Court has been given exclusive Original Jurisdiction in any dispute:
- Between the Indian Government and a state or states; or
- Between the Indian government and one or more states, or between the government of India and one or more states; or
- In a state or states.
- Protection of Fundamental Rights: Cases involving individual violations of their fundamental rights fall under the Original Jurisdiction, and the court has the authority to issue multiple Writs to ensure these rights are upheld. Anyone who believes a fundamental right has been violated may file an appeal with the Supreme Court.
- Centre-State or Inter-State Disputes: The Supreme Court has been given exclusive Original Jurisdiction in any dispute:
shaalaa.com
या प्रश्नात किंवा उत्तरात काही त्रुटी आहे का?