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Hello dear learners, we are here to talk about judiciary in this blog.

The judiciary is the third organ of the government apart from legislative and executive organs. India has a unified system of judiciary enforcing both state as well as central laws unlike the United States where the Federal Judiciary enforces federal laws and State judiciary enforces State laws.

<h2 id="content-id-0">Qualifications for Judge of the Supreme Court</h2>

Every Judge of the Supreme Court is appointed by the President in consultation with the Chief Justice of India and four seniors most judges of the supreme court and shall hold office until he attains the age of 65 years. The Qualifications for appointment are:

<ol>
	<li>He should be a citizen of India</li>
	<li>He should have served as the judge of a High Court for 5 years (or High Courts in succession) or, He should have served as advocate in a High Court for 10 years (or High Courts in succession) or, He should be a distinguished jurist in the eyes of the President</li>
</ol>

Thus, note that there is no minimum age prescribed in the constitution for appointment as a Supreme Court judge. The senior most judge of the Supreme Court is appointed as the Chief Justice.

<h2 id="content-id-1">Qualifications for Judge of the High court</h2>

The judges of a high court are appointed by the President. The Chief Justice of a High Court is appointed by the President after consultation with the chief justice of India, two seniors most judges of the Supreme Court and Governor of the state concerned. For appointment of other judges, the Chief Justice of the concerned High Court is also Consulted. The Qualifications are:

<ol>
	<li>He should be a citizen of India.</li>
	<li> A) He should have held a judicial office in the territory of India for ten years; or B) He should have been an advocate of a high court (or high courts in succession) for ten years.</li>
</ol>

Here too, like in the Supreme Court’s judges’ case, there is no minimum age prescribed in the constitution for appointment as a High Court Judge.

Removal: The judges of Supreme and High Courts are removed in the same manner on grounds of proved misbehaviour or incapacity. A judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by 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 of that House present and voting.

<h2 id="content-id-2">Writs</h2>

The Supreme Court or High Courts issue writs so as to enforce the fundamental rights. In this sense the Supreme Court does not have exclusive jurisdiction as even High Courts are empowered to issue writs. Also, the Supreme Court can issue writs to enforce fundamental rights only whereas High Courts can issue both for fundamental or otherwise i.e. even in case of violation of legal rights. There are five types of writs that are issued by courts.

<h2 id="content-id-3">1) Habeas Corpus</h2>

The literal meaning of Habeas Corpus is "to have the body of". Through Habeas Corpus, the Supreme Court/High Court orders one person who has arrested another person to bring the body of the latter before the court.

Facts about Habeas Corpus in India:

<ul>
	<li>The Supreme Court or High Court can issue this writ against both private and public authorities.</li>
	<li>Habeas Corpus cannot be issued in the following cases:</li>
	<li>When detention is lawful</li>
	<li>When the proceeding is for contempt of a legislature or a court</li>
	<li>Detention is by a competent court. Detention is outside the jurisdiction of the court</li>
</ul>

<h2 id="content-id-4">2) Mandamus</h2>

The literal meaning of this writ is ‘We command.’ This writ is used by the court to order the public official who has failed to perform his duty or refused to do his duty, to resume his work. Besides public officials, Mandamus can be issued against any public body, a corporation, an inferior court, a tribunal, or government for the same purpose.

Facts about Mandamus in India:

Unlike Habeas Corpus, Mandamus cannot be issued against a private individual. Mandamus cannot be issued in the following cases:

<ul>
	<li>To enforce departmental instruction that does not possess statutory force. </li>
	<li>To order someone to work when the kind of work is discretionary and not mandatory.</li>
	<li>To enforce a contractual obligation.</li>
	<li>Mandamus can’t be issued against the Indian President or State Governors.</li>
	<li>Against the Chief Justice of a High Court acting in a judicial capacity.</li>
</ul>

<h2 id="content-id-5">3) Prohibition</h2>

The literal meaning of ‘Prohibition’ is ‘To forbid.’ A court that is higher in position issues a Prohibition writ against a court that is lower in position to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. It directs inactivity.

Facts about Prohibition in India:

<ul>
	<li>Writ of Prohibition can only be issued against judicial and quasi-judicial authorities.</li>
	<li>It can’t be issued against administrative authorities, legislative bodies and private individuals or bodies.</li>
</ul>

<h2 id="content-id-6">4) Certiorari</h2>

This writ is issued by a court higher in authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case. It is issued on the grounds of an excess of jurisdiction or lack of jurisdiction or error of law. It not only prevents but also cures for the mistakes in the judiciary. It also cannot be issued against legislative bodies or private individuals or bodies.

<h2 id="content-id-7">5) Quo-Warranto</h2>

Supreme Court or High Court issue this writ to prevent illegal usurpation of a public office by a person. Through this writ, the court enquiries into the legality of a claim of a person to a public office.

Facts about Quo-Warranto in India:

<ul>
	<li>Quo-Warranto can be issued only when the substantive public office of a permanent character created by a statute or by the Constitution is involved.</li>
	<li>It can’t be issued against private or ministerial offices.</li>
</ul>

Hope youn learned well. Stay connected with us for more.

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