Judiciary of India
There are various levels of judiciary in India – different types of courts, each with varying
powers depending on the tier and jurisdiction bestowed upon them. They form a strict hierarchy
of importance, in line with the order of the courts in which they sit, with the Supreme Court of
India at the top, followed by High Courts of respective states with district judges sitting
in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the
bottom. Courts hear criminal and civil cases, including disputes between individuals and the
government. The Indian judiciary is independent of the executive and legislative branches of
government according to the Constitution.
CourtsSupreme Court of India
On 26 January 1950, the day India’s constitution came into force, the Supreme Court
of India was formed in Delhi.
The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and
7 puisne Judges – leaving it to Parliament to increase this number. In the early years,
all the Judges of the Supreme Court sit together to hear the cases presented before
them. As the work of the Court increased and arrears of cases began to accumulate,
Parliament increased the number of Judges from 8 in 1950 to 11 in 1956, 14 in 1960,
18 in 1978 and 26 in 1986. As the number of the Judges has increased, they sit in
smaller Benches of two and three – coming together in larger Benches of 5 and more
only when required to do so or to settle a difference of opinion or controversy.
The Supreme Court of India comprises the Chief Justice and 30 other Judges
appointed by the President of India, as the sanctioned full strength. Supreme Court
Judges retire upon attaining the age of 65 years. In order to be appointed as a Judge of
the Supreme Court, a person must be a citizen of India and must have been, for at
least five years, a Judge of a high court or of two or more such Courts in succession,
or an advocate of a high court or of two or more such Courts in succession for at least
10 years or he must be, in the opinion of the president, a distinguished jurist.
Provisions exist for the appointment of a Judge of a high court as an ad hoc judge of
the Supreme Court and for retired judges of the Supreme Court or High Courts to sit
and act as Judges of that Court.
The Constitution seeks to ensure the independence of Supreme Court Judges in
various ways. A judge of the Supreme Court cannot be removed from office except by
an order of the president passed after an address in each House of Parliamen