1. Single integrated system of judiciary unlike the US where it has double system of courts.
  2. This single system was adopted from the Government of India Act 1935 and enforces both Central laws and State laws.
    1. In US however, Federal laws are enforced by federal judiciary and state law by state judiciary.



Supreme Court of India

  • History:
  • in 1950 and replaced the Federal Court
  • However, has larger jurisdiction than its predecessor as it the SC replaced the British Privy Council as the highest court of appeal.
  • Parliament has all the powers to regulate the constitutional organization, jurisdiction and powers of the Supreme court.
    • However, notice that the Parliament does not have the power to “CURTAIL” the jurisdiction of the SC (Article 138).
    • It can only “further” the jurisdiction of the courts and not limit or reduce it.
  • Supreme Court consists of maximum 31 judges, including the Chief Justice of India
  • CJI has the power to appoint any retired judges of the SC and also qualified judges of the High Court as ad hoc judge of the SC for a temporary period if there is a lack of quorum of the permanent Judges. (from previous consent of the president and also from the permission of the concerned High Court chief Justice)
  • The Collegium
    • Therefore, so far, the collegium system was used where the CJI would consult the other 4 senior most judges from the Supreme Court on appointment of new judges in the SC
    • Their views are obtained in writing
    • Additionally, views of senior most Judges of the Supreme Court, who hail from high courts where the persons to be recommended are functioning as Judges, if not part of the collegium, must also be obtained in writing.
    • These are conveyed by the CJI to the Government of India.
    • The substance of the views of the others consulted by the CJI or on his behalf, particularly those of non-Judges (Members of the Bar) should be stated in memorandum and be conveyed to the Govt. of India.
    • The decisions should be taken on consensus only. If CJI dissents, no one shall be appointed. If two or more members dissent, CJI shall not persist with the recommendation
    • In case of non-appointment by the Government of a person nominated, the collegium shall consider whether such recommendation shall be withdrawn or reiterated. If it’s unanimously reiterated, such appointment must be made.
    • However, recently, the NJAC Bill has been passed, and as soon as the rules and guidelines are issued, the new commission shall appoint the judges to Supreme Court.