Introduction
According to the Indian Constitution, there are two courts: the
Supreme Court and the High Court. The highest court in India and the final court of appeal is the Supreme Court. The High Court is the supreme court of the state or union territory.
Supreme Court
• As its name implies, India's Supreme Court, which has its headquarters in New Delhi, is the country's highest court.
• The Supreme Court will hold its sessions in Delhi or anywhere the Chief Justice of India, with the President's consent, may from time to time designate.
• It is the highest court of redress and the final court of appeal under the Indian Constitution.
• It has more authority than the High Court of a state.
• All Indian courts and tribunals must abide by the laws and orders of the Supreme Court.
• There can be a maximum of 31 judges on the Supreme Court, including one chief justice and 30 other justices.
• All judges of India's Supreme Court are chosen by the country's president based on predefined standards.
High Court
• The High Court is the highest court of a state or union territory.
• A single state, a union territory, or occasionally two or more states or union territories are the extent of its jurisdiction.
• It has the authority to issue writs, orders, and directories in addition to having appellate and original jurisdiction.
• A high court is made up of numerous justices, including a chief justice, who are all chosen by the president of India after consultation with the chief justice of India and the governor of the state.
• The decisions of Indian high courts, including those of lesser courts outside of their purview, are not enforceable.
Difference Between Supreme Court And High Court
Supreme court
|
|
High court
|
- The Supreme Court, which is led by the Chief Justice of India, is the country's highest court of justice.
|
|
- The High Court is the highest level of judicial authority in a state's administration. The Chief Justice of the State is in charge of it.
|
- All of the country's legal courts and tribunals are supervised by the Supreme Court.
|
|
- The High Court is in supervision of all courts that fall under its jurisdiction.
|
- Article 124 to 147 in part five of the constitution deal with the organization, independence, jurisdiction, powers, procedures and so on.
|
|
- Article 214 to 231 of part six of the constitution deals with the organization, independence, jurisdiction, powers, procedures and so on.
|
- According to the Indian Constitution, every Supreme Court Judge must be appointed by the President through a warrant signed by him and sealed after consultation with the Supreme Court and High Court as he deems necessary.
|
|
- The President, in consultation with the Chief Justice of India and the Governor of the state, appoints the judges of the High Court.
|
- A Supreme Court judge retires at the age of 65
|
|
- A high Court judge retires at the age of 62
|
Qualifications of supreme court judge
- He should be a citizen of India.
- He should have been a judge of a high court for 5 years, he should be an advocate of a high court for 10 years, he should be a distinguished jurist in the opinion of the president
|
|
Qualifications of a high court judge
- He should be a citizen of India.
- He should have held a judicial office in the territory of India for ten years or he should have been an advocate of high court for 10 years
|
- The Supreme Court judges are not able to be promoted or transferred.
|
|
- Judges from the High Courts can be transferred to other high courts. They can advance to the position of Supreme Court Judge.
|
- After retirement, Supreme Court judges are unable to practice. During their tenure, they are also restricted.
|
|
- A High Court judge cannot practice during his or her tenure, but they can do so after the tenure in any High Court or Supreme Court.
- He is unable to practice law in courts lower than the High Court.
|
- The Supreme Court of India is now made up of 31 judges (Including the Chief Justice and 30 other judges).
- The Supreme Court (Number of Judges) has made provisions for the appointment of four more judges.
- It grew from 31 to 34 members, including the Chief Justice of India.
|
|
- There is a Chief Justice and numerous other judges on each High Court.
- The President of India determines the number of judges to be appointed.
|
- Article 32 is the writ jurisdiction of the supreme court
|
|
- Article 226 of the constitution empowers a high court to issue writs.
|
- The supreme court is empowered to issues writs including habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of the fundamental rights
|
|
- The high court is empowered to issue writs including habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of the fundamental rights and for any ordinary legal rights.
- The writ jurisdiction of high court is wider than supreme court
|
- Judicial review is the power of the Supreme Court to examine the constitutionality of legislative enactments and executive orders of both central and state governments.
|
|
- The 42th amendment act 1978 curtailed the judicial review power of the high court.
- It debarred the high court from considering the constitutional validity of any central law.
- The 43rd amendment act of 1977 restored the original position of judicial review.
|
- The Supreme Court is not bound to follow the High Courts' or any other court's decisions.
|
|
- The Supreme Court's decision is binding on the High Courts.
|
Conclusion
The Supreme Court and the High Court were formed as judicial institutions by the Indian Constitution. The highest court in India and the final court of appeal is the Supreme Court of India. The High Court is the principal court at the state or union territory level. The courts are essential to protecting the constitution and rendering decisions in both civil and criminal cases.