diff. between supreme court and the high court in points
Answers
Answer:
The government of India is divided into three branches: Executive, Legislative and Judiciary. The Judiciary is independent of the other two branches, i.e. they cannot interfere in the affairs of the judiciary. Thus, the courts play an important role in protecting the constitution.
The Supreme Court of India (SC of India), is at the top of the judicial hierarchy and the final court of appeal set up by the Indian Constitution.
It followed by the High Court (HC), which is the apex judicial forum at the state and union territory level. One of the major differences between High Court and Supreme Court is that the decision made by the HC, can be reviewed in the SC, but the decision of the SC is final and binding and no further appeals are allowed.
Explanation:
follow me
Answer:
Supreme Court=Supreme Court History
The Federal Court of India was created as per the Government of India Act 1935.
This court settled disputes between provinces and federal states and heard appeals against judgements of the high courts.
After independence, the Federal Court and the Judicial Committee of the Privy Council were replaced by the Supreme Court of India, which came into being in January 1950.
The Constitution of 1950 envisaged a Supreme Court with one Chief Justice and 7 puisne Judges.
The number of SC judges was increased by the Parliament and currently, there are 34 judges including the Chief Justice of India (CJI).
Supreme Court of India – Functions
It takes up appeals against the verdicts of the High Courts, other courts and tribunals.
It settles disputes between various government authorities, between state governments, and between the centre and any state government.
It also hears matters which the President refers to it, in its advisory role.
The SC can also take up cases suo moto (on its own).
The law that SC declares is binding on all the courts in India and on the Union as well as the state governments.
Supreme Court Jurisdiction
The jurisdiction of the SC is of three types:
Original
Appellate
Advisory
For more on the SC’s jurisdiction, click here.
Supreme Court Composition
Including the CJI, there are 34 judges in the Supreme Court.
The judges sit in benches of 2 or 3 (called a Division Bench) or in benches of 5 or more (called a Constitutional Bench) when there are matters of fundamental questions of the law is to be decided.
high court=Powers and Functions of the High Court
The High Court is the highest court in a state in India. Articles 214 to 231 in the Indian Constitution talk about the High Courts, their organisation and powers. The Parliament can also provide for the establishment of one High Court for two or more states.
For instance, Haryana, Punjab and the Union Territory of Chandigarh have a common High Court. The northeastern states also have one common High Court. In addition, Tamil Nadu shares a High Court with Puducherry.
Currently, there are 25 High Courts in India. For a list of High Courts in India, check the linked article.
The High Courts of Calcutta, Madras and Bombay were established by the Indian High Courts Act 1861.
What are the functions of the High Court?
The functions of the High Court are described in the below section under subsections such as its jurisdiction, powers, role, etc.
High Court Jurisdiction
The various kinds of the jurisdiction of the High Court are briefly given below:
Original Jurisdiction
The High Courts of Calcutta, Bombay and Madras have original jurisdiction in criminal and civil cases arising within these cities.
An exclusive right enjoyed by these High Courts is that they are entitled to hear civil cases which involve property worth over Rs.20000.
Regarding Fundamental Rights: They are empowered to issue writs in order to enforce fundamental rights.
With respect to other cases: All High Courts have original jurisdiction in cases that are related to will, divorce, contempt of court and admiralty.
Election petitions can be heard by the High Courts.
Appellate Jurisdiction
In civil cases: an appeal can be made to the High Court against a district court’s decision.
An appeal can also be made from the subordinate court directly if the dispute involves a value higher than Rs. 5000/- or on a question of fact or law.
In criminal cases: it extends to cases decided by Sessions and Additional Sessions Judges.
If
As a Court of Record
High Courts are also Courts of Record (like the Supreme Court).
The records of the judgements of the High Courts can be used by subordinate courts for deciding cases.
All High Courts have the power to punish all cases of contempt by any person or institution.
Administrative Powers
It superintends and controls all the subordinate courts.
It can ask for details of proceedings from subordinate courts.
It issues rules regarding the working of the subordinate courts.
It can transfer any case from one court to another and can also transfer the case to itself and decide the same.
It can enquire into the records or other connected documents of any subordinate court.
It can appoint its administration staff and determine their salaries and allowances, and conditions of service.
Power of Judicial Review
High Courts have the power of judicial review. They have the power to declare any law or ordinance unconstitutional if it is found to be against the Indian Constitution.
Power of Certification
A High Court alone can certify the cases fit for appeal before the Supreme Court.