Page 205 - SST Class 08
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Jurisdiction                                            Rights of citizens, so that no person or authority

            The jurisdiction of the Supreme Court can be            can erode, abridge or infringe upon them.
            divided into two types—original and appellate.
                                                                    Advisory Functions

            Original Jurisdiction                                   The President or any government department can
                                                                    seek its advice on any constitutional or legal
            By original jurisdiction is meant that the Supreme
                                                                    matter.
            Court can entertain new cases, such as the cases
            pertaining to the interpretation of the Constitution,   Court of Record
            disputes   between     the    central   and    state    All decisions of the Supreme Court are recorded
            governments, disputes between two or more               and published for the use of judges and advocates
            states, or cases pertaining to the violation of
                                                                    for future reference. This record also includes the
            Fundamental Rights.                                     important decisions by the High Courts.
            Appellate Jurisdiction

                                                                          Info Bits
            By appellate jurisdiction is meant that the                   Info Bits
            Supreme Court can entertain cases in appeal from
            the lower courts. This jurisdiction pertains to          The Right to Information Act was passed by the
            criminal cases, civil cases and constitutional           Parliament in 2005 giving citizens of India access
            disputes. An appeal in a criminal case can be            to central and state governments ’  records and is a
            brought to the Supreme Court if a decision of the        powerful tool in the hands of common citizens to
            subordinate court has been reversed by a High            get speedy justice.
            Court and the guilty was awarded the capital
            punishment or where a High Court has awarded                            THE STATE JUDICIARY
            the capital punishment, or where a High Court           According to the Constitution of India, there
            certifies that the case is fit for decision by the      should be a High Court in all states. However,
            Supreme Court as some point of law or                   there can be a common High Court for two or
            interpretation of the Constitution is involved. An      more states and union territories. For example, the
            appeal in a civil case can be brought to the            states of Haryana and Punjab and the union
            Supreme Court if a High Court certifies that it         territory of Chandigarh have one common High
            involves   a   substantial   point   of  law    and     Court. Similarly, the states of Assam, Manipur,
            interpretation of the Constitution. In addition, any    Meghalaya, Nagaland, Tripura, Mizoram and
            case where a High Court certifies that it involves a    Arunachal Pradesh, all these states have a
            point of law and interpretation of the Constitution     common High Court in Guwahati.
            can be appealed to the highest court in the land.
                                                                    Composition and Appointment of Judges
            Functions of the Supreme Court
                                                                    A High Court is composed of a Chief Justice and
            In addition to the above jurisdiction, the Supreme      as many other judges as the Parliament may
            Court also performs the following functions :           decide from time to time. A judge of the High
                                                                    Court is appointed
            Custodian of the Constitution
                                                                    by the President of
            The Supreme Court upholds the sanctity of the           India            after
            Constitution. It can review any central or state law    consultation with the
            and can declare it null and void in case it is not in   Chief Justice of India,
            keeping   with   the   letter  and   spirit  of  the    the Governor of the
            Constitution.                                           concerned state, and

            Guardian of Fundamental Rights                          in case of a judge
                                                                    other than the Chief
            The Supreme Court guards the Fundamental
                                                                                                  Allahabad High Court
                                                                                                   The Judiciary
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