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(c) Counselling die President of India on any question of the constitution or on the question of public interest, if he seeks the advice.

(c) It can introduce a new branch of the Supreme Court in any part of the country.

The Basic Jurisdiction means that the Supreme Court can hear some cases directly. In such cases, trial is not necessary in the lower courts. It is called basic jurisdiction because these matters can be decided only by the Supreme Court. Neither the High courts nor the lower courts can deal with such cases. Using this right, the Supreme Court not only addresses the disputes, but also interprets the powers of the union and state governments as laid down by the constitution.

The Basic Jurisdiction of the Supreme Court gives it a decisive role in all disputes related to Federal matters. In any federal system, the rise of mutual dispute is natural between the union and the states and among various states. The Supreme Court has the responsibility to resolve these disputes.

In order to protect the constitution, fundamental rights, to ensure the rule of law and to protect the federal system, there is the need for an independent judiciary in India.

In recent years, the Supreme Court paved a new path for ordinary and exploited citizens by Public Interest Litigations. Under this arrangement, the judge can pass order in matter related to public interest without any judicial fees and prescribed procedure on complaint filed by any person or organization. The approach which the Supreme Court has adopted in these cases filed in the public interest is called Judicial Activism approach. Judicial Activism and Public Interest Litigations are interconnected. 

It is clear from the following ideas :

i. The Supreme Court has granted public interest related matters. According to this belief, a person can fight a case on behalf of a group or class that has been deprived of legal or constitutional rights. From this point of view , any person can approach judiciary on behalf of poor, disabled, helpless and socially and financially vulnerable people. The court will be able to take action only after giving it in written form without having to worry about all its technical and operational procedures.

ii. Article 21 of the constitution has been interpreted in a new way. According to this, no person other than the established procedure by law will be deprived of his life and personal liberty. This implies that person should not be deprived of his independence unnecessarily. It has also been arranged that the government provides legal assistance to the poor. Being prodigal and delayed proceeding of court, it is not possible for every person to get justice. Similarly, it has been arranged in criminal cases that unnecessary delays are not judicious. To end this delay, the court may order the state government to set up more courts and appoint more judges. Therefore, the nature of the Supreme Court has become proactive and legalistic from the legal system and Public Interest Litigation and it has started participating in the public suffering and social reforms.

The main role of the judiciary is to protect the rule of law and ensure the supremacy of law.

The petition representing judicial activism is called ‘Public Interest Litigation (PILs).

(a) President

(a) Security of Post

The two functions of the judiciary : 

1. Protects the right of the person. 

2. Solve disputes in accordance with the law.

The Cases related to federal relations are heard directly in the supreme court.

The powers and Rights of the Supreme Court: 

The powers and rights of the Supreme Court are as follows :

i. Basic Jurisdiction : 

Basic Jurisdiction means that the trial of some cases can be directly heard by the Supreme Court. In such cases, hearing in the first lower courts is not necessary. The cases related to federal relations go straight to the Supreme Court. The Basic jurisdiction of the Supreme Court gives it a decisive role in all disputes concerning federal matters. In any federal system, the Supreme Court has the responsibility to resolve the mutual legal disputes between the center and the states and among various states. It is called basic jurisdiction, because these matter can be settled by the Supreme Court only. Hearings of such cases cannot be conducted in High Courts or any subordinate courts. Using this right, the Supreme Court resolves not only disputes but also explains the power of union and state governments given in the constitution.

ii. Power Related to Writ Petition :

Any person can move the Supreme Court directly to get justice on infringement of fundamental rights. The Supreme Court can give its special orders in the form of a writ. The High Courts can also issue writs. However the person, whose fundamental rights are violated, has the option of. going to the High Court or the Supreme Court. Through these writs, the court can order the executive to act or not to act in a particular way.

iii. Appellate Powers : 

The Supreme Court is the highest court of appeals. Any person can appeal in the Supreme Court against the decision of the High Court. But the High Court has to certify that the case is appropriate to appeal in the Supreme Court, i.e., there is a serious matter involved in it like interpretation of law or constitution. If the lower court gives death penalty for criminal conviction, then an appeal can be made in the Supreme Court or in the High Court.

If the High Court does not permit the appeal against the decision, then the Supreme Court has the right to accept the case for consideration. Appellate jurisdiction means that the Supreme Court will reconsider the entire case and will re-examine its legal aspects. If the court thinks that the law or the constitution has a different meaning from what the lower courts have understood, then the Supreme Court can change its decisions and can also provide a new interpretation of those provisions. The High courts also have the appellate powers over the decision given by the courts below them.

v. Advisory jurisdiction : 

This right means that the Supreme Court has the right to counsel if consultation is asked for. In the jurisdiction of the consultation, the President may seek advice from the Supreme Court on any law related or public importance or that which involves interpretation of constitution. However, the Supreme Court is not bound to give advice on any such subject. On the other hand, if advice or opinion is sent, it is not obligatory for the President to accept it.

“The Judiciary” has the right to interpret the theory of power balance among the three organs of the government.

The Legislature has not been included in the appointment of judges.

(a)  Judiciary

(c) Supreme Court

(b)  New Delhi

With the advice of 4 senior most judges of the court, the Chief Justice of India recommends the individual names to be appointed as judges.

(a) By the Parliament

(c)  65 years

The Constitution of India provides that there shall be a Council of Ministers, the Prime Minister as its head, to aid and advice the President in the exercise of his functions.

1. Administration. 

2. Law making. 

3. Interpreting the Constitution. 

4. Judicial Review. 

5. Protecting and Guarding the rights of the people. 

6. Administrative functions. 

7. Advisory functions. 

8. Other functions.

(a) Administration of justice is the most important function of judiciary. Judiciary is there to hear and decide the disputes, both civil and criminal cases. The main function of the judiciary is to interpret the existing law as it is.

(b) The judiciary can modify, expand or make laws. According to Laski, “the courts find the law, but in finding courts also makes it.” The judges can exercise discretionary power and give their own interpretation to such laws

(c) Interpolating the constitution is another function of the judiciary’. In a federal state the constitution is supreme.

(d) The judiciary in federal-state enjoys the power to review the laws passed by legislature. 

(e) Judiciary is the guardian of the fundamental rights of the people. It protects the individual rights. 

(f) The judiciary also performs some administrative functions. The court appoints their local officials and subordinate staff.

(g) In some countries, the judiciary performs advisory functions also. For e.g : the President of India can seek the advise of Supreme Court on any question of constitutional law.

(h) The judiciary in every’ country acts as a court of record also. It keeps record of all its. decisions and advises.

There are 12 family courts in Karnataka.

There are 190 family courts in India.

The High Court is the highest court of the State. All other courts and tribunals working in State are subject to the authority of High Court. It occupies the same position in State as Supreme court at central level. The High Court enjoys original and appellate jurisdiction in civil and criminal cases. It operates as a court of record and exercises some administrative powers. In every state in addition to the High Court, there are number of judicial courts to administer justice.

• The State Legislature determines the constitutional organisation and jurisdiction of all these courts which are below the High Court. 
• There are civil, criminal, revenue courts in the state. The State Government appoints the judges and other staff of all the subordinate courts. 
• The District Judges are appointed by the Governor after consulting the Chief Justice of High Court and also the State Public Service Commission.

There are 21 high courts are there in India.

1. Selection of judges regardless of their political affiliation. 

2. Appointment of judges by the Chief Executive. 

3. Long and Security of tenure. 

4. Salaries and allowances are paid from Consolidated Fund. 

5. Bar on practice after retirement. 

6. Separation of judiciary from the executive and legislature. 

7. Impartiality in the administration of justice. 

8. Avoiding ambiguity in the judgement. 

9. Appointment of highly qualified judges and making judicial process less expensive.

Civil and criminal courts, Revenue and consumer courts.

The following are the miscellaneous functions of the Supreme court: 

1. The Supreme court has the power of regulating the practice and procedure of the court. 

2. It appoints its own clerical establishment and exercises supervision over lower courts.

3. The Supreme court decides matters relating to the election of the President and Vice-president. 

4. The Supreme court if satisfied, may withdraw a case on its own or on appeal pending before one or more High courts on a matter involving substantial question of law of general importance (Article 139) 

5. The Supreme court, if necessary, can transfer any case pending before any High court to any other High court 

6. The Supreme Court may also transfer a criminal case from one High court to the other.

A writ is an order issued by the Courts to enforce obedience to laws. The Supreme Court and High Court passes the power to issue various writs.

1. Habeas Corpus: To protect against an illegal detection, the court issues this writ which requires that the prisoner must be produced before the court within a specific period of time.

2.Mandamus: This is an order by the court to compel the government and other officials to perform their duty.

3.Prohibition: This is issued by the Court to lower court or any judicial or quasi-judicial authority. It directs the authority to stop prosecution or proceedings which may be beyond or in excess of the allowed jurisdiction.

4. Quo-warranto: The writ is an order asking a person to justify the exercise of an office, franchise or privilege. 

5. Certiorari: This writ enables the removal of cases from lower courts and placing them before a high court.

Habeas Corpus and Mandamus.

Judges of the Supreme court can be removed from office on charges on proven misbehaviour or incapacity (Article 124) through the process of impeachment. 

He may be removed on the above grounds as follows:

A motion of removal addressed to the President signed at least by 100 members of the Lok sabha or 50 members of the Rajya sabha is given to the Speaker or Chairman. The committee consisting of 3 members (2 Supreme court judges and one distinguished jurist) finds the judge guilty, the motion as well as the report of the committee is taken up for consideration in the house where the motion originates. The motion is passed in each house by a two-third majority of the total membership of each house addressed to the President. If the President gives him, order for removal, the judge stands removed.