Tag: understanding laws

The Judiciary interprets the Constitution as its final arbiter. It is its duty as mandated by the Constitution, to be its watchdog, by calling for scrutiny any act of the legislature or the executive, who otherwise, are free to enact or implement these, from overstepping bounds set for them by the Constitution. It acts like a guardian in protecting the fundamental rights of the people, as enshrined in the Constitution, from infringement by any organ of the state. It also balances the conflicting exercise of power between the centre and a state or among states, as assigned to them by the Constitution.

"Rule of Law" is the foundation of any democracy. It means no person is above the law. The law applies in the same manner, regardless of a person's status. Every citizen is subjected to the same laws. No person can legally claim any special treatment or privilege just because of he or she happens to be an important person.

The Chief Justice and the other Judges of the Supreme Court are appointed by the President to work till they attain 65 years of age. But if a judge of Supreme court is found guilty of misusing his powers or of acting against the provisions of the constitution, he can be impeached and relieved of his office.

The correct meaning of the rule of law is equality before the law. The term equality before the law means each one must be treated equally by the law and all people are subject to the same laws of justice.

The Supreme Court of India came into being on 28 January 1950. It replaced both the Federal Court of India and the Judicial Committee of the Privy Council which were then at the apex of the Indian court system.

The structure of courts is organized in a hierarchical order. According to this the High Courts are a middle level court. High Courts are the highest courts at the State and Union Territories level. These courts have jurisdiction over a State, a Union Territory or a group of States and Union Territories. The High Courts in India enjoys writ, appellate and revision jurisdiction.

The  Supreme Court of India is situated in  New Delhi. The Supreme Court of India is the highest judicial forum and final court of appeal under the Constitution of India. On 28 January 1950, India's Supreme Court succeeded the Federal Court of India which was established by Government of India Act 1935 and the Privy Council, which was highest judicial body in the country during British Era.

The Judges cannot be removed from office by any authority through a normal simple procedure. A judge can be removed by the President only for proved misbehaviour and incapacity. This charge needs to be proved only by a joint address by both Houses of Parliament and supported by a two-third majority of members present and voting.