Monday, April 14, 2014

Comparison between the Supreme Court and the High Courts - Quick Revision Guide


Supreme CourtHigh Court
1. The Supreme Court is a federal Court. Its only seat is located at Delhi. Its bench can be established at other places also but so far it has not been established.1. There is a provision for a High Court in each state and each union territory but two or more states or two or more union territories or states union territories, togeth­er, may establish a common High Court.
2. The Judges of the Supreme Court are appointed by the President.2. The judges of the High Court are also appointed by the President.
3. A person shall have the following qualification to be­come eligible for the appointment as a judge of the Supreme Court - if:3. A person shall not be eligible to become a judge of a High Court unless such a person.
(i) He has been a judge of a High Court for not less than five years in succession; or(i) has been a judicial officer for not less than 10 years within the territory of India; or
(ii) He has been an advocate of a High Court for not less than 10 years in succession; or(ii) has been an advocate for not less than 10 years in a High Court in India.
(iii) He is a distinguished Jurist in the opinion of the President.4. The judges of the High Courts retire from their office af­ter attaining the age of 62 years.
4. The judges of the Supreme Court retires from their office after attaining the age of 65 years.5. The judges and the Chief Justice of the High Courts are re­moved from the office by the President in the same man­ner as adopted in the case of the Supreme Court.
5. The President can remove the Chief Justice and the oth­er judges on the basis of impeachment motion passed in the Parliament.6. The salary of the Chief Justice is Rs 30,000 and of the oth­er judges is Rs 26,000 per month.
6. The salary of the Chief Justice is Rs 33,000 and of the oth­er judges is Rs 30,000 per month.7. The judges of the High Courts cannot plead before any Court during the term of their office. After retirement, they cannot plead before any Court below the High Court. That means they can plead only before other High Courts and the Supreme Court.
7. The judges of the Supreme Court after their retirement and during their term of office are not eligible to plead before any court/authority within the territory of India.8. The judges of the High Court may be promoted as the Judges of the Supreme Court.
8. The Judges of the Supreme Court cannot be transferred and demoted in office.9. The Supreme Court is not bound to abide by the deci- 9. The High Courts are bound to abide by the decisions of sions of the High Courts.
10. The salary and the allowances of the Judges of the Su- 10. The salary and other allowances of the Judges of the preme Court are charged upon the Consolidated Fund High Courts are charged upon the Consolidated Fund of of India.
11. The cases involving the interpretation of the Constitu- 11. The cases involving the interpretation of the Constitu­tion are decided only by the Supreme Court.

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