The constitution of India has three main branches which are legislative, executive and judiciary. All three branches are independent which means other branches cannot interfere in the domain of each other. The independence of the judiciary is the main reason by virtue of which the High Court and Supreme Court protects our fundamental rights and all other laws.
If we talk about the courts in India, the Supreme Court is at the top level. All other high courts and district level courts come under the Supreme Court.
The constitution of India provides the articles to establish the High Court and Supreme Court in India to deal with all the cases. The Indian constitution has made the Supreme Court a final Court of appeal whereas the high court of a state or union territory is the primary judicial body. So let’s talk about the High Court and Supreme Court and their differences from each other.
The Supreme Court of India
There is only one Supreme Court in India and it is an Apex judicial body. The Supreme Court of India is located in New Delhi, India. As we all know that it is the supreme body and its decisions are binding for all the law courts and tribunals within the territory of India. No Court can overrule the decision given by the Supreme Court of India. It is also the final Court of appeal. It means a person can apply for the appeal to the Supreme Court of India but if the Supreme Court rejects the appeal of the person then the person has no right for further appeal. The maximum number of judges in the Supreme Court is 31 in which one judge is the chief justice of India. All other 30 judges are the most experienced judges. The president of India appoints the judges of the Supreme Court on the basis of criteria given under the law.
Article 32 provides the power to the Supreme Court to deal with Writs given under the constitution of India. Apex court of India has the power to take appeal review revision in any case decided or pending in the lower courts. It also holds the advisory jurisdiction in which the Supreme Court can advise the lower court to make the right decisions. Under the original jurisdiction of the Supreme Court, the SC has the power to deal with cases between
- Government of India Vs State or more than one State.
- State (s) Vs state (s)
Any case in which the question of law arises, in that case, the supreme court pronounces its judgement by taking due care.
High courts in India
It is the highest judicial Court at the state or union territory level. Although the jurisdiction of the High Court is restricted to the state or union territory, the decision given by the high court is binding for all the lower courts which come under the jurisdiction of that particular High Court. There can be one high court for two or more States or Union territories depending upon the area of jurisdiction. The high court also has the power of appellate jurisdiction and original jurisdiction in which the high court can also issue writs, orders and directions to the lower courts. Article 226 of the constitution of India gives the power to the High Court for issuing the Writs. The High Court of one or several States is headed by 1 chief justice of that state which is appointed by the State governor. All the judges in the High Courts are appointed by the president of India after consulting with the State governor and chief justice of India. The High court also has the power to provide life imprisonment for a person. But the decisions made by one high court are not binding for other High Courts of India. Other high courts may or may not follow the decision given by another high court. Even the lower courts which do not come under the jurisdiction of that particular High Court are not binding for the judgement given the high court.
Difference between High Court and Supreme Court
After reading about the High Court and Supreme Court, no we can find some differences between High Court and Supreme Court which are as follow:
Hight Court Vs Supreme Court
|S. No||Supreme Court||High Court|
|1||It is the highest court of justice in India.||The High Court is the highest judicial body of one or more States.|
|2||The chief justice of India is the head of the Supreme Court.||The chief justice of the state is the head of the High Court.|
|3||In India, there is only one Supreme Court.||There are a total of 25 High Courts in India.|
|4||The decision made by the Supreme Court is binding for all the Courts in India.||The decision made by the high court is binding for all the lower courts within its jurisdiction. But the decision made by one high court is not binding for other high courts and lower courts that are not under the jurisdiction of that High Court.|
|5||It is above all the high courts, other courts and tribunals within the territory of India.||The High Court is above all the lower courts and tribunals within the jurisdiction of that Court only.|
|6||The President of India appoints the chief justice of India and other judges of the Supreme Court.||The president of India after consulting the chief justice of India and State governor appoints the judges of the High Court.|
|7||The age of retirement for the judges of the Supreme Court is 65 years.||High Court judges retire at the age of 62 years.|
|8||The Supreme Court judge cannot plead before any court during the tenure or after the retirement.||The High Court judge cannot plead before the court during the time of his tenure and after retirement cannot plead in the High court where he was appointed. But he can plead after his retirement in another high court and Supreme Court of India.|
|9||The Supreme Court takes the power to deal with the writs under article 32 of the constitution of India.||Article 226 of the constitution of India provides the power for the high court to deal with the writs.|
These were some differences between the High Court and Supreme Court. The High Court of a state for more than one state is the primary Court of justice in that area so all the decisions made by that high court shall be binding for all the lower courts and tribunal within the jurisdiction of the High court. Both the High Court and Supreme Court play a major role in providing justice for the citizens of India.
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