Aivette-COI

  Introduction The Protection of Children from Sexual Offences (POCSO) Act, 2012 is a special law enacted to protect children (below 18 years) from: Sexual assault Sexual harassment Pornography Exploitation It provides child-friendly procedures , special courts, speedy trials, and strict punishments. The Supreme Court and High Courts play a crucial role in interpreting the POCSO Act, ensuring justice, protecting children’s rights, and maintaining the spirit of the law. 1. Role of the Supreme Court under POCSO Act The Supreme Court ensures that POCSO is implemented properly and interpreted in a child-friendly and rights-oriented manner. 1. Guardian of Child Rights (Article 21) The Supreme Court protects a child’s: Right to life Right to dignity Right to protection Right to safe environment Through various judgements, the Court reinforced that children need special care and protection . 2. Interpretation of “Child” (Under 18 Years) SC has cla...

  Introduction Citizenship in India is governed by: Articles 5–11 of the Constitution , and The Citizenship Act, 1955 , along with its amendments (1986, 1992, 2003, 2005, 2019). The Supreme Court and High Courts play a major role in interpreting citizenship laws, protecting individual rights, and ensuring that the government follows constitutional principles while granting or revoking citizenship. 1. Role of the Supreme Court in Citizenship Matters The Supreme Court acts as the final interpreter of citizenship law in India. Its jurisdiction covers disputes related to citizenship, nationality, illegal migration, and constitutional rights. 1. Constitutional Jurisdiction The Supreme Court can interpret Articles 5–11 which define: Who was a citizen at the commencement of the Constitution Rights of citizenship by birth, descent, registration, naturalization Powers of Parliament to regulate citizenship 2. Writ Jurisdiction (Article 32) Citizens can direct...

  Introduction The Supreme Court and High Courts play a major role in strengthening transparency, accountability, and good governance in India. One of the most important steps in this direction is the Right to Information (RTI) Act, 2005 , which ensures that citizens have access to information held by public authorities. Both the Supreme Court and High Courts have consistently upheld the spirit of transparency , declaring RTI as a fundamental pillar of democracy. 1. Right to Information (RTI) Act, 2005 – Significance RTI empowers citizens to: Access government records, files, and decisions Expose corruption and misuse of power Demand accountability from public authorities Strengthen transparency in governance RTI = Citizens’ right to know + Government’s duty to inform This Act is closely linked to Article 19(1)(a) – Freedom of Speech & Expression, interpreted by the courts as including the right to know . 2. Supreme Court: Key Role & Important Judg...

1. Jurisdiction of the Supreme Court of India (Articles 131, 132–136, 137–140, 32) The Supreme Court is the highest court with wide jurisdiction. 1. Original Jurisdiction (Article 131) Supreme Court hears disputes directly (not through appeal) between: Government of India vs. One or more States State vs. State disputes Centre + State vs. Another State Examples: River water disputes, boundary disputes. 2. Writ Jurisdiction (Article 32) Supreme Court protects Fundamental Rights . It can issue 5 writs : Habeas Corpus Mandamus Certiorari Prohibition Quo Warranto Dr. Ambedkar: “Article 32 is the heart and soul of the Constitution.” 3. Appellate Jurisdiction Supreme Court hears appeals from High Courts in: A. Constitutional Matters (Article 132) Appeal allowed if the case involves a constitutional question . B. Civil Matters (Article 133) Appeals in civil cases if High Court certifies that the case involves a substantial question of law . C. Crim...

  Supreme Court and High Court: Composition 1. Composition of the Supreme Court of India (Articles 124–147) The Supreme Court is the highest judicial authority in India and the final interpreter of the Constitution. 1. Number of Judges The Supreme Court consists of the Chief Justice of India (CJI) and A maximum of 33 other judges , making the total strength 34 . 2. Appointment of Judges Judges are appointed by the President of India . Appointment follows the Collegium System , which includes: Chief Justice of India Four senior-most Supreme Court judges 3. Qualifications for Judges A person must: Be a citizen of India Have served as a High Court judge for at least 5 years , or Have practiced as a High Court advocate for at least 10 years , or Be a distinguished jurist (in the President’s opinion) 4. Tenure Judges hold office until the age of 65 years . They can resign by writing to the President. Removal is possible only th...

SIMPLY SMART Introduction The Judicial System of India is one of the most powerful, respected, and independent judicial systems in the world. It acts as the guardian of the Constitution , the protector of fundamental rights , and the defender of justice . India follows: Unified Judiciary Single Integrated Court Structure This means all courts in India—from the lowest court to the Supreme Court—are connected in a hierarchical chain. The Supreme Court stands at the top and supervises the entire system. The judiciary ensures: Rule of law Equality before law Fair trials Constitutional governance 1. Structure of the Judicial System in India (Based on Articles 124–147, 214–231, 233–237) India has a three-tiered judicial structure : 1. Supreme Court of India (Apex Court) Articles 124–147 Key Features Highest judicial authority in India. Located in New Delhi. Consists of the Chief Justice of India + 33 other judges . Judges appointed by the Pr...