Indian Constitution: Judiciary & CAG
Chapters IV and V of the Indian Constitution delineate the framework for the Union Judiciary and the Comptroller and Auditor-General of India, respectively. Chapter IV establishes the Supreme Court's powers, jurisdiction, and judicial appointments, ensuring an independent judiciary. Chapter V outlines the duties and authority of the CAG, crucial for auditing government accounts and upholding financial accountability.
Key Takeaways
Chapter IV defines the Supreme Court's establishment, powers, and judicial processes.
The Supreme Court functions as a Court of Record with extensive original and appellate jurisdiction.
Judicial appointments involve specific constitutional procedures, ensuring independence and integrity.
Chapter V establishes the Comptroller and Auditor-General's vital role in government auditing.
The CAG ensures financial accountability through comprehensive audits and detailed reports to Parliament.
What is the Union Judiciary's role under the Indian Constitution?
The Union Judiciary, primarily the Supreme Court of India, is established under Chapter IV (Articles 124-147) of the Indian Constitution. This chapter meticulously defines the Supreme Court's composition, powers, and jurisdiction, ensuring its independence as the highest judicial authority. It serves as the final interpreter of the Constitution, safeguarding fundamental rights and resolving disputes between states or between the Union and states. The provisions detail the appointment, tenure, and removal of judges, alongside the court's various jurisdictions, reinforcing its pivotal role in upholding the rule of law and maintaining constitutional supremacy within the nation's democratic framework.
- Establishment and Constitution of Supreme Court (Art. 124): Defines the Supreme Court's composition, including the number of judges, their appointment, and the process for their removal, ensuring judicial independence.
- National Judicial Appointments Commission (Arts. 124A-124C): Introduced provisions for a commission to recommend judicial appointments and transfers, with Parliament holding law-making power regarding its functions.
- Judges' Compensation (Art. 125): Specifies the salaries, allowances, and privileges of Supreme Court judges, ensuring their financial security and preventing external influence.
- Acting and Ad Hoc Judges (Arts. 126-127): Provides for the appointment of an Acting Chief Justice or ad hoc judges to manage workload or fill temporary vacancies in the Supreme Court.
- Retired Judges' Participation (Art. 128): Allows for the Chief Justice of India to request retired Supreme or High Court judges to sit and act as judges of the Supreme Court.
- Court of Record (Art. 129): Declares the Supreme Court as a court of record, meaning its proceedings and decisions are preserved as perpetual evidence and it has the power to punish for contempt.
- Supreme Court Location (Art. 130): Stipulates that the Supreme Court shall sit in Delhi or in such other place or places as the Chief Justice of India may, with the approval of the President, from time to time appoint.
- Original Jurisdiction (Art. 131): Defines the Supreme Court's exclusive jurisdiction over disputes between the Union and states, or between states themselves, ensuring resolution of federal conflicts.
- Repealed Article (Art. 131A): Notes a previously existing article related to exclusive jurisdiction in constitutional questions, which has since been repealed, streamlining judicial processes.
- Appellate Jurisdiction (Arts. 132-134): Outlines the Supreme Court's power to hear appeals from High Courts in constitutional, civil, and criminal matters, serving as the highest court of appeal.
- Appeal Certificates (Art. 134A): Specifies the High Court's power to grant a certificate for appeal to the Supreme Court, indicating a substantial question of law or public importance.
- Federal Court Jurisdiction Transfer (Art. 135): Grants the Supreme Court the same jurisdiction and powers as the Federal Court had before the Constitution's commencement, ensuring continuity.
- Special Leave to Appeal (Art. 136): Empowers the Supreme Court to grant special leave to appeal from any judgment, decree, determination, sentence, or order in any cause or matter passed by any court or tribunal.
- Review of Judgements (Art. 137): Confers upon the Supreme Court the power to review its own judgments or orders, allowing for correction of errors and ensuring justice.
- Jurisdiction Enlargement (Art. 138): Enables Parliament to enlarge the jurisdiction of the Supreme Court with respect to any matters from the Union List, expanding its scope.
- Power to Issue Writs (Art. 139): Authorizes Parliament to confer on the Supreme Court the power to issue directions, orders, or writs for purposes other than those mentioned in Article 32.
- Case Transfers (Art. 139A): Allows the Supreme Court to transfer cases, appeals, or other proceedings from one High Court to another, or from any court to itself, for efficient justice delivery.
- Ancillary Powers (Art. 140): Grants Parliament the power to make laws conferring ancillary powers on the Supreme Court to enable it to function effectively and enforce its decrees.
- Binding Law Declarations (Art. 141): Declares that the law declared by the Supreme Court is binding on all other courts within the territory of India, establishing judicial precedent.
- Enforcement of Decrees (Art. 142): Empowers the Supreme Court to pass any decree or order necessary for doing complete justice in any cause or matter pending before it, ensuring full enforcement.
- Presidential Consultation (Art. 143): Authorizes the President to seek the Supreme Court's advisory opinion on questions of law or fact of public importance, aiding executive decisions.
- Aid to Supreme Court (Art. 144): Mandates that all civil and judicial authorities throughout the territory of India shall act in aid of the Supreme Court, ensuring its orders are respected.
- Repealed Article (Art. 144A): Refers to a repealed article concerning the constitutional validity of central laws, simplifying the judicial review process.
- Rules of Court (Art. 145): Empowers the Supreme Court to make rules for regulating generally the practice and procedure of the Court, ensuring orderly functioning.
- Officers, Servants & Expenses (Art. 146): Deals with the appointment of officers and servants of the Supreme Court and the charging of its administrative expenses to the Consolidated Fund of India.
- Interpretation (Art. 147): Provides for the interpretation of the Constitution, particularly regarding the Government of India Act, 1935, and certain Orders in Council.
What is the function of the Comptroller and Auditor-General of India?
Chapter V (Articles 148-151) of the Indian Constitution establishes the office of the Comptroller and Auditor-General (CAG) of India, an independent authority responsible for auditing all receipts and expenditures of the Union and State governments, including bodies substantially financed by government funds. The CAG acts as the guardian of the public purse, ensuring financial accountability and transparency in governmental operations. This chapter defines the CAG's appointment, duties, and powers, emphasizing their crucial role in upholding financial integrity and reporting findings to Parliament, thereby enabling legislative oversight over public finances.
- Comptroller and Auditor-General (Art. 148): Defines the appointment, oath, and conditions of service for the Comptroller and Auditor-General, establishing their independent constitutional position and security of tenure.
- Duties and Powers (Art. 149): Outlines the specific responsibilities and authorities of the CAG concerning the accounts of the Union and states, including auditing and reporting on financial transactions.
- Form of Accounts (Art. 150): Empowers the President, on the advice of the CAG, to prescribe the form in which the accounts of the Union and states shall be kept, ensuring uniformity and clarity.
- Audit Reports (Art. 151): Mandates that the CAG's audit reports relating to the accounts of the Union shall be submitted to the President, who then lays them before each House of Parliament, ensuring public scrutiny.
Frequently Asked Questions
What is the primary role of the Supreme Court of India?
The Supreme Court is India's highest judicial body, interpreting the Constitution, resolving disputes between states or the Union, and hearing appeals from High Courts. It ensures justice and upholds the rule of law.
How are judges appointed to the Supreme Court?
Judges are appointed by the President after consultation with Supreme Court and High Court judges. The National Judicial Appointments Commission (NJAC) was introduced to streamline this process, though its constitutional validity has been debated.
What is the significance of the Comptroller and Auditor-General (CAG)?
The CAG audits all receipts and expenditures of the Union and State governments, as well as government companies. This role is crucial for ensuring financial transparency, accountability, and preventing misuse of public funds.
