The Judiciary — Important Questions

Justice Harilal J Kania

Justice Harilal J Kania was the first Chief Justice of the Supreme Court of India. He served from January 26, 1950, to November 6, 1951. The other options were also Chief Justices but came later: Justice M Patanjali Sastri was the second Chief Justice, Justice B K Mukherjea was the fourth, and Justice S R Das was the fifth. Justice Kania had the honor of being the first to lead India's highest court after independence.

Article 32

Article 32 of the Constitution gives the Supreme Court the power to issue writs for the protection of fundamental rights. Dr. B.R. Ambedkar called Article 32 the 'heart and soul of the constitution'. Article 226 gives similar powers to High Courts, Article 21 is about the right to life and personal liberty, and Article 14 is about equality before law. Article 32 specifically empowers the Supreme Court to act as the guardian of fundamental rights.

5

The Supreme Court can issue 5 types of writs under Article 32. These are: 1) Habeas Corpus (writ of arrest), 2) Mandamus, 3) Prohibition, 4) Certiorari, and 5) Quo-Warranto. Each writ serves a specific purpose in protecting fundamental rights. Having 3, 4, or 6 types would be incorrect. These five writs are the traditional writs that originated from English law and are essential tools for judicial review and protection of citizens' rights.

62 years

The retirement age of High Court judges is 62 years. This is 3 years less than Supreme Court judges who retire at 65 years. High Court judges can resign before this age if they wish. The different retirement ages reflect the hierarchy in the judicial system. Ages 60, 58 are too low, while 65 is the retirement age for Supreme Court judges, not High Court judges.