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61-542: The High Court Division exercises both original jurisdiction and appellate jurisdiction in civil and criminal matters. The prime jurisdiction of it is the Writ Jurisdiction, pursuant to which it is empowered under article 102 of the Constitution of Bangladesh to issue writ of certiorari, mandamus, quo warranto, prohibition and habeas corpus. The High Court of judicature for East Bengal commonly known as

122-450: A bill when it is initially presented to them (rather than return it to parliament) thereby exercising a pocket veto on the advice of the prime minister or council of ministers per Article 74 if it is inconsistent with the constitution. Article 143 gives the president the power to consult the supreme court about the constitutional validity of an issue. The president shall assent to constitutional amendment bills without power to withhold

183-669: A case or suit as Court of first instance. The jurisdiction of the High Court is described in Article 101 of the Constitution of Bangladesh. The High Court Division will deal with original cases, appeals and other judicial functions. Also, under Article 102 of the Constitution of Bangladesh, writ petitions and company and army divisions have original jurisdiction in certain limited cases. Any law may confer appellate jurisdiction on any matter. For example, CrPC and CPC have conferred on

244-619: A court with original jurisdiction over anything not reserved to more specialized courts. Not all "trial courts" exclusively exercise original jurisdiction. Indeed, in both the federal and most state court systems, the trial courts of " general jurisdiction " hear appeals from trial courts of limited original jurisdiction; many states call these courts " superior courts " for this reason. For example, United States district courts hear appeals from their bankruptcy courts (which operate as quasi-independent units of district courts but are constitutionally separate Article I tribunals ). Similarly,

305-454: A maximum period of three years with repeated parliamentary approval every six months. If the emergency needs to be extended for more than three years, this can be achieved by a constitutional amendment , as has happened in Punjab and Jammu and Kashmir . During such an emergency, the president can take over the entire work of the executive, and the governor administers the state in the name of

366-412: A simple majority. It has never been declared. A state of financial emergency remains in force indefinitely until revoked by the president. The president can reduce the salaries of all government officials, including judges of the supreme court and high courts , in cases of a financial emergency. All money bills passed by state legislatures are submitted to the president for approval. They can direct

427-407: A vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term. An election to fill a vacancy in the office of President occurring by reason of their death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill

488-556: Is a dispute between two or more states or between the union and the states, the Supreme Court decides such cases. In addition, Article 131 of the Constitution of India grants original jurisdiction to the Supreme Court on all cases involving the enforcement of fundamental rights of citizens. It is empowered to issue directions, orders or writs, including writs like habeas corpus , mandamus , prohibition, quo warranto and certiorari to enforce them. The appellate jurisdiction of

549-472: Is bound by the provisions of the constitution notwithstanding any advice by the union cabinet. As per Article 142 , it is the duty of the president to enforce the decrees of the supreme court. The primary duty of the president is to preserve, protect and defend the constitution and the law of India per Article 60 . The president appoints the Chief Justice of India and other judges on the advice of

610-463: Is inevitable when the extant provisions of the law are inadequate. Re-promulgation of an ordinance after failing to get approval within the stipulated time of both houses of parliament is an unconstitutional act by the president. The president should not incorporate any matter in an ordinance which violates the constitution or requires an amendment to the constitution. The president should take moral responsibility when an ordinance elapses automatically or

671-618: Is not approved by the parliament or violates the constitution. Thus, it is believed that the POI is the de jure head of the state, whereas PM is the de facto head. The President of the Indian Union will be generally bound by the advice of his Ministers. ... He can do nothing contrary to their advice nor can do anything without their advice. The President of the United States can dismiss any Secretary at any time. The President of

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732-511: Is not fully satisfied, on the basis of the report of the governor of the concerned state or from other sources, that the governance in a state cannot be carried out according to the provisions in the constitution, they can proclaim under Article 356 a state of emergency in the state. Such an emergency must be approved by the parliament within a period of 2 months. Under Article 356 of the Indian constitution , it can be imposed from six months to

793-567: The Constituent Assembly of India , under the leadership of B. R. Ambedkar , undertook the process of drafting a completely new constitution for the country. The Constitution of India was eventually enacted on 26 November 1949 and came into force on 26 January 1950, making India a republic . The offices of monarch and governor-general were replaced by the new office of President of India, with Rajendra Prasad as its first incumbent. India retained its Commonwealth membership per

854-650: The Council of Ministers . The president is bound by the constitution to act on the advice of the council and to enforce the decrees passed by the Supreme Court under article 142. India achieved independence from the British on 15 August 1947 , initially as a dominion within the Commonwealth of Nations with George VI as king, represented in the country by a governor-general . Following independence,

915-531: The Government of India and the States of India or between Government of India and states on one side and one or more states on the other side or cases between different states. Original jurisdiction is related to cases directly brought to the Supreme Court. Cases that require the interpretation of the constitution or cases relating to the denial of fundamental rights are heard in the Supreme Court. In case there

976-677: The Indian constitution , the president is empowered with the powers to grant pardons in the following situations: The decisions involving pardoning and other rights by the president are independent of the opinion of the prime minister or the Lok Sabha majority. In most cases, however, the president exercises their executive powers on the advice of the prime minister and the cabinet . The president can declare three types of emergencies: national, state and financial, under articles 352, 356 & 360 in addition to promulgating ordinances under article 123. A national emergency can be declared in

1037-532: The Indo-Pakistani War of 1971 . The first two emergencies were in the face of external aggression and War. They were hence external emergencies. Even as the second emergency was in progress, another internal emergency was proclaimed by President Fakhruddin Ali Ahmed , with Indira Gandhi as prime minister in 1975. In 1977, the second and the third emergencies were together revoked. If the president

1098-615: The London Declaration , recognising The King as "the symbol of the free association of its independent member nations and as such the Head of the Commonwealth." The Indian constitution accords to the president the responsibility and authority to defend and protect the Constitution of India and its rule of law. Invariably, any action taken by the executive or legislature entities of the constitution shall become law only after

1159-475: The Parliament of India and the legislative assemblies of each of India's states and territories , who themselves are all directly elected by the citizens. Article 53 of the Constitution of India states that the president can exercise their powers directly or by subordinate authority, though all of the executive powers vested in the president are, in practice, exercised by the prime minister heading

1220-485: The advisory opinion of the supreme court per Article 143 . Per Article 88 , the president can ask the attorney general to attend the parliamentary proceedings and report to him any unlawful functioning if any. The president appoints as prime minister , the person most likely to command the support of the majority in the Lok Sabha (usually the leader of the majority party or coalition). The president then appoints

1281-496: The legislative powers of parliament is violating the constitution, they can send back the bill with their recommendation to pass the bill under the constituent powers of parliament following the Article 368 procedure. When, after reconsideration, the bill is passed accordingly and presented to the president, with or without amendments, the president cannot withhold their assent from it. The president can also withhold their assent to

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1342-583: The president of India under Article 143 of the Indian Constitution. In the United States, courts having original jurisdiction are referred to as trial courts . In certain types of cases, the U.S. Supreme Court has original jurisdiction concurrently with lower courts. The original jurisdiction of the U.S. Supreme Court is governed by Article III, Section 2 of the United States Constitution and Title 28 of

1403-443: The prime minister . Such a proclamation must be approved by the parliament with at least a two-thirds majority within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval-there is no maximum duration. In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. However,

1464-593: The Dacca High Court was established in 1947 under Pakistan (Provisional Constitutional) Order 1947 as a separate High Court with all Appellate, Civil and Original jurisdictions. In 1955 the Dacca High Court became the High Court of East Pakistan and the Supreme Court of Pakistan was established as the apex Court with the appellate jurisdiction to hear the decisions of the High Courts established in

1525-548: The East and West Pakistan. Until 1967 the High Court was held in the building that now known as the Old High Court Building on Kazi Nazrul Islam Avenue, opposite the curzon hall, Dhaka. With the construction of a larger facility in the 1960s nearby that now houses the Supreme Court of Bangladesh and Attorney General's office, the High Court was shifted from Old House on 10 July 1967. In 1971 East Pakistan became

1586-568: The HCD appellate jurisdiction. As of November 2024 the list of permanent judges are as follows: Original jurisdiction In common law legal systems, original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction , when a higher court has the power to review a lower court's decision. In India , the Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to all cases between

1647-510: The Indian Union has no power to do so, so long as his Ministers command a majority in Parliament As per Article 53 , the executive power of the country is vested in the president and is exercised by the president either directly or through officers subordinate to him in accordance with the constitution. When parliament thinks fit it may accord additional executive powers to the president per Article 70 which may be further delegated by

1708-594: The Law Division of the Superior Court of New Jersey hears appeals from Pittsburgh have unique systems) and from certain agencies of local (e.g., zoning board ) and state governments (e.g., Pennsylvania Liquor Control Board ). President of India The president of India ( ISO : Bhārata kē Rāṣṭrapati ) is the head of state of the Republic of India . The president is the nominal head of

1769-481: The Presidential and Vice-Presidential Elections Act, 1952, a candidate to be nominated for the office of president needs 50 electors as proposers and 50 electors as seconders for their name to appear on the ballot . Article 56(1) of the constitution provides that the president shall hold office for a term of five years, from the date on which they enter their office. According to Article 62, an election to fill

1830-541: The Right to Life and Personal Liberty cannot be suspended ( Article 21 ). The president can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws). Also, all money bills are referred to the president for approval. The term of the Lok Sabha can be extended by a period of up to one year, but not so as to extend the term of parliament beyond six months after

1891-439: The Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Indian Constitution. The Supreme Court has special advisory jurisdiction in matters that may specifically be referred to by

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1952-530: The Union government. However, the Union government can insist on compliance with its loan terms when a state has an outstanding loan charged to the consolidated fund of India or an outstanding loan in respect of which a guarantee has been given by the Government of India under the liability of consolidated fund of India. Under article 360 of the constitution, the president can proclaim a financial emergency when

2013-488: The United States Code, section 1251 . Most commonly, original jurisdiction cases involve suits between states as parties, usually over territorial or water rights disputes. The United States Constitution defines Original Jurisdiction thus: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all

2074-533: The administration is that of a ceremonial device on a seal by which the nation's decisions are made known. The primary duty of the president is to preserve, protect and defend the constitution and the law of India as made part of their oath (Article 60 of Indian constitution). The president is the common head of all independent constitutional entities. All their actions, recommendations ( Article 3 , Article 111, Article 274, etc.) and supervisory powers ( Article 74(2) , Article 78C, Article 108, Article 111, etc.) over

2135-490: The bills per Article 368 (2) . When either of the two Houses of the Parliament of India is not in session, and if the government feels the need for an immediate procedure, the president can promulgate ordinances that have the same force and effect as an act passed by parliament under its legislative powers. These are in the nature of interim or temporary legislation and their continuance is subject to parliamentary approval. Ordinances remain valid for no more than six weeks from

2196-418: The chief justice. The President may dismiss a judge with a two-thirds vote of the two Houses of the parliament. The Indian government's chief legal adviser, Attorney-General for India , is appointed by the president of India under Article 76(1) and holds office during the pleasure of the president. If the president considers a question of law or a matter of public importance has arisen, they can also ask for

2257-468: The constitution to re-promulgate president's rule in a state when the earlier promulgation ceased to operate for want of parliaments approval within two months duration. During 2014 in Andhra Pradesh, president's rule was first imposed on 1 March 2014 and it ceased to operate on 30 April 2014. President's rule was promulgated after being fully aware that the earliest parliament session is feasible at

2318-405: The control of any of the said Governments. Certain office-holders, however, are permitted to stand as presidential candidates. These are: In the event that the vice president, a state governor or a minister is elected president, they are considered to have vacated their previous office on the date they begin serving as president. A member of parliament or a State Legislature can seek election to

2379-411: The date the parliament is convened unless approved by it earlier. Under Article 123 , the president as the upholder of the constitution shall be satisfied that immediate action is mandatory as advised by the union cabinet and they are confident that the government commands majority support in the parliament needed for the passing of the ordinance into an act and parliament can be summoned to deliberate on

2440-410: The end of May 2014 after the general elections. It was reimposed again unconstitutionally on 28 April 2014 by the president. Article 282 accords financial autonomy in spending the financial resources available with the states for public purposes. Article 293 gives liberty to states to borrow without any limit to its ability for its requirements within the territory of India without any consent from

2501-516: The end of the declared emergency. National Emergency has been proclaimed 3 times in India to date. It was declared first in 1962 by President Sarvepalli Radhakrishnan , during the Sino-Indian War . This emergency lasted through the Indo-Pakistani War of 1965 and up to 1968. It was revoked in 1968. The second emergency in India was proclaimed in 1971 by President V. V. Giri on the eve of

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2562-413: The executive and legislative entities of India shall be used in accordance to uphold the constitution. There is no bar on the actions of the president to contest in the court of law. Legislative power is constitutionally vested in the Parliament of India of which the president is the head, to facilitate the lawmaking process per the constitution (Article 78, Article 86, etc.). The president summons both

2623-494: The executive, the first citizen of the country, as well as the supreme commander of the Indian Armed Forces . Droupadi Murmu is the 15th and current president, having taken office from 25 July 2022. The office of president was created when India became a republic on 26 January 1950 when its constitution came into force. The president is indirectly elected by an electoral college comprising both houses of

2684-431: The financial stability or credit of the nation or any part of its territory is threatened. However, until now no guidelines defining the situation of financial emergency in the entire country or a state or union territory or a panchayat or a municipality or a corporation have been framed either by the finance commission or by the central government. Such an emergency must be approved by the parliament within two months by

2745-418: The houses ( Lok Sabha and Rajya Sabha ) of the parliament and prorogues them. They can dissolve the Lok Sabha . The president inaugurates parliament by addressing it after the general elections and also at the beginning of the first session every year per Article 87(1). The presidential address on these occasions is generally meant to outline the new policies of the government . All bills passed by

2806-705: The independent Republic of Bangladesh. On 9 January 1972, Bangladesh enacted the Supreme Court of Judicature Act to regularize the judicial system. The Act declared that the Supreme Court of Bangladesh consisted of the Appellate Division and the High Court Division. The High Court Division replaced the Dhaka High Court and Supreme Court of Pakistan was preceded by the Appellate Division . The High Court Division can hear

2867-429: The office of the president but if they are elected as president, they shall be deemed to have vacated their seat in parliament or State Legislature on the date on which they enter upon their office as President [Article 59(1)] . Article 57 provides that a person who holds, or who has held, office as president shall, subject to the other provisions of this constitution, be eligible for re-election to that office. Under

2928-616: The officers from the Indian Foreign Service . The president is the first citizen of the country. The president is the Supreme Commander of the Indian Armed Forces . Only the president can declare war or conclude peace, on the advice of the Union Council of Ministers headed by the prime minister. All important treaties and contracts are made in the president's name. As mentioned in Article 72 of

2989-515: The other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. United States Constitution Article III, §3, cl. 2 In the federal court system and those of most U.S. states , there are several types of trial courts. That is, there are several specialized courts with original jurisdiction over specific types of matters, and then

3050-642: The other members of the Council of Ministers, distributing portfolios to them on the advice of the prime minister. The Council of Ministers remains in power at the 'pleasure' of the president. The president appoints 12 members of the Rajya Sabha from amongst persons who have special knowledge or practical experience in respect of such matters as literature, science, art and social service. The president may nominate not more than two members of Anglo Indian community as Lok Sabha members per Article 331 , which

3111-460: The parliament can become laws only after receiving the assent of the president per Article 111 . After a bill is presented to them, the president shall declare either that they assent to the Bill, or that they withhold assent from it. As a third option, they can return a bill to parliament, if it is not a money bill , for reconsideration. President may be of the view that a particular bill passed under

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3172-493: The passing of the ordinance as soon as possible. The promulgated ordinance is treated as an act of parliament when in force and it is the responsibility of the president to withdraw the ordinance as soon as the reasons for the promulgation of the ordinance are no longer applicable. Bringing laws in the form of ordinances has become a routine matter by the government and president, but the provisions made in Article 123 are meant for mitigating unusual circumstances where immediate action

3233-474: The president to the governors of states per Article 160 . Union cabinet with prime minister as its head, should aid and advise the president in performing their functions. Per Article 74 (2) , the council of ministers or prime minister are not accountable legally to the advice tendered to the president but it is the sole responsibility of the president to ensure compliance with the constitution in performing their duties. President or their subordinate officers

3294-399: The president's assent. The president shall not accept any actions of the executive or legislature which are unconstitutional. The president is the foremost, most empowered and prompt defender of the constitution (Article 60), who has pre-emptive power for ensuring constitutionality in the actions of the executive or legislature. The role of the judiciary in upholding the Constitution of India is

3355-466: The president. However, in practice, such negotiations are usually carried out by the prime minister along with their Cabinet (especially the Minister of External Affairs ). Also, such treaties are subject to the approval of the parliament. The president represents India in international forums and affairs where such a function is chiefly ceremonial. The president may also send and receive diplomats, i.e.

3416-552: The president. The Legislative Assembly can be dissolved or may remain in suspended animation. The parliament makes laws on the 66 subjects of the state list (see National emergency for explanation). A State Emergency can be imposed via the following: This type of emergency needs the approval of the parliament within 2 months. It can last up to a maximum of three years via extensions after each 6-month period. However, after one year it can be extended only if The Sarkaria Commission held that presidents have unconstitutionally misused

3477-454: The provision of Article 356 many times for achieving political motives, by dismissing the state governments although there was no constitutional break down in the states. During 2005, President's rule was imposed in Bihar state, misusing Article 356 unconstitutionally to prevent the democratically elected state legislators to form a government after the state elections. There is no provision in

3538-692: The second line of defence in nullifying any unconstitutional actions of the executive and legislative entities of the Indian Union. Under the draft constitution the President occupies the same position as the King under the English Constitution. He is the head of the state but not of the Executive. He represents the Nation but does not rule the Nation. He is the symbol of the Nation. His place in

3599-442: The state to observe certain principles (economy measures) relating to financial matters. Article 58 of the constitution sets the principal qualifications one must meet to be eligible to the office of the president. A president must be: A person shall not be eligible for election as president if they hold any office of profit under the Government of India or the Government of any State or any local or other authority subject to

3660-425: The whole of India or a part of its territory for causes of war or armed rebellion or an external aggression. Such an emergency was declared in India in 1962 ( Indo-China war ), 1971 ( Indo-Pakistan war ), and 1975 to 1977 (declared by Indira Gandhi ). Under Article 352 of the India constitution, the president can declare such an emergency only on the basis of a written request by the cabinet of ministers headed by

3721-425: Was removed in 2019. Governors of states are also appointed by the president who shall work at the pleasure of the president. Per Article 156 , the president is empowered to dismiss a governor who has violated the constitution in their acts. The president is responsible for making a wide variety of appointments. These include: All international treaties and agreements are negotiated and concluded on behalf of

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