Distinction Between SC and HC, Posts, Taxes, Grants in Aid, Charged Expenditure

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Distinction between SC and HC

Table of Distinction between SC and HC
Table of Distinction between SC and HC

SC

HC

Appointment of Judges

A distinguished jurist can be appointed a judge

Constitution does not make provision for appointment of a distinguished jurist

Tenure of judges

Till 65

Till 62

Jurisdiction

Jurisdiction cannot be curtained as mentioned in the constitution. Other jurisdiction and powers can be changed by the Parliament.

Ditto. Other jurisdiction and powers can be changed by both the Parliament and the State legislature.

Original jurisdiction

In matters relating disputes between centre and states or between states

Some imp:

Disputes relating to the election of members of Parliament and state legislatures

Writ Jurisdiction

Can issue only for enforcement of fundamental rights

Can issue for fundamental rights and for any other purpose

Posts

Image of Posts
Image of Posts

Post

Appointment

Removal

State Public Service Commission

Governor

President

HC Judge

President in consultation with the CJI and the governor of the state

Same as SC judges

Taxes

Table of Taxes
Table of Taxes

Levied

Collected

Appropriated

Example

1.

Centre

State

State

Stamp duty on some bills of exchange, Excise duty on some medicinal prep containing alcohol

2.

Centre

Centre / State

Centre / State

Service Tax (88th amendment. Rule of appropriation decided by the Parliament)

3.

Centre

Centre

State

Some taxes on inter-state trade

4.

Centre

Centre

Centre+ State

All other taxes expect those mentioned above and below (division decided by the FC)

5.

State

State

State

Wealth, Sales, some excise etc

6.

Centre

Centre

Centre

Surcharges on taxes referred to 3 and 4

Grants in Aid

  • Statutory grants on the recommendation of the FC. There are charged on the Consolidated Fund of India every year

  • Discretionary grants on the recommendation of the Planning Commission

  • These days discretionary grants statutory grants

Grants in Aid

Grants in Aid

Grants in Aid

Charged Expenditure

  • CAG

  • UPSC

CG, Jharkhand, MP and Orissa have to have a minister for tribal affairs.

How is original jurisdiction of SC different writ disputes of federal nature and those relating to fundamental rights?

Ans: In federal cases SC has exclusive original jurisdiction whereas in writ cases SC has original jurisdiction which is not exclusive. It shares it with the high courts. Secondly, the parties involved in the first case are units of the federation while in the second case it is between a citizen and the government

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