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
SCHC
Appointment of JudgesA distinguished jurist can be appointed a judgeConstitution does not make provision for appointment of a distinguished jurist
Tenure of judgesTill 65Till 62
JurisdictionJurisdiction 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 jurisdictionIn matters relating disputes between centre and states or between statesSome imp:

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

Writ JurisdictionCan issue only for enforcement of fundamental rightsCan issue for fundamental rights and for any other purpose

Posts

Image of Posts
PostAppointmentRemoval
State Public Service CommissionGovernorPresident
HC JudgePresident in consultation with the CJI and the governor of the stateSame as SC judges

Taxes

Table of Taxes
LeviedCollectedAppropriatedExample
1.CentreStateStateStamp duty on some bills of exchange, Excise duty on some medicinal prep containing alcohol
2.CentreCentre/StateCentre/StateService Tax (88th amendment. Rule of appropriation decided by the Parliament)
3.CentreCentreStateSome taxes on inter-state trade
4.CentreCentreCentre + StateAll other taxes expect those mentioned above and below (division decided by the FC)
5.StateStateStateWealth, Sales, some excise etc
6.CentreCentreCentreSurcharges 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

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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