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INDIAN POLITY > 36.Judiciary 2 > Flashcards

36.Judiciary 2 Flashcards

1
Q

What is the role of the Collegium?

A

The Collegium practically does the appointment and transfer of judges.

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2
Q

How did the Collegium system evolve?

A

The Collegium system has evolved through judgments of the Supreme Court.

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3
Q

Why was the Collegium system established?

A

The Collegium system was established to maintain the separation of powers and take away the power of Parliament to appoint judges.

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4
Q

What does the Collegium do in relation to judges’ appointments?

A

The Collegium prepares the list of judges to be appointed to the Supreme Court and High Court.

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5
Q

Who makes the decision on the appointment of judges?

A

The decision on the names of judges is taken by the Chief Justice of India (CJI) and the four senior-most judges of the Supreme Court on a consensus basis.

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6
Q

How is the seniority of judges determined?

A

There is no provision in the Constitution to decide on seniority, so it is determined based on the date of joining the court.

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7
Q

What governs the appointment of the Chief Justice of India (CJI) and judges of the Supreme Court?

A

The appointment of the CJI and judges of the apex court is governed by a Memorandum of Procedure.

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8
Q

Who appoints the Chief Justice of India (CJI) and judges of the Supreme Court?

A

The President appoints the CJI and judges of the Supreme Court under clause (2) of Article 124 of the Constitution.

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9
Q

How is the Chief Justice of India (CJI) selected?

A

The appointment to the office of the CJI should be of the senior-most judge of the Supreme Court considered fit to hold the office.

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10
Q

What role does the Union Law Minister play in the appointment process?

A

The Union Law Minister would, at an “appropriate time,” seek the recommendation of the outgoing CJI on his successor.

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11
Q

Who advises the President on the appointment of the Chief Justice of India (CJI)?

A

Once the CJI recommends a successor, the Law Minister forwards the communication to the Prime Minister, who advises the President on the appointment.

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12
Q

How does the appointment process work for Supreme Court judges?

A

In the case of an appointment of a Supreme Court judge, when a vacancy is expected to arise, the collegium recommends a candidate to the Union Law Minister.

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13
Q

What happens after the collegium recommends a candidate for a Supreme Court judge’s appointment?

A

After the receipt of the Collegium recommendation, the Law Minister forwards it to the Prime Minister, who advises the President in the matter of appointment.

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14
Q

What does the term “consultation” with the Chief Justice of India (CJI) require?

A

The term “consultation” with the CJI requires consultation with a plurality of judges in the formation of the CJI’s opinion.

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15
Q

Does the sole, individual opinion of the Chief Justice of India (CJI) constitute consultation?

A

No, the sole, individual opinion of the CJI does not constitute consultation.

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16
Q

With whom can the Chief Justice of India (CJI) make recommendations for the appointment of a Supreme Court judge or the transfer of a Chief Justice/puisne judge of a High Court?

A

The CJI can make recommendations in consultation with the four senior-most judges of the Supreme Court.

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17
Q

How does the consultation process work for recommendations regarding High Courts?

A

In the case of High Courts, the recommendation must be made in consultation with the two senior-most judges of the Supreme Court.

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18
Q

Do strong cogent reasons need to be recorded for departing from the order of seniority?

A

No, strong cogent reasons do not have to be recorded for a departure from the order of seniority. What needs to be recorded is the “positive reason for the recommendation.”

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19
Q

How should the views of the judges consulted be conveyed to the Government of India?

A

The views of the judges consulted should be in writing and should be conveyed to the Government of India by the CJI along with his own views.

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20
Q

Is the Chief Justice of India (CJI) obligated to comply with the norms and requirements of the consultation process?

A

Yes, the CJI is obliged to comply with the norms and requirements of the consultation process in making his recommendations.

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21
Q

Are recommendations by the Chief Justice of India (CJI) binding on the government without compliance with the consultation process?

A

No, recommendations by the CJI without compliance with the consultation process are not binding upon the government.

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22
Q

Under what circumstances is the transfer of High Court (HC) judges judicially reviewable?

A

The transfer of HC judges is judicially reviewable if the CJI made the decision without consulting the other four judges in the Supreme Court collegium or if the views of the Chief Justices of both High Courts involved in the transfer are not obtained.

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23
Q

Can the Chief Justice of India (CJI) act solely in his individual capacity for the non-appointment of a recommended judge?

A

No, the CJI is not entitled to act solely in his individual capacity without consulting other judges of the Supreme Court regarding materials and information conveyed by the Government for non-appointment.

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24
Q

Whom can the Chief Justice of India (CJI) consult regarding the appointment of a High Court judge to the Supreme Court or the transfer of a puisne judge?

A

The CJI can consult any of his colleagues on the appointment of a HC judge to the Supreme Court or the transfer of a puisne judge.

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25
Q

Is the consultation for appointments and transfers limited to colleagues who have occupied the office of a judge or Chief Justice of that particular High Court?

A

No, the consultation need not be limited to colleagues who have occupied the office of a judge or Chief Justice of that particular High Court.

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26
Q

What is one criticism of the Collegium system?

A

Critics argue that the system is non-transparent since it lacks any official mechanism or secretariat.

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27
Q

How is the Collegium system viewed in terms of transparency and selection procedure?

A

The Collegium system is seen as a closed-door affair with no prescribed norms regarding eligibility criteria or the selection procedure.

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28
Q

What is a consequence of the tussle among the government and collegium, and within the collegium itself?

A

Delayed appointments are a consequence of the tussle among the government and collegium, and within the collegium itself.

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29
Q

What is a criticism regarding the decision-making process of the Collegium?

A

There is no public knowledge of how and when a collegium meets and how it takes its decisions.

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30
Q

What is the concern of lawyers regarding the Collegium system?

A

Lawyers are usually unaware of whether their names have been considered for elevation as a judge.

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31
Q

What impact does the lack of transparency have on the representation of lawyers and district judges?

A

The lack of transparency has resulted in a low number of lawyers being elevated to the bench and fewer district judges being elevated to High Courts.

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32
Q

When was the Justice M N Venkatachaliah Commission formed, and what was its purpose?

A

The Justice M N Venkatachaliah Commission was formed in 1998-2003 to opine on whether there was a need to change the collegium system.

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33
Q

What was the recommendation of the Justice M N Venkatachaliah Commission?

A

The Commission favored a change and recommended the establishment of a National Judicial Appointments Commission (NJAC) consisting of the CJI, two senior-most judges, the Law Minister, and an eminent person from the public.

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34
Q

What was the focus of the NDA-II regime regarding judicial appointments?

A

The NDA-II regime made NJAC one of its priorities and swiftly cleared the constitutional amendment and NJAC Act.

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35
Q

Which constitutional amendment was introduced in relation to the NJAC?

A

The 99th Amendment was introduced, amending Article 124 and adding Articles 124A, 124B, and 124C.

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36
Q

What was the outcome of the constitutional amendment and the NJAC Act?

A

In 2015, a five-judge Constitution Bench declared the 99th amendment to the constitution and the NJAC Act as unconstitutional.

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37
Q

How many members were there in the National Judicial Appointments Commission (NJAC)?

A

The NJAC was composed of a total of six members.

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38
Q

Who served as the ex officio Chairperson of the NJAC?

A

The Chief Justice of India served as the ex officio Chairperson of the NJAC.

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39
Q

Which members of the Supreme Court were part of the NJAC?

A

Two senior-most Supreme Court Judges served as ex officio members of the NJAC.

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40
Q

Who was the ex officio member representing the Union Minister of Law and Justice in the NJAC?

A

The Union Minister of Law and Justice served as an ex officio member of the NJAC.

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41
Q

How were the two eminent persons from civil society selected for the NJAC?

A

The two eminent persons were nominated by a committee consisting of the Chief Justice of India, Prime Minister of India, and the Leader of Opposition in the Lok Sabha. One of the eminent persons had to be nominated from SC/ST/OBC/minorities or women.

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42
Q

What was the key outcome of the 1st Judges Case (SP Gupta)?

A

The 1st Judges Case established that consultation does not mean concurrence.

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43
Q

What happened in the 2nd Judges Case regarding the decision in the SP Gupta case?

A

In the 2nd Judges Case, the decision in the SP Gupta case was overruled. The primacy of the Chief Justice of India’s opinion was established, and the Collegium system was formed, consisting of the CJI and the two senior-most judges for Supreme Court appointments and the two senior-most judges of the High Court for High Court appointments.

44
Q

What was the key change introduced by the 3rd Judges Case?

A

The 3rd Judges Case expanded the Collegium system to include the Chief Justice of India and the four senior-most judges for appointments.

45
Q

What was the outcome of the NJAC Case?

A

In the NJAC Case, the Supreme Court ruled with a majority of 4:1 that the 99th amendment to the constitution and the National Judicial Appointments Commission (NJAC) Act were unconstitutional.

46
Q

What was the Master of Roster Issue Case in 2018 about?

A

The Master of Roster Issue Case in 2018 dealt with the issue of who has the authority to determine the allocation of cases in the court.

47
Q

What does the term “Master of the Roster” refer to?

A

“Master of the Roster” refers to the privilege of the Chief Justice to constitute Benches to hear cases.

48
Q

What was the ruling in the 2018 case regarding the authority of the Chief Justice as the Master of the Roster?

A

In the 2018 case, it was ruled that the Chief Justice is the master of the roster and has the prerogative to constitute Benches of the Court and allocate cases to those Benches.

49
Q

Can a judge take up a matter on their own without allocation by the Chief Justice?

A

No, according to the 2018 case ruling, no judge can take up a matter on their own unless it is allocated to them by the Chief Justice of India, as the Chief Justice is the master of the roster.

50
Q

Who is the Master of the Roster for the Supreme Court?

A

The Chief Justice of India is the Master of the Roster for the Supreme Court.

51
Q

Who is the Master of the Roster for the respective High Courts?

A

The Chief Justice of the respective High Courts is the Master of the Roster for their respective courts.

52
Q

What is charged on the Consolidated Fund of India according to Article 125?

A

The salaries, allowances, pensions of the judges and staff, as well as all administrative expenses of the Supreme Court, are charged on the Consolidated Fund of India.

53
Q

When is the Appointment of Acting Chief Justice done by the President?

A

The Appointment of Acting Chief Justice is done by the President when the office of Chief Justice of India is vacant, the Chief Justice of India is temporarily absent, or the Chief Justice of India is unable to perform the duties of his office.

54
Q

Who appoints an ad hoc judge and under what circumstances?

A

An ad hoc judge is appointed by the Chief Justice of India with the consent of the Chief Justice of the High Court and the President when there is a lack of quorum of the permanent judges to hold or continue any session of the Supreme Court.

55
Q

Can a retired judge be requested to act as a judge of the Supreme Court?

A

Yes, at any time, the Chief Justice of India can request a retired judge of the Supreme Court or a retired judge of a high court (who is duly qualified for appointment as a judge of the Supreme Court) to act as a judge of the Supreme Court for a temporary period.

56
Q

What is the significance of Article 129 in the Constitution of India?

A

Article 129 empowers the Supreme Court to be a Court of Record, meaning that its judgments, proceedings, and acts are recorded for perpetual memory and testimony.

57
Q

What power does Article 129 give to the Supreme Court?

A

Article 129 empowers the Supreme Court to punish individuals for contempt of court.

58
Q

According to Article 130, where is the seat of the Supreme Court located?

A

The Constitution declares Delhi as the seat of the Supreme Court.

59
Q

Can the Chief Justice of India appoint other places as seats of the Supreme Court?

A

Yes, the Chief Justice of India has the authority to appoint other places as seats of the Supreme Court, but only with the approval of the President.

60
Q

What recent suggestion has been made regarding the setting up of Supreme Court benches?

A

It has been suggested that the Supreme Court should establish its benches as a Court of Appeal in all regions, with the Delhi Supreme Court serving as the Constitutional court to hear constitutional issues.

61
Q

What is the subject matter of Article 131 in the Indian Constitution?

A

Article 131 deals with the original jurisdiction of the Supreme Court to decide disputes between different units of the Indian Federation.

62
Q

What types of disputes can the Supreme Court decide under Article 131?

A

The Supreme Court can decide disputes between:

*The Centre and one or more states.
*The Centre and any state or states on one side and one or more other states on the other side.
*Two or more states.

63
Q

What is the significance of the Supreme Court’s original jurisdiction under Article 131?

A

The original jurisdiction of the Supreme Court allows it to settle disputes of a federal nature between different units of the Indian Federation, ensuring the resolution of conflicts between the Centre and the states or among the states themselves.

64
Q

What is the basis for filing an appeal in the Supreme Court in constitutional matters?

A

An appeal can be made to the Supreme Court against the judgment of a high court if the high court certifies that the case involves a substantial question of law.

65
Q

Under what conditions can appeals be filed in civil matters in the Supreme Court?

A

Appeals can be filed in the Supreme Court from any judgment of a high court if the high court certifies that:
(i) the case involves a substantial question of law of general importance, and
(ii) the question needs to be decided by the Supreme Court.

66
Q

In what circumstances does the Supreme Court hear appeals in criminal matters?

A

The Supreme Court hears appeals against the judgment in a criminal proceeding of a high court if the high court:
(i) has reversed an order of acquittal of an accused person and sentenced him to death,
(ii) has taken before itself any case from any subordinate court and convicted the accused person and sentenced him to death, or
(iii) certifies that the case is a fit one for appeal to the Supreme Court.

67
Q

What is the authority of the Supreme Court in granting special leave to appeal?

A

The Supreme Court is authorized to grant, at its discretion, special leave to appeal from any judgment in any matter passed by any court or tribunal in the country, except military tribunals and court martial.

68
Q

What is the significance of Article 139 in the Indian Constitution?

A

Article 139 empowers the Supreme Court to exercise its writ jurisdiction for the enforcement of fundamental rights.

69
Q

What are the types of writs that can be issued by the Supreme Court under Article 139?

A

The Supreme Court can issue writs of:

*Habeas Corpus: To protect the individual’s liberty against unlawful detention.
*Mandamus: To compel a public official or authority to perform their duties.
*Prohibition: To prohibit a lower court from exceeding its jurisdiction or acting in an illegal manner.
*Quo Warranto: To inquire into the legality of a person’s claim to a public office.
*Certiorari: To quash or set aside the decision of a lower court or tribunal.

70
Q

What is the purpose of the writ jurisdiction under Article 139?

A

The writ jurisdiction of the Supreme Court aims to safeguard and uphold the fundamental rights of citizens by providing a legal remedy against violations or infringement of these rights.

71
Q

What is the jurisdiction of the Supreme Court as stated in the Indian Constitution?

A

The Supreme Court has exclusive original jurisdiction in disputes involving the Government of India and one or more states, or between different states, if the dispute relates to a legal right.

72
Q

What types of disputes fall under the original jurisdiction of the Supreme Court?

A

The original jurisdiction of the Supreme Court applies to disputes between the Government of India and states, disputes between the Government of India and one or more states against other states, and disputes between two or more states.

73
Q

Are disputes arising from treaties or agreements covered under the Supreme Court’s original jurisdiction?

A

No, disputes arising from treaties, agreements, covenants, engagements, sanads, or similar instruments that were entered into before the commencement of the Constitution and continue to be in operation are not covered under the Supreme Court’s original jurisdiction.

74
Q

Can private citizens file a civil lawsuit directly in the Supreme Court under Article 131?

A

No, private citizens cannot directly approach the Supreme Court under Article 131. This provision is generally used by governments or public authorities to resolve disputes among themselves.

75
Q

Are political questions entertained under the original jurisdiction of the Supreme Court?

A

No, the original jurisdiction of the Supreme Court does not extend to disputes of a purely political nature. It is limited to questions of law or fact on which the existence or extent of a legal right depends.

76
Q

Can the Supreme Court test the validity of a law under Article 131 of the Indian Constitution?

A

Yes, the Supreme Court can test the constitutionality of a law under Article 131 if the dispute involves a question on the existence or extent of a “legal right” and not a political one.

77
Q

What was the ruling in the 2011 State of MP v Union of India case regarding the validity of central laws?

A

In the case, the Supreme Court held that the validity of central laws can be challenged under Article 32 of the Constitution, not Article 131.

78
Q

Which provisions of the Constitution did the State of MP seek to challenge in the State of MP v Union of India case?

A

The State of MP sought to challenge certain provisions of the Madhya Pradesh Reorganisation Act, claiming that they violated Article 14 (Right to Equality) of the Constitution.

79
Q

Did all judges agree on whether Article 131 can be used to examine the constitutionality of a statute?

A

No, in the 2014 State of Jharkhand v State of Bihar case, a two-judge bench disagreed with the previous ruling and held that Article 131 can be used to examine the constitutionality of a statute.

80
Q

What is the condition for invoking the Supreme Court’s jurisdiction under Article 131?

A

The condition is that the dispute must involve a question on the existence or extent of a “legal right” and not a political question.

81
Q

What is the basis for challenging the validity of a law in court?

A

A law can be challenged if it exceeds the legislative competence of the authority that framed it, and the subject matter of the law falls outside the authority’s jurisdiction.

82
Q

What is the focus of Kerala’s petition regarding the violation of Fundamental Rights?

A

Kerala’s petition focuses on the violation of Fundamental Rights rather than the legislative competence of the Parliament.

83
Q

Can an individual challenge a law for the violation of their Fundamental Rights in the Supreme Court?

A

Yes, if an individual files a petition alleging a violation of their Fundamental Rights, the Supreme Court can examine the legality of the issue.

84
Q

What grounds can the Supreme Court use to test the validity of a law?

A

The Supreme Court can test a law if it is found to be ultra vires the Constitution, based on grounds such as doctrine of basic structure, pith and substance, and colorable legislation.

85
Q

Is the grant of special leave to appeal by the Supreme Court a matter of right?

A

No, the grant of special leave to appeal is a discretionary power of the Supreme Court and cannot be claimed as a matter of right.

86
Q

Can special leave to appeal be granted in any type of judgment?

A

Yes, special leave to appeal can be granted in any judgment, whether it is a final judgment or an interlocutory order.

87
Q

In what types of matters can special leave to appeal be granted?

A

Special leave to appeal can be granted in matters related to constitutional, civil, criminal, income-tax, labour, revenue, and advocates, among others.

88
Q

Can special leave to appeal be granted against any court or tribunal?

A

Yes, special leave to appeal can be granted against any court or tribunal, not necessarily limited to high courts, except for military courts.

89
Q

What is the significance of a special leave petition (SLP) in the Indian judicial system?

A

A special leave petition (SLP) holds a prime place in the Indian judicial system as it provides the aggrieved party with special permission to be heard in the Supreme Court in appeal against any judgment or order of any court or tribunal in the territory of India.

90
Q

Under what circumstances can an appeal through special leave petition (SLP) be made?

A

An appeal through special leave petition (SLP) can be made when a substantial question of law is involved or when gross injustice has been observed.

91
Q

What is the requirement for the judgment, decree, or order against which the appeal is made in a special leave petition (SLP)?

A

The judgment, decree, or order against which the appeal is made must have the character of judicial adjudication.

92
Q

What is the purpose of a special leave petition (SLP)?

A

A special leave petition (SLP) is a measure to ensure the principle of natural justice and provides an opportunity for the aggrieved party to be heard in the Supreme Court.

93
Q

In what types of cases can a Special Leave Petition (SLP) be granted?

A

A Special Leave Petition (SLP) can be granted in cases of civil, criminal, income tax-related cases, cases from various tribunals, and other types of cases.

94
Q

When can an SLP be filed?

A

An SLP can be filed within 90 days from the date of the judgment of the High Court. However, there is flexibility, and it can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to the Supreme Court.

95
Q

Can an SLP be filed when a High Court does not approve fitness for appeal to the Supreme Court?

A

Yes, an SLP can be filed when a High Court does not approve fitness for appeal to the Supreme Court.

96
Q

Is there a time limitation for filing an SLP?

A

Yes, there is a time limitation. An SLP should generally be filed within 90 days from the date of the judgment or within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal.

97
Q

Are there any exceptions to the time-frame for filing an SLP?

A

Yes, there is flexibility at the discretion of the Supreme Court to entertain an SLP filed beyond the prescribed time-frame.

98
Q

Who can file an SLP?

A

Ordinarily, a private party other than the complainant should not be permitted to file an SLP. The aggrieved party or the party seeking special leave can file the SLP.

99
Q

What is the purpose of filing an SLP?

A

The purpose of filing an SLP is to seek permission from the Supreme Court to appeal against a judgment or order of the High Court and to review the decision in a higher court.

100
Q

What is the significance of the certificate of fitness for appeal to the Supreme Court?

A

The certificate of fitness for appeal to the Supreme Court is a requirement from the High Court to establish the eligibility of the case for consideration in the Supreme Court. If the High Court refuses to grant the certificate, an SLP can be filed to challenge that decision.

101
Q

What is the power of the Supreme Court under Article 137?

A

The Supreme Court has the power to review any judgment pronounced or order made by itself. This power is known as judicial review.

102
Q

Can the Parliament curtail the jurisdiction and powers of the Supreme Court?

A

No, the Parliament is not authorized to curtail the jurisdiction and powers of the Supreme Court. The Constitution guarantees various kinds of jurisdiction to the Supreme Court, and the Parliament can only extend it.

103
Q

What does Article 141 state?

A

Article 141 states that the law declared by the Supreme Court shall be binding on all courts within the territory of India. It ensures uniformity of justice throughout the country.

104
Q

What is the purpose of Article 142?

A

Article 142 empowers the Supreme Court to pass decrees or make orders to ensure complete justice in any pending cause or matter before it. These decrees or orders are enforceable throughout the territory of India. Additionally, it grants the Supreme Court the power to issue orders related to discovery of documents, investigation or punishment of contempt.

105
Q

What is the scope of the Supreme Court’s power under Article 142?

A

The Supreme Court’s power under Article 142 is wide-ranging and allows it to pass orders or decrees to address the specific requirements of a case and ensure justice is served.

INDIAN POLITY (40 decks)

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