day 8 supreme court Flashcards
initially how many judges in sc
7 judges and 1 cji
how many judges in sc now
34 including cji
who has power to increase sc judges
parliament
highest judicial officer?
cji
who allocates work to sc judges
cji
under which article president appoints a judge of supreme court when cji seat is vacant
126
cji is appointed by the president after consultation with?
judges of the sc and hc as he deems necessary
with which case was collegium system estt
second judges case 1993
when was first judges case
1982
difference between second and third judges case ruling
2nd jc 1993: estt collegium system. cj consult 2 judges.
3rd jc 1998: cj consult 4 judges with min 2 supporting cj’s recommendation
in both cases the advice was binding
for sc judge quali, how many years a judge of hc?
5
or two such courts in succession
for sc judge quali, how many years an advocate of hc
10 years
or two or more in succession
minimum age limit for a sc judge
no limit
ground for impeachment of sc judge
proven misbehaviour or incapacity
where in the constitution “impeachment” word is used
nowhere
which act regulates the procedure of impeachment of judge
judges enquiry act (1969)
minimum members of ls and rs for removal of judges support
100 members in ls
50 in rs
who constitutes a committee for impeachment process of judge? how many members in committee
presiding officer/chairman of ls or rs constitutes a 3 members inquiry committee
who are the 3 members of inquiry committee of judge impeachment
important
cji/sc judge
hc cj
a distinguished jurist is to probe the charges
what kind of majority for judge impeachment
both houses with a special majority in the same session
baad me convince nahi kar sakte
usi session me karo
only case of impeaching a judge which failed due to lack of majority?
justice vs ramaswamy (1991-1993)
ad hoc hc judge article?
127
i hc jugadoo
1 2 7
ad hoc judge whose consent
president and consultation with cj of the hc concerned
temporary retd judge for sc article?
128
i sc retarded
who determines allowances of retd temp sc judge undr art 128
president
who is authorised to appoint other places than delhi for sc seats?
cji with approval of the president
procedure of the court regulated by
sc itself with approval of president
minimum judges bench under art 143? generally?
143 article me 5 minimum judges bench (constitutional cases)
generally minimum 3 judges bench
only exception to the fixed service conditions for sc?
in a financial emergency can be changed
which expenses of sc are charged on the consolidated fund of india
salaries, allowances, and pensions of the judges and the staff as well as all the administrative expenses of the sc
what prohibits the discussion of the conduct of judges
the constitution itself
exception to discuss the conduct of judges
when an impeachment motion is under consideration
original jurisdiction of sc article
131
original jurisdiction between which
centre vs state
center vs states
state vs state
exclusive jurisdiction means?
no other court can decide such disputes
original jurisdiction means?
the power to hear such disputes in the first instance, not by way of appeal
adjustment of certain expenses between union and the state article
290
provisions excluded from original jurisdiction mentioned in which article
363(1)
writ jurisdiction of sc article
32
in which case hc case judgement appellate jurisdiction doesnt go to sc
if hc has reversed trhe order of conviction and has ordered the acquittal of the accused
baat hi khatm ho gayi
sc taking a case from hc in “matter of light” meaning?
i.e. without any certificate of the hc
compulsion for sc to give advice under 143?
not compulsory if for law or a question of fact
compulsory when pres is asking regarding disputes arising out of any treaty, agreement etc
records kept in sc are recognized as?
legal precedents and legal references
extension of contempt power of sc
itself
all hc, subordinate courts and tribunals functioning in the entire country
what is civil contempt of cort
willful disobedience to any judgement, order, writ or other process of a court or willful breach of an undertaking giver ot a court
what is criminal contempt of curt
publication of any matter or doing an act which scandalizes of lowers the authority of a court or prejudices or interferes with the due course of a judicial proceeding or interferes or obstructs the administration of justice in any other manner
ultra vires are?
laws inconsistent with or violative of the constitution
what is known as the interpretational and observer roles of the indian judiciary
judicial review
in which case was judicial review made part of basic structure of constitution
indira gandhi vs raj narain case 1975
without complaint, which instruments have enabled sc to intervene in public issues
PIL
suo moto cases
discontinuation of the principle of locus standi
which article for judicial review of the pre constitutional legislation
372(1)
inconsistency between state and union law state law would be void article
251 and 254
special power to sc to review any judgement pronounced or order made by itself
137
who has the original, exclusive and final authority in disputes regarding the election of the president and the vp
supreme court
sc enquires into actions of upsc recco of?
president
with which case the concept of PIL emerged for the first time
mumbai kamgar sabha case where justice krishna iyer in 1976 allowed petition even if the litigant had no locus standi in case
who gave momentum to the PIL movement
justice bhagwati
last 5 cji before dy chandrachud
44th jagdish singh khehar
45 dipak misra
46 ranjan gogoi
47 sharad arvind bobde
48 nuthalapati venkata ramana
49 uu lalit
38th caa president ordinance power removed through?
44th caa 1978
