Judicary Flashcards
What is the rule of law?
All individuals, rich and poor, men or women, forward or backward classes are subjected to the same law.
What is the principal role of judiciary?
To protect rule of law and ensure supremacy of law. The judiciary also safeguard the rights of individuals, settles disputes in accordance with the law and, ensures democracy does not give way to dictatorship.
Independence of judiciary means?
- Other organs of the government must not restrain the functioning of the judiciary in such a way that it is unable to do justice.
- Other organs should not interfere with the decisions of judges.
- Judges must be able to perform their functions without any fear or favour.
How can independence of judiciary be provided and protected?
- Legislature is not involved in process of appointment of judges. To be a judge, you must have experience as a lawyer or be well versed in law.
- Judges have a fixed tenure. They hold office till age of retirement. In very rare cases, judges may be removed. They have security of tenure. This ensures them to function without fear or favour.
- Constitution prescribe very difficult procedure for removal of judges.
- Judiciary is not financially dependent on legislature or executive.
- Judiciary has power to penalise those found guilty of contempt of court.
- Parliament cannot discuss conduct of judges, except when proceeding to remove a judge is being carried out.
Appointment of judges?
Council of ministers, Governor’s chief minister and CJI all influence the process of judicial appointment. Convention is that senior most judge of Supreme Court will be appointed as next CJI (however, this has been broken twice).
Other judges of SC and HC are appointed by President after consulting with the CJI. CJI should recommend names of persons to be appointed in consultation with four senior most judges of the court.
When CJI recommends names of persons to be appointed in consultation with four senior most judges of court, what is this called?
Principal of collegiality
_________ has powers for removal of judges
Legislature
What two criteria must be fulfilled in order to remove judge?
- High Court or Supreme Court judges can only be removed on the grounds of proven, misbehaviour or incapacity.
- Motion containing charges against judge must be approved by special majority from both the houses.
Structure of judiciary in India is _____
Pyramidal
What is structure of judiciary in India?
- Supreme Court of India.
- High Court.
- District court.
- Subordinate court.
Four pointers of Supreme Court of India.
- Its decisions are binding on all courts.
- It can transfer judges of High Court.
- Can move cases from any court to itself.
- Can transfer cases from one High Court to another.
High Court four pointers
- Can hear appeals from lower courts.
- Can issue writs
- Can deal with cases within the jurisdiction of the state.
- Can supervise and control lower courts.
District court, 3 pointers
- Can hear appeal from lower courts.
- Deals with cases in the district.
- Decides cases involving serious criminal offences.
Subordinate court, 1 pointer?
considers cases of civil and criminal nature
What are four jurisdiction of Supreme Court?
- Original jurisdiction.
- Writ Jurisdiction.
- Appellate jurisdiction.
- Advisory jurisdiction.
What is original jurisdiction?
This means that Supreme Court has the power to directly hear certain cases without them first going to lower courts.
Supreme Court acts as an umpire in all disputes regarding federal matters. Disputes between union and states or states themselves are resolved by the Supreme Court. In such cases, Supreme Court not only settles the disputes but also interprets the power of union and state government.
What is writ jurisdiction?
If an individual’s fundamental rights have been violated, they can directly move to the Supreme Court for remedy. It is up to the individual whether they want to go to High Court or Supreme Court.
_________ is the highest court of appeal
Supreme Court
What is appellate jurisdiction?
A person can appeal to Supreme Court against the decisions of High Court. However, High Court must certify that the case is fit for appeal. Supreme Court has the power to decide whether to admit appeals, even if the appeal is not allowed by the High Court. High Court also has Appellate jurisdiction over decisions given by courts below it.
What is advisory jurisdiction?
President of India can refer any matter of public importance or one which includes interpretation of constitution to the Supreme Court for its advice. Supreme Court is not bound to give advice. This allows the government to have a legal opinion on a matter and also allows government to make suitable changes if required.
What do you mean by PIL?
In 1979, the court decided to hear a case where the case was not filed by the aggrieved person, but by others on their behalf. Such cases involve consideration of an issue of public interest, hence it is called public interest litigation.
What is the most important vehicle of judicial activism?
Public interest litigation
What are the demerits of PIL?
- Overburden the court.
- Blurred the line of distinction between executive and legislature on one hand and judiciary on the other.
- Has made the balance among three organs, very delicate.
What are the two ways to protect rights?
- In case of violation of fundamental rights WRITS
- Declare the law as unconstitutional and therefore non-operational.
What is the most important power of Supreme Court?
Judicial review
What do you mean by judicial review?
This is the power of Supreme Court or High Court to examine the constitutionality of any law.
If a law is inconsistent with provisions of Constitution, it is declared UNCONSTITUTIONAL AND INAPPLICABLE
Judicial review is mentioned in Constitution. True or false?
False
Parliament ________, executive_______, the judiciary_________
Parliament makes laws and amend constitution. Executive implements laws. Judiciary settles disputes and decides whether laws have been made in accordance to the provisions mentioned in the Constitution.
What ruling did court give after the Keshavnanda Bharti case?
The court ruled that there is a basic structure of constitution, and nobody can violate the basic structure.
- It said right to property was not part of basic structure
- supreme Court has authority to determine whether various matters are part of basic structure or not
