Judiciary Flashcards
1
Q
Judicial system of
India
USA
A
Integrated system
Double system of Courts in USA
2
Q
Indian judicial system adopted from
A
Govt of India Act of 1935
3
Q
SC was inaugurated on ?
A
28th January 1950
4
Q
Predecessor of SC ?
Whose jurisdiction is bigger ?
A
- Federal Court of India, est under GoI 1935.
- SC’s jurisdiction is bigger now than British Privy Council (wh b4 1950 was the highest court of appeal)
5
Q
Part and Articles of Judiciary ?
A
Part V
A124-147
6
Q
Total no of SC judges
-now and
-OG
Which laws prescribed these?
A
- Since 2019= 33 J + 1 CJI = 34 judges
By SC (No. of Judges) Act, 2019 - In 1950 = 7 J + 1 CJI= 8 judges
By Article 124 (1)
7
Q
How is the CJI appointed ?
What is the est convention?
A
Appointed by President after consulting judges of SC/HC he deems necessary.
Convention: Senior most SC judge appointed
Exceptions:
1. AN Ray 1973
2. MU Beg 1977
8
Q
Exceptions to the convention of appointing senior most judge as CJI ?
Can this happen again?
A
- AN Ray chosen over 3 senior most judges in 1973, who were skipped due to their opinion in K Bharti Case.
- MU Beg chosen over senior most judge HR Khanna in 1977, who was skipped due to dissenting opinion in ADM Jabalpur Case (Rt Life in Emergency)
- No, cant happen again. SC in Second Judges Case 1993 curtailed the govt’s discretion to skip this tradition.
9
Q
Can the govt appoint whoever it wants as the CJI?
A
No.
SC in Second Judges Case 1993 curtailed the govt’s discretion to skip tradition of app senior most judge of SC as CJI.
10
Q
How are other judges of SC and HC appointed?
A
OG article+ First Judges Case 1981
- By the President after consulting the CJI + other judges of SC/HC she deems necessary
- Said consultation doesn’t mean concurrence
- it means exchange of views
-thus advice of CJI not binding
Second Judges Case 1993
- reversed earlier ruling
- consultation means concurrence
- thus advice of CJI binding on the SC
- But CJI to consult 2 senior most judges
Third Judges Case 1998
- collegium system established
- 4 senior most judges to be consulted by CJI
- if 2 agn drop the recommendation.
- if CJI doesn’t follow the consultation process of ‘plurality of judges’ his advice not binding on the govt.
Fourth Judges Case 2015
- NJAC Act 2014 scrapped
- 99th CAA 2014 scrapped
- collegium system retained
11
Q
Qualifications of SC judges
A
- Citizen of India
- HC judge-5 Yrs or HC advocate - 10 yrs or distinguished jurist in opinion of President.
12
Q
Does the Constitution prescribe a minimum age for app as SC judge?
A
No.
Only conditions are
1. Citizen of India
2. HC judge-5 Yrs or HC advocate - 10 yrs or distinguished jurist in opinion of President.
13
Q
Who administers oath to SC judges?
A
President or some person app by her for this purpose.
14
Q
Who decides salaries of SC judges?
A
Parliament
15
Q
Can salaries of SC judges be changed to their disadvantage?
A
No, except during a financial emergency,
16
Q
Do SC judges get pension?
A
Yes, 50% of their last drawn salary
17
Q
Does the constitution prescribe a tenure for SC judges?
A
No, but says have to retire by 65. Any changes to be made by Parliament
18
Q
To resign whom do SC judges write to?
A
President
19
Q
How can the President remove a SC/HC judge?
A
by recommendation of the Parliament.
20
Q
How are SC judges removed ?
A
-By President based on an address presented by Parliament
- Parliament decides using special majority
- Motion shd be signed by
100 mem in LS
50 mem in RS - Speaker/Chairman may accept/ refuse motion
- if admitted constitute 3 mem body
- CJI/ SC judge
- CJ of HC
- ## distinguished jurist
21
Q
Can a President remove a judge on his own
A
No, only on basis of an address presented by the Parliament
22
Q
What majority req to impeach judge?
A
Special majority
23
Q
What establishes/ regulates the procedure for impeachment of a judge?
A
Judges Enquiry Act 1968
24
Q
Basis to remove a judge
A
- Proved misbehavior or
- Incapacity
25
Constitution uses which word for removal of judges?
Not impeachment.
Impeachment is used only for removal of President.
26
First case of impeachment (almost)
Justice V. Ramaswami (1991-93)
Enquiry committee found him guilty but LS did not pass the motion.
27
Acting CJI app by ?
When ?
By President
When CJI is
1. Vacant seat
2. Temp absent
3. Unable to perform
28
Ad hoc judges app when? and by whom?
Who can be app?
- Lack of quorum of permanent SC judges for any session of SC ( app for temp period ).
- App by CJI on previous consent of President & after consultation of CJ of HC
- A Judge of HC who is qualified for app in SC is app.
29
Retired judges are reappointed in SC by whom, for how long, allowances, nature of app?
- App by CJI on previous consent of President and the concerned judge.
- for a temporary period
- Allowances determined by President
- enjoy jurisdictions of SC
- otherwise not considered as judge of SC.
30
Who appoints ad hoc judges?
CJI on previous consent of President & after consultation of CJ of HC
31
Are Ad hoc judges permanent?
No.
App only for temp period by CJI.
32
Duty of ad hoc SC judge is to
give priority to SC work over other work.
33
Jurisdiction of SC ad hoc judge
Same as of a SC judge.
34
Seat of SC ?
- Delhi
- But CJI authorized to appoint other places as seat of SC after approval of President
Optional provision.
35
A143 cases decided by how many judges
5 judges bench.
36
Independence of judiciary ensured by?
- Mode of app
- Security of Tenure
- Fixed service conditions
- Expenses charged on consolidated fund
- Conduct of judges cannot be discussed
- Ban on practices after retirement
- Power to punish for its contempt
- Freedom to appoint its staff
- its jurisdiction cannot be curtailed.
37
Do judges hold office during the pleasure of the President since they are app by him ?
No.
Est procedure of removal.
38
Salaries of judges charged on
CFI.
Not votable by Parlia but can be discussed by it.
39
Can conduct of judges be discussed ?
By whom?
Exceptions?
No.
Neither in Parlia nor in state leg.
Only when there's an impeachment motion.
40
Ban on practice by retired judges where?
Within territory of India.
41
Can Parliament curtail the SC's jurisdiction?
No.
It can only extend it- A32.
42
Titles given to SC
- guardian of constitution
- guarantor of FRs
- final interpreter of C
43
Who said
'The Supreme Court of India has more powers than any other Supreme Court in any part of the world'?
Alladi Krishnaswamy Ayyar
44
Jurisdictions of SC acronym
[ORACO- RAW]
- Original
- a court of Record
- Appellate
- Constitutional interpretation
- Other powers
- power of judicial Review
- Advisory/Consultative
- Writ
45
Exclusive jurisdiction means
No other court can decide such disputes
46
Original jurisdiction means
Power to hear such disputes in the first instance, not by way of appeal.
47
Exclusive original jurisdiction of SC conditions
1. Question on existence or extent of a legal right
2. No suit by private citizen against centre or state
48
Original Jurisdiction of SC doesn't include what ?
1. Instrument signed b4 commencement of C or wh states this jurisdiction doesn't extend to it.
2. Inter State River Water Dispute
3. Fin comm
4. Adjustment of expenses & pensions bw centre/ states
49
First suit agn UoI under original jurisdiction of SC?
1961
West Bengal agn Centre- Coal Bearing Areas (Acquisition and Dev) Act, 1957.
50
What excluded the SC's OG jurisdiction over Inter State River Water Disputes?
Inter State River Water Disputes Act of 1956
51
Writ jurisdiction of whom is wider?
HC's as its for enforcing FR + Other purposes.
52
Writ jurisdiction of SC is exclusive original ?
No its not exclusive.
Only original.
Its exclusive original only for federal issues.
53
For FR who has exclusive original jurisdiction?
No one.
For FR both SC & HC have only original jurisdiction, ie aggrieved indv can approach any of the two,
54
Which parties are involved in cases that use SC's exclusive original jurisdiction?
Units of federation (Centre and States).
55
Can Parliament extend SC's writ jurisdiction to include "issue writs for other purposes" ?
Yes.
56
Appellate Jurisdiction classification
Appeals in
1. Const matters- substantial question has been wrongly decided
2. Civil Matters - sub question of law of gen imp and needs to be decided by SC. Originally, only cases abt 20k or more. But this limit was removed by 30th CAA 1972.
3.Criminal Matters- when HC takes case from sub court/ own case and reverses acquittal and sentences death (here appeal is a matter of right) or certifies case fit for appeal to SC.
- if HC has reversed conviction and ordered acquittal - appeal to SC is not a matter of right.
4. by Special leave
57
30th CAA 1972 removed what limit on civil appellate jurisdiction of SC?
Limit of 20k and more.
58
If HC has reversed conviction and ordered acquittal then
(Criminal matters appellate jurisdiction of SC)
appeal to SC is not a matter of right.
59
When did Parliament extend the Criminal Appellate Jurisdiction of SC ? to what?
1970.
From
1. Reversal of acquittal and instead sentencing death for its own cases
2. Case taken from sub courts & sentencing death
to
1. Reversal of acquittal and sentencing of life imprisonment/ 10 years for its own cases
2. Case taken from sub courts & sentencing of life imprisonment/ 10 years
60
Special leave to appeal of SC is
SC discretion to grant spl leave to appeal from
- any judgement
- abt any matter
- passed by any court/ tribunal in the country
- except military tribunals and court martials
61
What grants SC plenary jurisdiction to hear appeals?
A136- Appeal by Special Leave
62
Exceptions to appeal by special leave of SC
military tribunals and court martials
63
Advisory Jurisdiction?
components ?
which component is mandatory?
is it a judicial pronouncement?
article?
President seeks opinion of SC on two matters-
1. question of law or fact of pub imp that has arisen or is likely to arise,
2.Dispute arising out of pre-Const instruments which is excluded from original jurisdiction of SC.
- SC can refuse the first case
-'Must' give opinion in second case
- Both cases opinion is advisory, not a judicial pronouncement. Hence not binding on President.
A143
64
So far President has made how many references to SC under its advisory jurisdiction (A143) ?
15
65
Court of Record (SC) means what two things
1. Judgements recorded for perpetual memory and testimony. Legal precedents and legal references. Have evidentiary powers.
2. Contempt of court power of SC (agn contempt of SC, HC & sub court and tribunals in 1991)
66
Committee formed to examine law of Contempt of Court ? When?
What law was made based on its recomm?
Provisions of the act?
- HN Sanyal Committee, 1961.
(Add Solicitor Gen of India).
Report submitted in 1963.
- Contempt of Courts Act 1971
67
Contempt of Courts Act 1971based on which committee
HN Sanyal Committee 1961
68
Contempt of Courts Act 1971 provisions
- CoC maybe civil or criminal
- Civil contempt= wilful disobedience to order/
breach of undertaking given to court
- Criminal contempt=
1. Scandalizing/lowering authority of court
2. Prejudices/interferes w/ due course of judicial proceeding
3. Interferes/ obstructs admin of justice
- CoC punishable w/ simple imprisonment for term of 6 months/ fine up to 2k/ both.
- No proceeding agn CoC after expiry of 1 year.
- Not applicable to Nyaya Panchayats/ other village courts.
(Following don't count as CoC-
1. Innocent publication/distribution of accurate report of judicial proceedings and
2. Fair criticism of judicial acts )
69
What doesn't count as Contempt of Court?
1. Innocent publication/distribution of accurate report of judicial proceedings and
2. Fair criticism of judicial acts.
70
Define Judicial Review
Power of Supreme Court to examine the
-constitutionality
-of legislative enactments and
-executive orders
-of both the Central and state governments.
71
Review Jurisdiction allowed when
1. Discovery of new and imp matter/evidence
2. Mistake on face of record
3. Other sufficient reason
72
Time limit to file review petition?
30 days from date of announcement of judgement/order.
73
What is the review jurisdiction of SC?
Power to review its any judgement/order made by it.
74
Review petition to be submitted to whom?
Same judge/bench who delivered that judgement/order.
75
What can the SC do with a review petition?
1. Dismiss it
2. Direct notice to opp party
3. After dismissal can reconsider via curative petition on limited grounds like
- violation of nat justice
- gross miscarriage of justice
- prevent abuse of process of court
- bias of judge
76
Curative petition filed on what limited grounds?
After dismissal of a review petition, SC can reconsider via curative petition on limited grounds like-
- violation of nat justice
- gross miscarriage of justice
- prevent abuse of process of court
- bias of judge
77
While interpreting the C which doctrines does SC use ?
Doctrine of
1. Severability
2.Waiver
3.Eclipse
4.Territorial Nexus
5.Pith and Substance
6. Colourable Legislation
7. Implied Powers
8. Incidental and Ancillary powers
9. Precedent
10. Occupied Field
11. Prospective Overruling
12. Harmonious Construction
13. Liberal Interpretation
78
OFU: SC is the ultimate interpreter of
Spirit, contents of and verbiage used in the constitution.
79
Other powers of the SC
1. Original, exclusive and final authority over disputes regarding election of President and vice president.
2. Inquiry into conduct and behaviour of the chairman and members of UPSC/ SPSC/ JSPSC on a reference made by president & advice binding on president
3. Authorised to withdraw cases pending before high courts and dispose them. And transfer cases between high courts.
4. Its law is binding on all courts in India. Its decree is enforceable throughout the country.
All authorities (civil and judicial) should act in aid of the Supreme Court.
5. Power of judicial superintendence and control over all courts and tribunals functioning in the country.
80
Can the SC's jurisdiction w.r.t. matters in union list be enlarged by the parliament?
Yes.
81
Can the jurisdiction of the Supreme Court be enlarged w.r.t. matters in the state and concurrent list by an agreement between the centre and the states?
Yes.
82
Differences bw Ind and American Judiciary
Ind
- Original jurisdiction-federal cases
- Appellate jurisdiction - constitutional civil criminal cases
- Special leave
- Advisory jurisdiction
- Judicial Review limited scope
- Procedure established by law
- Powers can be enlarged by parliament
- Integrated judicial system grants
superintendence over other courts
USA
- Original jurisdiction- federal cases + relating to naval forces, maritime activities, ambassadors, etc.
- Appellate jurisdiction confined to constitutional cases only
- No plenary power like special leave.
- No advisory jurisdiction
- Scope of judicial review wide
- Due process of law
- Jurisdiction limited to that conferred by Constitution
- Double or separated judicial system. No superintendence over other courts.
83
A124
84
A124A
85
A125
86
A126
87
A127
A
88
128
89
A129
90
A130
91
A131
92
A133
93
A134
94
A136
95
A137
96
A138
97
A141
98
A143
99
How many High Courts are there /
25
100
3 Earliest HC set up under Indian High Courts Act 1861 were
1862- Calcutta, Bombay and Madras
Later 1866- HC in Allahabad
101
Which act authorized Parliament to est common HC's
7th CAA 1956
102
How many HC's have common jurisdiction
3
103
Can HC extend and exclude jurisdiction of HC from a UT?
Yes
104
HC's Part and Articles
Part VI
Articles 214-231
105
Only UT to have a separate HC
Delhi
106
Does C mention the number of HC judges
No. To be decided by President from time to time.
107
How are SC and HC judges selected ?
CJI appointment:
President consults SC judges + HC that she deems necessary.
SC judges appointment/ SC Collegium system:
President gets concurrence of CJI who must consult a collegium of 4 senior most judges of SC.
Earlier :
President to consult CJI + (SC judges + HC judges he deems necessary)
CJ of HC appointment:
President + Gov + CJI
HC judges appointment:
President + Gov + CJI + CJ of HC
108
Second Judges Case 1993 on appointment of HC judges said
HC judges app shd be in conformity of the CJI
109
Third Judges Case 1998 on appointment of HC judges said
CJI shd consult a collegium of 2 senior most SC judges before app of HC judges.
Thus sole opinion of CJI doesn't constitute consultation process.
110
Principle on which CJI is selected
Seniority principle.
Seniority based on date of appointment not age.
111
Does Seniority Rule Violate Article 124?
No.
-The President still formally appoints the CJI.
-The process follows constitutional convention.
-The Supreme Court has upheld this practice to ensure transparency.
112
does the C constitute a collegium system
Not in the Constitution—Evolved through SC judgments.
113
Who Forms the SC and HC Collegium?
🔹 Supreme Court Collegium (For SC & HC judges)
Chief Justice of India (CJI) + 4 senior-most SC judges.
🔹 High Court Collegium (For HC judges)
Chief Justice of the HC + 2 senior-most HC judges.
114
📌 What Does the Collegium Do?
✅ SC Collegium appoints SC judges & transfers HC judges.
✅ HC Collegium recommends HC judges (approved by SC Collegium).
✅ The President formally appoints judges after government review.
115
📌 Does the Government Have a Role?
Yes, but limited!
✅ Government can send back names for reconsideration once.
✅ If the Collegium reiterates the name, the Government must approve it.
116
Step-by-Step Appointment Process of a HC judge
1️⃣ HC Collegium Recommends Names
HC Collegium (CJ + 2 senior-most judges) selects candidates.
Recommendations sent to State Government & Governor.
2️⃣ Governor & State Govt Review
Governor forwards recommendations to the Union Law Ministry.
State CM may give inputs (but cannot reject).
3️⃣ Supreme Court Collegium Reviews
CJI + 4 senior-most SC judges examine the recommendations.
If approved, names are sent to the Union Government.
4️⃣ Union Government Processes the Names
Law Ministry reviews, seeks IB (Intelligence Bureau) background checks.
Can send back a name once for reconsideration.
5️⃣ President of India Appoints the Judge
If the SC Collegium reiterates a name, the Government must approve it.
The President issues the appointment order.
117
📌 How Can SC Collegium Overrule the HC Collegium?
.
🔹 The HC Collegium (Chief Justice of HC + 2 senior-most judges) recommends names for appointment as HC judges.
🔹 The SC Collegium (CJI + 4 senior-most SC judges) reviews these recommendations and can:
✅ Approve → Send the names to the Government for processing.
❌ Reject → Drop a name if they find the candidate unsuitable.
🔄 Modify → Replace a recommended name or suggest a different candidate
118
📌 Can the SC Collegium Recommend a Completely New Person?
✅ Yes! The SC Collegium can:
Reject all HC Collegium recommendations and suggest new names.
Select an entirely different candidate who was not originally proposed.
Send names directly to the Government for approval.
119
How are judges bg verified?
✅ Verification is done through Intelligence Bureau (IB), Law Ministry, and informal consultations.
✅ The HC Collegium has no authority to review or challenge new names chosen by the SC Collegium.
120
📌 Who Transfers HC Judges?
🔹 Supreme Court Collegium (CJI + 4 senior-most SC judges).
🔹 The High Court Collegium has NO role in transfers.
🔹 The President of India issues the transfer order, based on SC Collegium’s recommendation.
121
📌 Step-by-Step Transfer Process
1️⃣ SC Collegium Initiates Transfer
The CJI + 4 senior-most SC judges decide on transferring an HC judge.
No consent is needed from the judge or the HC Collegium.
2️⃣ Consultation with the Affected Judge
The concerned HC judge is informed and given an opportunity to express their views.
However, the judge cannot refuse the transfer.
3️⃣ Government Reviews & President Approves
The Law Ministry processes the recommendation.
The President of India formally approves & issues the transfer order.
4️⃣ New High Court Assignment
The judge must join the new HC, and the transfer is final.
122
Features of Collegium system?
🔹 No fixed schedule – The Collegium meets as needed.
🔹 Handles:
✅ Appointment of SC and HC judges.
✅ Transfer of HC judges.
✅ Elevation of HC judges to SC.
🔹 Meetings are held periodically based on pending vacancies and judicial needs.
🔹 No permanent office or secretariat – It works through internal consultations among senior judges.
123
📌 Composition of NJAC
👥 Total: 6 Members
1️⃣ Chief Justice of India (CJI) – Chairperson
2️⃣ Two senior-most Supreme Court judges
3️⃣ Union Law Minister
4️⃣ Two Eminent Persons (Nominated by CJI, PM, and Leader of Opposition)
Required a majority vote (4 out of 6 members) for appointments.
Veto power – Any two members could reject a candidate.
124
📌 Why Was NJAC Struck Down?
⚖️ SC Verdict in 2015 (4:1 Judgment) – Unconstitutional!
❌ Violated judicial independence (Article 50).
❌ Allowed the executive too much influence over judge selection.
❌ Threatened separation of powers (Executive-Judiciary conflict).
125
Which CAA est NJAC
99th CAA of 2014
126
Parallels of collegium in USA and UK
United States:
- President nominates, Senate confirms
- Like NJAC (Executive & Legislative involvement)
United Kingdom:
- Judicial Appointments Commission (JAC) selects judges
- Like NJAC (Independent body with govt. input)
127
Comparison bw collegium and NJAC
Est by
Composition
More Power?
Transparency
Executive role
Veto power
Final Authority
Struck down?
Judicial independence
Status
System:
- Collegium System
- NJAC (2014-2015)
Established By:
- SC judgments (1993, 1998)
- 99th Constitutional Amendment (2014)
Composition
🏛 SC Collegium: CJI + 4 senior-most SC judges
👥 6 Members: CJI, 2 SC Judges, Law Minister, 2 Eminent Persons
Who Has More Power?
🏛️Judiciary (Judges appoint judges).
🔁Shared power (Judiciary + Executive + Eminent Persons)
Transparency
❌ Opaque process (No written criteria, decisions made internally)
✅ More transparent (Multi-member voting, external checks)
Executive Role
🚫 No role (Govt. only approves names)
✅ Law Minister involved, can influence appointments
Veto Power?
❌ No veto (Govt. can only delay, not reject)
✅ Any 2 NJAC members could veto a candidate
Final Authority?
🏛 Supreme Court Collegium
✅ NJAC (Majority vote needed for approval)
Struck Down?
❌ No, still in use
✅ Yes, in 2015 (SC ruled unconstitutional)
Judicial Independence?
✅ Fully independent but self-regulated
❌ Compromised (Executive influence)
Status Today
✅ Active
❌ Abolished
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131
132
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