Judiciary Flashcards
Which Articles empower the Supreme Court and High Courts to issue writs?
Article 32 (Supreme Court) and Article 226 (High Courts).
What are the five types of writs mentioned in the Indian Constitution?
Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto.
What is the primary purpose of the writ of Prohibition?
To prevent a lower court or tribunal from exceeding its jurisdiction or acting contrary to natural justice.
Against which bodies can the writ of Prohibition not be invoked?
Legislative bodies, administrative bodies, and private individuals/bodies.
The Contempt of Courts Act, 1971 was passed pursuant to the report of which committee?
Sanyal Committee (1961).
Does the Constitution define the expression ‘contempt of court’?
No.
Which Article empowers the Supreme Court to initiate contempt cases on its own?
Article 129.
What is the difference between a lawyer and an advocate?
A lawyer has a law degree; an advocate is a lawyer whose name is entered on the state roll maintained by a state bar council and is a member of a Bar Association.
Can a person who is a full-time salaried employee of a government or corporation practice as an advocate?
No.
Which statutory body visits and inspects universities/law colleges to promote legal education standards in India?
Bar Council of India.
What does the writ of Mandamus literally mean?
‘We command’.
Against whom can the writ of Mandamus be issued?
Public office/official, public body, corporation, inferior court, tribunal, or government.
Against whom can the writ of Mandamus not be issued?
Private individuals/bodies, President/Governors, Chief Justice of High Court acting judicially, to enforce non-statutory instructions or discretionary duties.
What does the writ of Quo Warranto literally mean?
‘By what authority or warrant’.
For what type of office can the writ of Quo Warranto be issued?
Substantive public office of a permanent character, created by statute or the Constitution (not ministerial or private office).
Who can seek the writ of Quo Warranto?
Any interested person (not necessarily the aggrieved person).
Can the Chief Justice of India request a retired Supreme Court or High Court judge to act as a Supreme Court judge?
Yes, for a limited time with the prior approval of the President and the consent of the judge concerned.
Is the power of a High Court to review its own judgment derived directly from the Constitution like the Supreme Court’s (Art 137)?
No, the High Court’s power arises from interpretation of Article 226, while the Supreme Court’s power is explicit in Article 137.
Which amendment put the election of the President, VP, PM, and Speaker beyond judicial review (later struck down for President/VP)?
39th Constitutional Amendment Act, 1975.
Which proposed body (later struck down by SC) was intended to replace the collegium system for appointing judges?
National Judicial Appointments Commission (NJAC) (proposed by 99th Amendment).
On what grounds can a Supreme Court judge be removed?
Proved misbehaviour or incapacity (Article 124).
What majority is required in each House of Parliament to pass an address for the removal of a Supreme Court judge?
Majority of the total membership of the House AND majority of not less than two-thirds of the members present and voting.
