Supreme Court Flashcards
4 cases evolution of process of appt of judges
Sp gupta vs uoi
Sc advocates on record case
Re: presidential reference case
Sc aor vs uoi
Sc aor case 1st what
- Opinion of cj greatest wt
- Cji+2
- Seniority -cji
Sc aor vs uoi 99th
- Inadequate judicial represent
- Against sop and inde
- Institutional significance of cji
- Primacy to judiciary
4 cases for transfer of judges
- Sp gupta vs uoi - cg not absolute power, public interest, effective consultation with cji
- Advocate on record- it shouldn’t be punitive
- Re : cji+2 and any other judges of sc
- Ashok reddy case - judicial review, but locus standi only for judges who transfered
Removal of judges act
Judges inquiry act 1968
What is misbehaviour
Encompass different facets of conduct as opposed to goo conduct
Error in judgemet howevere gross - not
Broad heading of removal of judges
- 124(4)
- Judges inquiry act 1968
- Misbehaviour
- Judicial review
Apart from 131 and 262 what are the other limitations for original jurisdiction of sc
- should Legal rt of goi or a state
- Political character
- Commercial nature
- Art 12 - only govt
- Fc
- Recovery of damages
What is the case for Art 12 wrt original jurisdiction of sc
Tashik delek gaming solution
What is contempt of court
Act of disrespect for dignity or authority of court
What empowered court for coc
- 19(2)
- 129, 215
- Coc act 1971
2 jurists against coc
- Justice vr krishna iyer - vague law, unwittingly trample upon civil liberties
- Ap shah - asynchronous with our democratic system
- Pandit thakurdas bhargawa- coc power should be restricted to disobedience of order of court
Way out for contempt of court
- Pn duda vs shivashakar- unless it hampers the administration of justice
- Muglaonkar principles - calculated attack to destroy the judicial process, ignore venial offences
Broad headings under contempt of court
- Def
- Power form where
- Why
- Issues
- Way out
4 points under constitutional appeal 132
- Civil, criminal or other proceedings of hc
- Involves substantial question as to interpretation of Constitution
- Certificate of hc
- Final order
3 points under criminal appellate
- Reverses aquittal
- Withdraws trial
- Certifies as fit for appeal
Sc act 1970
Special leave petition broad heading
- 136
- Non obstante clause (PRSD-Plenary sweeping residury discretionary)
- WHAT - kunyahmmed vs st of Kerala
- When - pritam singh vs state of Punjab
- Against tribunals - UOI vs cyanamide ltd
- Rejection ground
No limitations except for wisdom and good sense
Kunyahmmed vs state of Kerala
- No right
- Wide discretionary power of the court
- Sparingly
- Demand of justice
When can 136 be used
Narendra Singh Keshubhai Zala ( 2023) - exceptional circumstances, travesty of justice, absurd and erroneous conclusions drawn by the courts below
PRITAM SINGH VS STATE
1. Constitutional law - hc refuses certificate under 132
2. Civil - substantial quo plus public interest
3. Criminal - irregularities of trial, shocked conscience, violation of NJ
Art 143, also give broad headings
- 143 -
A. President- quo of law/ fact of public importance - expdient to obtain- MAY
B. Any matter not in jurisdiction under 131- SHALL
- CHARACTERISTICS- 5, not considered before, truth of facts, 143(1) avoid if political
- BINDING
St xaviers - not
Rk sen - binding
Cauvery water case - due wt and respect, normally
4 cases under characteristics of 142 . Complete justice
- Sc Bar association vs uoi ( problem solver in nebulous area)
- Justice = acc to law and not sympathy ( secy of state vs uma devi)
- Civil or criminal cases: Shilpa Shailesh vs Varun Sreenivasan ( 2023): invoked power under 142 to waive the waiting period of 6-8 months prescribed for seeking divorce under mutual consent act
- Not to override but to fill the vaccum until legislation steps in ( vineet narain case)
- Ar antualy vs RS nayak– any direction given by court shouldn’t be arbitary or in anyway inconsistent with the statute laid down.
What is the conclusion case of art 142- complete justice
Lakshmikutty vs st - overactivist approach, shouldn’t tresspass
Curative petition case
Rupa ashok hurra vs ashok hurra case
Zakarius lakra vs UOI - death penalty of convict was sought to be quashed as during the review petition the fact that the convict was a juvenile at the time of commission of crime was missed. The SC allowed the filing of curative petition
Jurisprudence of curative petition
Minimize abuse of process of law and to cure gross miscarriage and lapses in the system
Last and final option
Independent of judiciary basic structure case
Sp gupta
4 important articles under independence of judiciary
124(4))
121
129
50
Definition of judicial activism
Judicial philosophy of departing from traditional precedents in favour of new and progressive social policies especially when other branches of govt doesn’t do so.
When JA becomes judicial overreach
- Oversteps
- judicial legislation- vishaka guidelines, Subhash Kashinath Mahajan case
- executive judiciary - Shyam narayan chouskey, Diwali crackers - Statutory or regulatory
Ex. Jolly llb - Without due regard to outcomes
Ex: banning of liquor within 500 m of highway - Without analysing the competence of its implementation
Ex: national mitigation fund - PIL affecting day to day administration
Ex: csat - Burden
- Whims and fancies. Which later becomes precedents
What was the territorial nexus test in St of bombay vs RMDC
- Sufficient and real nexus
- Nexus should be real and not illusory
- Liablity imposed must be relevant to the connection
4 point under pith and substance
- Pith and substance ( object)
True nature and character - Incidental encroachment
- Whole
- Name
Illustration of pith and substance
Ajmer sound amplfier act
Entry 31 ( apparatus of b and c) Entry 6 ( public health)
Tranquility
Fn balsara - prohibtion
Intoxicating liquor vs import and export across custom border
Aim of colorable legislation
Pretends
To tackle indirect, covert and disguised legislation
4 important cases under residuary power
- Sp mittal vs uoi - mgmt of auroville
- Att gen of India vs amratlal pranjivandas - if not in list 11
- Sable waghire case - if list 2 vs residuary power, broad interpretation to list 2 . Otherwise will affect the fedral structure
- KBC case- if not in 368 in 248— no such an important thing not hiding under entry 97 of list 1
Broad headings of residuary power
- Article 248, 97
- Why
- To whoM- JN. Chairman of union powers committee
Examples - wealth tax, gift tax, commission of enquiry - Scope- restricted
- 4 cases
Att gen of India vs
Amratlal pranjivandas
2 cases wrt non obstante clause under 246(1)
- Prafulla kumar vs bank of commerce - matter of last resort
- Hoescht pharma vs state of bihar. - irreconcilable difference
Doctrine of repugnancy which article?
Illustration
Art 254
TN regulation of jallikattu act, 2009
Doctrine of repugnancy art 254 case law
M karunanidhi vs uoi
1..clear and direct inconsistency between state and union law which is irreconcilable
2. No repeal by implications- unless on face
3. If possibility of occupyinv the same field without colliding
4 same field but seperate and distinct offence
Sec 136 is also available against the order of tribunal
A body is called a tribunal for art 136
1.when it’s invested by law with power to determine questions / disputes affecting rts of citizen
2. Must be under a duty to act judiciously
Uoi vs cynamide india - sc can grant slp against tribunal when
1. Acts in excess of jurisdiction
2. Apparent error in the face of decision
3. Violation of ponj
4. Has erroneously applied well accepted principles of jurisprudence
Meaning of law declared by Sc under article 141
- 141- law declared by SC binding on all courts. Consistency, uniformity. Doctrine of stare decis- sub courts bound by apex courts decision
- Director of settlement, AP vs Apparao - orbiter dicta ( mere observations) - not binding, ratio decidendi ( principles on the basis of which decision is reached) –> binding
- Bengal immunity vs state –> judgement without any reason will not qalify under defn of law under 141
- Siddharam vs state - law backed by reason ie a speaking order of larger bench
- Sc employee welfare Association case - if a decision is per incuriam, it shall not be binding on lower courts
- If sub silentio - silent on relevant facts or question of law
- Law has definitive meaning. Faith and judicial discipline.
Colorable legislation case
- Rd joshi vs ajith mills– a thing is in appearance only and not in reality, what it purports to be
- 3 factors to be kept in mind in determining CL
- Enactment as a whole
- main object
- scope and effect of it’s provisions should be looked at.
Centers control over state in legislative sphere
- In overlap between 3 list ( under 246) all entries of state list interpreted according to those in union and concurrent list
- 254 - repugnancy
- 248- residuary power
- 249, 250 ( emergency), 252 ( consent of 2 or more states), 253( giving effect to intl agreements)
- 360 - financial emergency- reserve money bills and other financial bills for his consideration
- Bills on certain matters enumerated in state list. Ex. Art 304
- Governor reserve. Prez absolute veto.
Art 200
