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Indian Polity > Supreme Court > Flashcards

Supreme Court Flashcards

1
Q

SC established on? Which Article?

A
  1. January 28th 1950
  2. Article - 124
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2
Q

Single System of Court (Integrated Judiciary) is adopted from/origin?

A

GOI Act (1935)

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3
Q

SC consists in which part and articles of the constitution?

A

Part - V
Article 124 to Article 147

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4
Q

What is the strength of SC (Over the years - Including CJI)?

A

Supreme Court (Number of Judges) Amendment Act
(1950) 8 Judges
(1956) 11 Judges
(1960) 14 Judges
(1977) 18 Judges
(1986) 26 Judges
(2008) 31 Judges
(2019) 34 Judges

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5
Q

Who appoints CJI?

A

President on consulting Collegium

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6
Q

Who appoints SC Judge?

A

President on consulting CJI (Obligatory)

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7
Q

Developments over consultation?
(Hint: Judges Case)

A

First Judges Case (1982)
CJI opinion is non - binding on President
Second Judges Case (1993)
CJI opinion is binding on President and CJI consults 2 senior - most judges
(Collegium introduced in 1993)
Third Judges Case (1998)
CJI consults 4 senior - most judges

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8
Q

Which body replaced Collegium? Present status of it? (Hint: 2014 Amendment)

A
  1. 99th CAA (2014) - NJAC (National Judicial Appointments Commission) to replace Collegium
    Note: Article - 124A: NJAC
  2. Fourth Judges Case (2015) - Declared 99th CAA and NJAC as unconstitutional and void
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9
Q

Exceptions of CJI Senior - Most and is Senior - most a rule?

A
  1. 1973 - A.N. Ray
  2. 1977 - M.U. Beg
    Second Judges Case (1993) - Declared that only a senior - most judge can be a CJI
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10
Q

Qualifications of SC Judges

A
  1. Citizen of India
  2. HC Judge (Min 5 years)
  3. HC Advocate (Min 10 years)
  4. Distinguished jurist in opinion of President
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11
Q

Salaries and Allowances of SC Judge are provided by? Can they vary? Which Article?

A
  1. Parliament
  2. No, however they can be varied only during financial emergency
  3. Article - 125
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12
Q

Tenure of Judges

A
  1. Till 65 years
  2. Can resign by writing to President
  3. Can be removed from office by President on recommendation of Parliament
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13
Q

Removal of Judge provided in and procedure?

A

Removal of Judge is provided in Judges Enquiry Act (1968)

  1. Removal motion bill signed by min 100 LS members (or) min 50 RS members
  2. Speaker (LS) / Chairman (RS) can admit/refuse to admit
  3. Speaker (LS) / Chairman (RS) constitute a 3 - member council (SCJ + CJ (HC) + Distinguished Jurist]
  4. If committee finds judge to be guilty of misbehavior (or) incapacity then LS + RS (Special Majority)
  5. Address presented to President and she/he orders the removal of judge

Note: Only one failed case so far i.e. V. Ramaswami SC Judge

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14
Q

Acting CJI (Senior - most SCJ after present CJI) appointed by? She/he consults who? Which Article?

A
  1. President
  2. Officially, none
  3. Article 126
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15
Q

Ad hoc (HC Judge -> SC Judge) Judges appointed by? She/he consults who? Which Article?

A
  1. CJI
  2. CJI consults concerned CJ (HC) with prior consent of President
    3. Article 127
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16
Q

Retired Judges back to practice is appointed by? She/he consults who? Which Article?

A
  1. CJI
  2. Officially, none. But, requires prior consent of President and Retired Judge
  3. Article 128
17
Q

Court of record - what and which article?

A

SC judgements cannot be questioned and SC can punish for the contempt of court enshrined in Article 129

18
Q

Seat of SC? Which Article?

A
  1. Seat of SC: Delhi
    CJI can declare a place as a seat of SC only on the approval of President
  2. Article 130
19
Q

Original Jurisdiction - which article?

A

Article 131
1. Centre v/s One (or) more states
2. Centre v/s state (or) state v/s states
3. States v/s states

20
Q

Appellate Jurisdiction - types and which articles?

A
  1. Appeals in Constitutional matters (Article 132)
  2. Appeals in Civil matters (Article 133)
  3. Appeals in Criminal matters (Article 134)
  4. Appeals by Special leave (Article 136)
21
Q

Writ Jurisdiction - which article?

A

Article 32
1. Habeas Corpus
2, Mandamus
3. Prohibition
4. Quo warranto
5. Certiorari

22
Q

Advisory jurisdiction - types and which article?

A

Question of law (or) fact
Article - 143
Opinion of SC is non - binding

Indian Polity (14 decks)

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