Supreme Court Flashcards
SC established on? Which Article?
- January 28th 1950
- Article - 124
Single System of Court (Integrated Judiciary) is adopted from/origin?
GOI Act (1935)
SC consists in which part and articles of the constitution?
Part - V
Article 124 to Article 147
What is the strength of SC (Over the years - Including CJI)?
Parliament → SC (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
Who appoints CJI?
President on consulting Collegium
Who appoints SC Judge?
President on consulting CJI (Obligatory)
Developments over consultation?
(Hint: Judges Case)
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
Which body replaced Collegium? Present status of it? (Hint: 2014 Amendment)
-
99th CAA (2014) - NJAC (National Judicial Appointments Commission) to replace Collegium
Note: Article - 124A: NJAC - Fourth Judges Case (2015) - Declared 99th CAA and NJAC as unconstitutional and void as SC opined that NJAC would affect the independence of Judiciary
Exceptions of CJI Senior - Most and is Senior - most a rule?
- 1973 - A.N. Ray
- 1977 - M.U. Beg
Second Judges Case (1993) - Declared that only a senior - most judge can be a CJI
Qualifications of SC Judges
- Citizen of India
- HC Judge (Min 5 years)
- HC Advocate (Min 10 years)
- Distinguished jurist in opinion of President
Salaries and Allowances of SC Judge are provided by? Can they vary? Which Article?
- Parliament
- No, however they can be varied only during financial emergency
- Article - 125
Tenure of Judges
- Till 65 years
- Can resign by writing to President
- Can be removed from office by President on recommendation of Parliament
Removal of Judge provided in and procedure?
Removal of Judge is provided in Judges Enquiry Act (1968)
- Removal motion bill signed by min 100 LS members (or) min 50 RS members
- Speaker (LS) / Chairman (RS) can admit/refuse to admit
- Speaker (LS) / Chairman (RS) constitute a 3 - member council (SCJ + CJ (HC) + Distinguished Jurist]
- If committee finds judge to be guilty of misbehavior (or) incapacity then LS + RS (Special Majority)
- 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
Acting CJI (Senior - most SCJ after present CJI) appointed by? She/he consults who? Which Article?
- President
- Officially, none
3. Article 126
Ad hoc (HC Judge -> SC Judge) Judges appointed by? She/he consults who? Which Article?
- CJI
- CJI consults concerned CJ (HC) with prior consent of President
3. Article 127
Retired Judges back to practice is appointed by? She/he consults who? Which Article?
- CJI
- Officially, none. But, requires prior consent of President and Retired Judge
3. Article 128
Court of record - what and which article?
SC judgements cannot be questioned and SC can punish for the contempt of court enshrined in Article 129
Seat of SC? Which Article?
- Seat of SC: Delhi
CJI can declare a place as a seat of SC only on the approval of President
2. Article 130
Original Jurisdiction - which article?
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
Exceptions of Original Jurisdiction (A131)
- Dispute on Pre-Constitution Treaty
- Inter - State Water Disputes
- Matters related to Finance Commission
- Adjustment of expenses and pensions between Centre and States
- Ordinary dispute with Commercial nature between Centre and State
- Recovery of damages by a State against Centre
Appellate Jurisdiction - types and which articles?
- Appeals in Constitutional matters (Article 132)
- Appeals in Civil matters (Article 133)
- Appeals in Criminal matters (Article 134)
- Appeals by Special leave (Article 136)
Writ Jurisdiction - which article?
Article 32
1. Habeas Corpus (Protection to detained)
2, Mandamus (Official duties failed by a person)
3. Prohibition (Higher Court —(Prohibits)—> Lower Court/Tribunal)
4. Quo warranto (Misuse of Office)
5. Certiorari (Higher C → LC: Takes away the case)
Advisory jurisdiction - types and which article?
Question of law (or) fact
Article - 143
Opinion of SC is non - binding
