Supreme Court and High Court Flashcards
Describe the judicial system in India compared to the USA.
India has a unified judiciary that enforces both Central and state laws, while the USA has a double system of courts, with federal laws enforced by the federal judiciary and state laws by the state judiciary.
Define the Supreme Court of India and its historical context.
The Supreme Court of India, inaugurated on January 28, 1950, succeeded the Federal Court of India established under the Government of India Act of 1935 and has greater jurisdiction than its predecessor.
How is the composition of the Supreme Court of India structured?
The Supreme Court currently consists of thirty-four judges, including one chief justice and thirty-three other judges, following an increase from thirty-one judges in 2019.
Do explain the process of appointing judges to the Supreme Court of India.
Judges of the Supreme Court are appointed by the president after consultation with the chief justice and other judges of the Supreme Court and high courts as deemed necessary.
What changes occurred in the number of judges in the Supreme Court of India over the years?
The strength of the Supreme Court has increased from eight judges in its original formation to thirty-four judges as of 2019, with several increments over the years.
How did the interpretation of ‘consultation’ change in the Supreme Court’s rulings?
In the First Judges case (1982), ‘consultation’ was interpreted as an exchange of views, but in the Second Judges case (1993), it was changed to mean ‘concurrence’, making the Chief Justice’s advice binding on the President.
Describe the consultation process for appointing judges as per the Third Judges case ruling.
The Chief Justice of India must consult a collegium of four seniormost judges, and if two judges give an adverse opinion, he should not send the recommendation to the government.
What is the significance of Articles 124 to 147 in the Indian Constitution?
These articles deal with the organization, independence, jurisdiction, powers, and procedures of the Supreme Court of India.
How did the role of the British Privy Council change with the establishment of the Supreme Court of India?
The Supreme Court of India replaced the British Privy Council as the highest court of appeal, thus establishing a new apex judicial authority in India.
Describe the impact of the 99th Constitutional Amendment Act of 2014 on the appointment of judges in India.
The 99th Constitutional Amendment Act of 2014 replaced the collegium system with the National Judicial Appointments Commission (NJAC) for appointing judges to the Supreme Court and High Courts.
How did the Supreme Court respond to the NJAC Act in 2015?
The Supreme Court declared both the 99th Constitutional Amendment and the NJAC Act as unconstitutional and void, reinstating the collegium system.
Define the role of the seniormost judge in the appointment of the Chief Justice of India.
The seniormost judge of the Supreme Court is traditionally appointed as the Chief Justice of India, a practice upheld by the Supreme Court in the Second Judges Case (1993).
Explain the qualifications required for a person to be appointed as a judge of the Supreme Court.
A person must be a citizen of India and either have been a judge of a High Court for five years, an advocate of a High Court for ten years, or be a distinguished jurist in the opinion of the president.
What is the oath or affirmation a Supreme Court judge must take before assuming office?
A Supreme Court judge must swear to bear true faith to the Constitution, uphold India’s sovereignty, perform duties without fear or favor, and uphold the Constitution and laws.
How are the salaries and allowances of Supreme Court judges determined?
The salaries, allowances, privileges, leave, and pension of Supreme Court judges are determined by Parliament and cannot be varied to their disadvantage after appointment, except during a financial emergency.
What significant changes occurred in the salaries of the Chief Justice and judges in 2018?
In 2018, the salary of the Chief Justice was increased from ₹1 lakh to ₹2.80 lakh per month, and that of a judge from ₹90,000 to ₹2.50 lakh per month.
Discuss the implications of the Supreme Court’s ruling in the Fourth Judges case (2015).
The Supreme Court opined that the NJAC would affect the independence of the judiciary, leading to the reinstatement of the collegium system for judicial appointments.
What was the precedent set by the appointments of A.N. Ray and M.U. Beg as Chief Justices?
The appointments of A.N. Ray in 1973 and M.U. Beg in 1977 violated the established convention of appointing the seniormost judge, prompting the Supreme Court to later rule against such discretion.
Describe the pension entitlement for retired chief justices and judges.
Retired chief justices and judges are entitled to 50 percent of their last drawn salary as a monthly pension.
Define the tenure of a Supreme Court judge according to the Constitution.
The Constitution does not fix a specific tenure for a Supreme Court judge; however, a judge holds office until the age of 65 years, can resign by writing to the president, and can be removed by the president on Parliament’s recommendation.
How can a Supreme Court judge be removed from office?
A Supreme Court judge can be removed by an order of the president after an address by Parliament, which must be supported by a special majority in both Houses.
What are the grounds for the removal of a Supreme Court judge?
The grounds for removal are proved misbehaviour or incapacity.
Describe the process of impeachment for the removal of a Supreme Court judge.
The process involves a removal motion signed by 100 members of Lok Sabha or 50 members of Rajya Sabha, which is then investigated by a three-member committee. If found guilty, the motion is considered by both Houses of Parliament and must be passed by a special majority before the president can remove the judge.
What is the role of the committee formed during the impeachment process of a judge?
The committee, consisting of a Supreme Court judge, a chief justice of a high court, and a distinguished jurist, investigates the charges against the judge.
How does the President appoint an acting Chief Justice of India?
The President can appoint an acting Chief Justice when the office is vacant, the Chief Justice is temporarily absent, or unable to perform duties.
