Supreme Court Judiciary Flashcards

1
Q

Suprême court

A
Part 5
Art  124 — 147
Independent body
To maintain rule of law 
Integrated system (hierarchy)
Apex court 
Sc bindings not followed by sc
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2
Q

Qualifications

A

Citizen
H.C judge 5yrs
SC advocate 10ys
Eminent jurist in eyes of president

Age 65 yrs or 6yrs

Total judges of SC 30+1

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3
Q

Appointment

Oath

A

President

Staff members— judiciary itself ( so no transparency)

CJI appoints
Ad hoc nd retired judges ( after presidents consent)

Oath —. president

Resign. — President

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4
Q

Case laws

A

1st judge case
Consult

2nd judge case
Collegium introduced

3rd judge case
1+4(sc) 1+2( hc)

4th judge case
Unconstitutional ; NJAC scrapped;

At present 2nd case is followed

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5
Q

Removal

A

Based on judges enquiry act 1968

Signed by 100 MP of LS. And give to speaker

Signed by 50 MLA of RS. give to chairman

20% avg needed for removal

Presiding officer may either reject or accept

If accepted —. 3 members committee
CJI / SC judge
CJI of HC
Eminent jurist

If found the judge guilty the submit it to parliament

LS nd RS will separately pass the bill in removal and SPECIAL MAJORITY in both houses.
2/3rd present and voting

Then sent to prez ; he signs nd removal process will be ended

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6
Q

Powers of sc

Original jurisdiction 
Appellate jurisdiction 
Writ jurisdiction 
Advisory jurisdiction
Court of record 
Special leave petition
A

Original jurisdiction

  Only sc can do these things
    Dispute btwn S govt vs C govt
      Sgovt vs S govt
         Group of S govt vs Group of S govt

Writ jurisdiction

     It is a special order 
            Habeas corpus
              Mandamus
                Certiorari 
                  Quo warranto
                    Prohibition 

Appellate jurisdiction

Civil
Criminal ( reversing acquittal and putting into conviction) so automatic appeal to SC
Constitutional

For civil and constitutional ( transfer case to SC if HC thinks the case needs interpretation of constitution)

Special leave petition

To give permission for appeal for any judgement/any court for a person inside india

Advisory jurisdiction

Pre constitution (before 1947 happening) answer is must
Post constitution ( after 1947 happenings)
May or may not answer

Whether pre or post opinions of SC is NOT BINDING on prez of india.

Court of records

It serves as an evidence/memory

Single judge order —. 1 person
Bench order —. atleast 3
Full bench order —. 3 or more
Constitutional bench —. 5

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