Supreme Court Judiciary Flashcards
Suprême court
Part 5 Art 124 — 147 Independent body To maintain rule of law Integrated system (hierarchy) Apex court Sc bindings not followed by sc
Qualifications
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
Appointment
Oath
President
Staff members— judiciary itself ( so no transparency)
CJI appoints
Ad hoc nd retired judges ( after presidents consent)
Oath —. president
Resign. — President
Case laws
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
Removal
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
Powers of sc
Original jurisdiction Appellate jurisdiction Writ jurisdiction Advisory jurisdiction Court of record Special leave petition
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