The Supreme Court

Question 1

Composition of Supreme Court

Answer 1

Chief Justice of India

nor more than 33 judges

Question 2

What did the Amendment Act 2019 state, when did it receive the President’s assent

Answer 2

The Amendment Act 2019 increased the number of judges of the Supreme Court (excluding the Chief Justice of India ) from 30 to 33

It received the President’s assent on 9 August of 2019

Question 3

Qualification for appointment as Judge of the Supreme Court

Answer 3

1. Should be a citizen of India
2. Has been for at least five years a Judge of a High Court or of two or more such courts in succession
   OR
3. Has been an advocate of a High court or any two or more such courts for at least 10 years
   OR
4. Is in the opinion of the President, a distinguished Jurist.

Question 4

Appointment of Judges of Supreme Court, Chief Justice of India

Answer 4

Other judges of Supreme Court- President of India, Chief Justice of India, Judges of High Court, Council of Ministers

Chief Justice of India- President of India, Judges of Supreme, High Court, Council of Ministers

Acting Chief Justice of India- President of India, Chief Justice of India, Judges of High Court, Council of Ministers

Question 5

On what basis is the Chief Justice of India appointed

Answer 5

In most cases the Chief Justice of India is usually the seniormost judge of the Supreme Court.

Question 6

What is an Ad Hoc Judge. By whom are they appointed?

Answer 6

An Ad Hoc Judge is a judge from a High Court who is temporarily appointed for a particular period of time.
An Ad Hoc Judge is appointed by the Chief Justice of India with the consent of the President with prior consultation with the Chief Justice of the High Court involved.

Question 7

When can retired Judges of Supreme and High Court be requested to act as a Judge of the Supreme court temporarily

Answer 7

A retired Judge of Supreme or High Court be requested to act as a Judge of the Supreme court temporarily with the prior consent of the President.

Question 8

What are the cases when a Judge of the Supreme Court vacates his/her office

Answer 8

1. A judge of the Supreme Court shall hold office until he attains the age of 65 years.
2. He may resign from his office by submitting a resignation letter to the President.
3. A Judge of the Supreme Court cannot be removed from office except by an order of the President on the grounds of proved misbehaviour or incapacity.
   Such an order is passed after an address by each House of Parliament supported by a majority of the total membership of that House of not less than two-thirds of the members of the House present and voting. This procedure is known as impeachment.

Question 9

The seat of Supreme Court lies at?

Answer 9

At Delhi or any other place as the Chief Justice may decide with the approval of the President.

Question 10

Define jurisdiction

Answer 10

Jurisdiction is the power that a court of law exercises to carry out judgements and enforce laws.

Question 11

The Supreme Court is the ______ and the ____ _____ of the Constitution

Answer 11

Protector, Final Interpreter

Question 12

Define Original jurisdiction

Answer 12

Original Jurisdiction means the power to hear and determine a dispute in the first instance.

Question 13

Original Jurisdiction of Supreme Court prevails in what kind of cases

Answer 13

1. Centre- State or Inter-State disputes
2. Protection of Fundamental Rights
3. Transfer of Cases from Lower Courts
4. Interpretation of Constitution

Question 14

Describe the types of Inter-state or centre-state disputes

Answer 14

1. Govt of India - one or more states
2. Govt of India and one or more states- one or more states
3. between two or more states

Question 15

Exceptions of Original jurisdiction over Centre-State or Inter-State disputes

Answer 15

1. Dispute arising out of a treaty or agreement which is in operation
2. Matters such as inter-state water disputes, matters referred to the Finance Commission
3. Adjustment of certain expenses and pensions between the Union and the States

Question 16

Describe the Original Jurisdiction of Supreme Court over Protection of Fundamental Rights

Answer 16

The Original jurisdiction extends to cases of violation of the fundamental rights of individuals. The court can issue several writs for the enforcement of these rights.

Question 17

Describe the Original Jurisdiction of the Supreme Court over Transfer of cases from lower courts

Answer 17

Under article 139 A inserted in the 44th Amendment in 1978, the Supreme Court may transfer to itself cases from one or more High Courts, if these involve questions of law or cases of great importance

The Supreme Court may transfer cases from one High Court to the other in the interest of Justice.

Question 18

Describe the Original Jurisdiction of the Supreme Court over Interpretation of Constitution

Answer 18

All cases where interpretation of the Constitution is required can be directly filed in the Supreme Court.

The Supreme Court has the power of exclusive jurisdiction in regard to questions as to Constitutional validity of Central laws