The Supreme Court Flashcards
What is Impeachment ?
A judge of supreme court cannot be removed expect by the order of president on grounds of proved misbehavior or incapacity . The order is passed after an address by each house of the parliament supported by majority of total membership of the house and by majority of not less than 2/3rds majority of the members present and voting for such removal .
seat of supreme court
Supreme court shall sit in Delhi or any other place as the cheif justice may decide with the approval of the president
Term of office of supreme court judge
Judge of supreme court can hold the office until he attains the age of 65
A judge may resign his office by submitting his resignation letter to the president
Appointment of Judge of supreme court
Judges of supreme court are appointed by president in consultation with judges of High courts and supreme court . Judges of supreme court other than chief justice is appointed with consultation of chief justice .
Appointment of cheif justice of supreme court
Senior most judge is appointed as a Chief justice . in absence of chief justice
President may appoint another judge of supreme court as a acting chief justice
Appointment of AD hoc judge
Chief justice may appoint Judge of high court as an ad hoc judge of supreme court for certain period as may be necessary . with consent of president and consultation with chief justice of high court
Chief justice may at any time with previous consent of president request attendance of retired judges of Supreme or high court to act as judge of the supreme court
Composition of supreme court
1 - Chief justice
and not more than 30 judges until parliament by law prescribes a large number of judges
Qualifications for appointment as Judge of Supreme court
Has been for atleast 5 years a Judge of High court or of two or more such court in succession
Has been for at least ten years an advocate of a high court or of two or more such courts in succession
is in the opinion of the president a distinguished jurist
what is Jurisdiction ?
Is the power that court of law exercise to carry out judgements an enforce laws
Original Jurisdiction means
The power to hear and determine a dispute in the first instance
i.e. Those cases which cannot be moved in any court other than the supreme court
Supreme court has original Jurisdiction in cases like
Between Government of India and one or more states
Between government of India and state or states on one side and two or more states on other
Between two or more states
exception of original jurisdiction
Dispute arising out of treaty , agreement which is in operation
In certain other matter such as water disputes , matter referred to the finance commission
Adjustment of certain expenses and pensions between the union and the states
Original jurisdiction extent
Protection of fundamental rights : Cases of violation of fundamental rights of an individual and the court can issue several writs for enforcement of these rights
Supreme court can transfer cases from one or more high courts to itself . If these involves questions of law or cases of great importance . Supreme court may transfer cases from one high court to other in the interest of Justice
all cases where interpretation of the constitution is required can be directly filed in supreme court . Supreme court has exclusive jurisdiction in regard to questions as constitutional validity of central law
Appellate Jurisdiction means
The power to grant special leave to appeal against the judgement delivered by any court in the country
Constitutional cases means
All matters irrespective of the nature , where a certificate is issued by a high court that it involves important point of law and requires interpretation of the constitution can be brought before the supreme court
If a High court refuses to give a a certificate on such a case the supreme court can grant a special leave of appeal
Civil cases :
Appeal regarding civil matters lies to supreme court , if high courts certifies
1. that the case involves substantial question of law of general importance and
that the question need to be decide by the supreme court
Criminal cases in supreme court
which don’t require high court certificate
where the high court has reversed the judgement of acquittal given by the lower court and punished the accused with a death sentence
A case is withdrawn from the lowercourt by the high court and sentenced accused to death
Criminal cases
certificate of high court
High court certification that the case involves a substantial point of law and interpretation of the constitution is required for appealing to the supreme court
Important rights
Writ of Habeas Corpus Writ of Mandamus Writ of prohibition Writ of certiorari Writ of Quo warranto
Advisory Jurisdiction
The supreme court has advisory jurisdiction on any question of law or fact of public importance as may be referred to it for consideration by the president
Supreme Court may be required to express its opinion on two classes of matter
Any question of law as maybe referred to the Supreme Court if the president considers that the question is of Public importance and it is necessary to obtain the opinion of the Supreme court
Disputes arising out of pre-constitution treaties and agreements which are excluded form original jurisdiction by Article 131
Revisory Jurisdiction
Supreme court under article 137 empowered to review any judgement or order made by it with a view to removing any mistakes or error that might crept in Judgement or order
This is because the Supreme court is a court of record and its decisions are of evidentiary value and cannot be questioned in any court
Judicial review
Supreme court is the interpreter of the constitution and its decision is final
It has the power to review laws passed by union or state legislature
Supreme court can declare a law null or void if it abridges the spirit of constitution
