The Supreme Court

Question 1

What is Impeachment ?

Answer 1

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 .

Question 2

seat of supreme court

Answer 2

Supreme court shall sit in Delhi or any other place as the cheif justice may decide with the approval of the president

Question 3

Term of office of supreme court judge

Answer 3

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

Question 4

Appointment of Judge of supreme court

Answer 4

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 .

Question 5

Appointment of cheif justice of supreme court

Answer 5

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

Question 6

Appointment of AD hoc judge

Answer 6

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

Question 7

Composition of supreme court

Answer 7

1 - Chief justice

and not more than 30 judges until parliament by law prescribes a large number of judges

Question 8

Qualifications for appointment as Judge of Supreme court

Answer 8

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

Question 9

what is Jurisdiction ?

Answer 9

Is the power that court of law exercise to carry out judgements an enforce laws

Question 10

Original Jurisdiction means

Answer 10

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

Question 11

Supreme court has original Jurisdiction in cases like

Answer 11

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

Question 12

exception of original jurisdiction

Answer 12

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

Question 13

Original jurisdiction extent

Answer 13

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

Question 14

Appellate Jurisdiction means

Answer 14

The power to grant special leave to appeal against the judgement delivered by any court in the country

Question 15

Constitutional cases means

Answer 15

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

Question 16

Civil cases :

Answer 16

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

Question 17

Criminal cases in supreme court

which don’t require high court certificate

Answer 17

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

Question 18

Criminal cases

certificate of high court

Answer 18

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

Question 19

Important rights

Answer 19

Writ of Habeas Corpus 
Writ of Mandamus 
Writ of prohibition 
Writ of certiorari
Writ of Quo warranto

Question 20

Advisory Jurisdiction

Answer 20

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

Question 21

Supreme Court may be required to express its opinion on two classes of matter

Answer 21

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

Question 22

Revisory Jurisdiction

Answer 22

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

Question 23

Judicial review

Answer 23

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