The Supreme Court

Question 1

composition

Answer 1

chief justice of india and 33 other judges, until parliament by law prescribes more judges

Question 2

qualifications for appointment of judge of supreme court

Answer 2

1. has been for at least five years a judge of high court or two or more such courts in succession
2. has been for at least 10 years an advocate of high court/ two or more such courts in succession
3. is, in the opinion of president, a distinguished jurist

Question 3

appointment of judge of supreme court

Answer 3

appointed by president in consultation with judges of supreme and high courts, and COM.
chief justice consulted during appointment of judges other than CJI

Question 4

appointment of Ad Hoc judges

Answer 4

CJI may appoint a judge of the high court as an Ad Hoc judge for whatever period may be necessary
consent of president needed
after, consultation of CJ of high court

Question 5

term of office of supreme court judges

Answer 5

until age of 65
judge may resign by submitting resignation letter to president

Question 6

how can judge be removed

Answer 6

only by an order of president on ground on proven misbehaviour or incapacity (passed after an address by each House of Parliament supported by a majority of total membership and by majority not less that 2/3rds of members of the house present and voting of such removal. aka IMPEACHMENT

Question 7

independence of judiciary from the control of executive and legislature

Answer 7

1. appointment of judges
2. removal of judges
3. security of tenure
4. security of salaries and service conditions
5. freedom to announce decisions and decrees
6. punishment for contempt of court

Question 8

removal of judges

Answer 8

charges have to be proved by a joint address by both houses of the parliament, supported by a 2/3rds majority of members present and voting

Question 9

security of salaries and service conditions

Answer 9

judges’ salaries cannot be changed to their disadvantage during their term of office
salaries cannot be reduced except during periods of financial emergency
salaries are charged on consolidated fund of india and not subject to vote of parliament

Question 10

punishment for contempt of court

Answer 10

supreme court can punish for the contempt of court if a person or authority makes an attempt to lower ITS authority

Question 11

full control over its procedure of work and establishment

Answer 11

free to decide its own procedures of work and establishment as well as conditions of service of employees

Question 12

define jurisdiction

Answer 12

power that a court of law exercises to carry out judgements and enforce laws
supreme court is protector and final interpreter of constitution

Question 13

define original jurisdiction

Answer 13

power to determine and hear a dispute in the first instance (those cases which cannot be moved in any court other than the supreme court)

Question 14

cases under original jurisdiction

Answer 14

1. centre state or inter state disputes
2. protection of fundamental rights
3. transfer of cases from lower courts
4. interpretation of constitution

Question 15

centre state/ inter state disputes

Answer 15

1. between government of india and one or more states
2. between government of india and any state or states on one side, and one or more states on the other
3. between two or more states

(cannot extend to: dispute arising from treaty in operation, inter state water disputes, matters referred to finance commission, adjustment of expenses between union and states)

Question 16

protection of fundamental rights (OJ)

Answer 16

cases of violation of fundamental rights and court can issue writs for enforcement of rights

Question 17

interpretation of constitution

Answer 17

supreme court has the power of exclusive jurisdiction in regard to questions as to constitutional validity of central laws

Question 18

define appellate jurisdiction

Answer 18

powers to grant special leave to appeal against the judgement delivered by any court in the country
may change the decision or reduce the sentence passed by lower courts

Question 19

cases under appellate jurisdiction

Answer 19

1. constitutional
2. civil
3. criminal

Question 20

types of jurisdiction

Answer 20

1. original
2. appellate
3. advisory
4. revisory
5. judicial review

Question 21

civil cases

Answer 21

appeals in civil matters lie to supreme court, if high court certifies:
1. case involves a substantial question of law of general importance
2. question needs to be decided by supreme court

Question 22

types of appeals that lie in the supreme court for criminal case

Answer 22

1. cases without certificate of high court
2. cases with certificate of high court

Question 23

certificate of high court is not required in what type of criminal case

Answer 23

1. where high court has reversed the judgement of acquittal given by lower court and punished with death sentence
2. case which is withdrawn by the high court from subordinate court and punished the accused with a death sentence

Question 24

define advisory jurisdiction

Answer 24

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 of india

Question 25

cases under advisory jurisdiction

Answer 25

1. any question of law may be referred to the SC if president considers that the question is of public importance and it is necessary to obtain the opinion of supreme court 2. disputes arising out of pre-constitution treaties and agreements which are which are excluded from OJ

Question 26

revisory jurisdiction

Answer 26

SC is empowered to review any judgement or order made by it with a view of removing any mistake or error that might have crept in the judgement or order (because SC is a court of record and its decisions are of evidentiary value and cannot be questioned by any court)

Question 27

judicial review

Answer 27

SC can declare a law 'ultra vires' or null and void, if it is against the letter and spirit of the constitution or contravenes any provision of the constitution

Question 28

min no. of judges in judicial review

Answer 28

5

Question 29

court of record

Answer 29

it is a court whose judgements are recorded for evidence and testimony the judgements are in the nature of 'precedents'

Question 30

implications of court of record

Answer 30

1. judgements and orders are preserved as record 2. if a person commits a contempt of court, the court has the authority to punish him

Question 31

habeas corpus

Answer 31

means: to have the body can get the body of any person released if it has been unlawfully detained by any person or a group of persons or by the state

Question 32

mandamus

Answer 32

means: we order order from superior court to lower authority to perform a certain duty

Question 33

writ of prohibition

Answer 33

order issued by a superior court to a lower court to stop proceedings in a case which might be in excess jurisdiction of lower court

Question 34

write of certiorari

Answer 34

issued by a supreme court to judicial authority to be informed of what is going on

Question 35

difference between writ of prohibition and certiorari

Answer 35

prohibition: issued when proceedings are going on certiorari: after order has been passed by lower court

Question 36

quo warranto

Answer 36

means: by what order issued when a person has usurped any office, prevents public officers from forcibly holding a high public office

Question 37

exceptions under original jurisdiction

Answer 37

1. dispute arising out of a treaty, agreement, etc. which is in operation 2. inter-state water disputes, matters referred to finance comission 3. adjustment of certain expenses and pensions between the union and the states