| State the composition of the Supreme Court of India. | Composition:
Previously, the Chief Justice of India and <= 30 judges.
The Supreme Court Amendment Act 2019, changed it from 30 to 33 judges. |
| What are the qualifications to become a Judge of the Supreme Court? | (i) Must be a citizen of India.
(ii) Must be of a sound mind
Note: (i) and (ii) are not necessary.
(iii) Must have been a judge of the High Court or of two or more such courts in succession.
(iv) Must have been an advocate of the High Court or of two or more such courts in succession.
(v) Must be, in the opinion of the President, a distinguished jurist. |
| How is a judge of the Supreme Court appointed? | The President appoints a judge of the Supreme Court in consultation with other judges of the Supreme Court and of High Courts and the Council of Ministers (well, indirectly. The PM advises the President based on the decisions made by the Council of Ministers).
For the Chief Justice of India, usually, the seniormost judge of the Supreme Court is appointed. |
| What is the term of office for a judge of the Supreme Court? | The judge remains in office until the age of 65 years. S/He must vacate their office on the day they turn 65.
They can also resign by submitting a resignation letter to the President. |
| Describe the impeachment procedure of a Supreme Court Judge. | The President first issues an order against the judge on grounds of proven misbehaviour or incapacity.
Then, the two Houses of Parliament pass this order by support of majority of the total membership of each House and at least two-thirds majority of the members present and voting.
If such an order is passed, the judge will be impeached.
The conduct of the judges of High Court and Supreme Court cannot be discussed in the Parliament. So, the President must issue an order to proceed with impeachment. |
| Define JURISDICTION. | Jurisdiction is the power that a court of law exercises to carry out judgements and enforce laws. |
| What jurisdictions does the Supreme Court have? | 1. Original Jurisdiction
2. Appellate Jurisdiction
3. Advisory Jurisdiction |
| Elaborate on Original Jurisdiction. | Original Jurisdiction is the power to hear and determine a dispute in its first instance. These cases cannot be moved in any other court other than the Supreme Court. |
| What are the cases involving Original Jurisdiction? | 1. Centre-State Disputes
(i) Government VS one or more States
(ii) Government and any other State or States on one side VS one or more States on the other.
(iii) Between two or more States
Exception:
(i) Cases arising out of an existing treaty in operation
(ii) Inter-state water disputes or matters referred to the Finance Commission
(iii) Adjustments in the expenses and pensions in the Union and the State.
2. Protection of fundamental rights - cases of violation of fundamental rights of individuals. The court issues several writs to enforce these rights.
3. Cases from lower courts - the Supreme Court can transfer cases to itself from one or more high courts if they involve an important question of the law or interpretation of the constitution.
4. Interpretation of the Constitution |
| Elaborate on Appellate Jurisdiction.
What is a court of appeal? | Appellate Jurisdiction is the power to grant special leave to appeal against a judgement delivered in any court of law in India.
A court of appeal can change or reduce the sentence passed by the lower courts. |
| What are the cases involving Appellate Jurisdiction? | 1. Criminal Cases - has two types of cases: (a) with a certificate from the High Court and (b) without the certificate.
For cases that do not require a certificate from the High Court:
(i) where the High Court has reversed the judgement of aquittal given by the lower court and gave a death sentence to the accused.
(ii) where the High Court has withdrawn cases from the lower courts and has given the accused a death sentence.
2. Civil Cases - Cases involving (a) a substantial question of law of general importance; (b) the question needs to be decided by the Supreme Court.
3. Constitutional Cases - all cases which have a certificate issued by a High Court that it involves an important point of law or requires interpretation of the Constitution.
If the High Court does not issue a certificate, the Supreme Court can grant a special leave of appeal. |
| When does the Supreme Court exercise its power of granting special leave? | * In civil cases, the Supreme Court does not grant appeal unless it involves a substantial question of law of general importance.
* In criminal cases, the Supreme Court only grants appeal when the circumstances are special and exceptional and grave injustice has been done.
* If a tribunal delivers a judgement which is in excess of their jurisdiction or undemocratic or against the principles of natural justice, then the Supreme Court can quash the judgement. |
| State the 5 kinds of writs and define them. | 1. Habeas Corpus - meaning: 'to have the body'. It is issued when a person is unlawfully detained by a group of individuals or the State.
2. Mandamus - order issued by a superior court to a lower court or administrative authority to perform a certain duty.
3. Writ of Certiorari - a superior court asks the lower court desiring to be informed of what is going on. This writ is issued after the proceedings of the case is over.
4. Writ of Prohibition - a superior court asks a lower court to stop the proceedings of a case which may be in excess of the jurisdiction of the lower court.
5. Quo Warranto - issued when a person has usurped any office. It prevents any public officials from wrongly or forcefully holding a high public office. |
| Explain advisory jurisdiction. | The Supreme Court can advise the President on matters involving a question of public importance or any question of law.
The Supreme Court can advise the President in two classes of matters:
1. Any question of law or matter of public importance may be referred to the Supreme Court, if the President finds it necessary. This advice is not binding and the President is not required to act in accordance with it.
2. For disputes involving pre-constitutional treaties and agreements which exclu |
| Explain revisory jurisdiction. | The Supreme Court is empowered to change or alter a judgement made by it to remove any error or mistake that might of crept into the judgement.
Why?
The Supreme Court is a court of record and its judgements are of evidentiary value and cannot be questioned in any other court of law. |
| Explain revisory jurisdicition. | The Supreme Court can declare any law null or void if the law made violates or takes away the fundamental rights of the citizens.
The Supreme Court can declare any law made by the Union or the State as 'ultra vires', null or void if it is against the letter and the spirit of the Constitution or contravenes any provision of the Constitution. |
| What is the need for Judicial Review? | (i) When a law is made, the question of interpretation of the constitution arises and the Supreme Court alone has the power of original jurisdiction.
(ii) The legislature may not have the wisdom, experience and impartiality to explain the law. This can be best done by the Supreme Court. |
| What is a court of record? | A court of record is a court whose judgements are recorded for testimony and evidence.
These records are precedents, i.e, High Courts and other subordinate courts are bound to give a similar judgment in a similar case.
This has two implications:
(i) The judgements are preserved as record. These can be produced in any court as precedent.
(ii) Any person who commits a contempt of court can be punished. The court is not deprived by this right. |
