day 8 supreme court Flashcards

1
Q

initially how many judges in sc

A

7 judges and 1 cji

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2
Q

how many judges in sc now

A

34 including cji

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3
Q

who has power to increase sc judges

A

parliament

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4
Q

highest judicial officer?

A

cji

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5
Q

who allocates work to sc judges

A

cji

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6
Q

under which article president appoints a judge of supreme court when cji seat is vacant

A

126

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7
Q

cji is appointed by the president after consultation with?

A

judges of the sc and hc as he deems necessary

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8
Q

with which case was collegium system estt

A

second judges case 1993

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9
Q

when was first judges case

A

1982

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10
Q

difference between second and third judges case ruling

A

2nd jc 1993: estt collegium system. cj consult 2 judges.
3rd jc 1998: cj consult 4 judges with min 2 supporting cj’s recommendation

in both cases the advice was binding

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11
Q

for sc judge quali, how many years a judge of hc?

A

5

or two such courts in succession

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12
Q

for sc judge quali, how many years an advocate of hc

A

10 years

or two or more in succession

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13
Q

minimum age limit for a sc judge

A

no limit

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14
Q

ground for impeachment of sc judge

A

proven misbehaviour or incapacity

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15
Q

where in the constitution “impeachment” word is used

A

nowhere

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16
Q

which act regulates the procedure of impeachment of judge

A

judges enquiry act (1969)

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17
Q

minimum members of ls and rs for removal of judges support

A

100 members in ls
50 in rs

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18
Q

who constitutes a committee for impeachment process of judge? how many members in committee

A

presiding officer/chairman of ls or rs constitutes a 3 members inquiry committee

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19
Q

who are the 3 members of inquiry committee of judge impeachment

important

A

cji/sc judge
hc cj
a distinguished jurist is to probe the charges

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20
Q

what kind of majority for judge impeachment

A

both houses with a special majority in the same session

baad me convince nahi kar sakte
usi session me karo

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21
Q

only case of impeaching a judge which failed due to lack of majority?

A

justice vs ramaswamy (1991-1993)

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22
Q

ad hoc hc judge article?

A

127

i hc jugadoo

1 2 7

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23
Q

ad hoc judge whose consent

A

president and consultation with cj of the hc concerned

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24
Q

temporary retd judge for sc article?

A

128

i sc retarded

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25
Q

who determines allowances of retd temp sc judge undr art 128

A

president

26
Q

who is authorised to appoint other places than delhi for sc seats?

A

cji with approval of the president

27
Q

procedure of the court regulated by

A

sc itself with approval of president

28
Q

minimum judges bench under art 143? generally?

A

143 article me 5 minimum judges bench (constitutional cases)
generally minimum 3 judges bench

29
Q

only exception to the fixed service conditions for sc?

A

in a financial emergency can be changed

30
Q

which expenses of sc are charged on the consolidated fund of india

A

salaries, allowances, and pensions of the judges and the staff as well as all the administrative expenses of the sc

31
Q

what prohibits the discussion of the conduct of judges

A

the constitution itself

32
Q

exception to discuss the conduct of judges

A

when an impeachment motion is under consideration

33
Q

original jurisdiction of sc article

A

131

34
Q

original jurisdiction between which

A

centre vs state
center vs states
state vs state

35
Q

exclusive jurisdiction means?

A

no other court can decide such disputes

36
Q

original jurisdiction means?

A

the power to hear such disputes in the first instance, not by way of appeal

37
Q

adjustment of certain expenses between union and the state article

A

290

38
Q

provisions excluded from original jurisdiction mentioned in which article

A

363(1)

39
Q

writ jurisdiction of sc article

A

32

40
Q

in which case hc case judgement appellate jurisdiction doesnt go to sc

A

if hc has reversed trhe order of conviction and has ordered the acquittal of the accused

baat hi khatm ho gayi

41
Q

sc taking a case from hc in “matter of light” meaning?

A

i.e. without any certificate of the hc

42
Q

compulsion for sc to give advice under 143?

A

not compulsory if for law or a question of fact
compulsory when pres is asking regarding disputes arising out of any treaty, agreement etc

43
Q

records kept in sc are recognized as?

A

legal precedents and legal references

44
Q

extension of contempt power of sc

A

itself
all hc, subordinate courts and tribunals functioning in the entire country

45
Q

what is civil contempt of cort

A

willful disobedience to any judgement, order, writ or other process of a court or willful breach of an undertaking giver ot a court

46
Q

what is criminal contempt of curt

A

publication of any matter or doing an act which scandalizes of lowers the authority of a court or prejudices or interferes with the due course of a judicial proceeding or interferes or obstructs the administration of justice in any other manner

47
Q

ultra vires are?

A

laws inconsistent with or violative of the constitution

48
Q

what is known as the interpretational and observer roles of the indian judiciary

A

judicial review

49
Q

in which case was judicial review made part of basic structure of constitution

A

indira gandhi vs raj narain case 1975

50
Q

without complaint, which instruments have enabled sc to intervene in public issues

A

PIL
suo moto cases
discontinuation of the principle of locus standi

51
Q

which article for judicial review of the pre constitutional legislation

A

372(1)

52
Q

inconsistency between state and union law state law would be void article

A

251 and 254

53
Q

special power to sc to review any judgement pronounced or order made by itself

A

137

54
Q

who has the original, exclusive and final authority in disputes regarding the election of the president and the vp

A

supreme court

55
Q

sc enquires into actions of upsc recco of?

A

president

56
Q

with which case the concept of PIL emerged for the first time

A

mumbai kamgar sabha case where justice krishna iyer in 1976 allowed petition even if the litigant had no locus standi in case

57
Q

who gave momentum to the PIL movement

A

justice bhagwati

58
Q

last 5 cji before dy chandrachud

A

44th jagdish singh khehar
45 dipak misra
46 ranjan gogoi
47 sharad arvind bobde
48 nuthalapati venkata ramana
49 uu lalit

59
Q
A
60
Q

38th caa president ordinance power removed through?

A

44th caa 1978