The Supreme Court

Question 1

System of courts in India v/s the USA

Answer 1

India- Unified system of courts- single hierarchy of courts from SC to district
US- double system-federal and state courts

Question 2

SC of India inauguration and succeeded what

Answer 2

28th Jan 1950, succeeded the Federal Court created by the GOI Act 1935 but has wider powers since replaced British Privy Council as highest court of appeal

Question 3

Part of constitution dealing with SC

Answer 3

Part V

Question 4

Does the parliament have powers to affect the functioning of the SC?

Answer 4

Yes it can makes laws

Question 5

How many judges in the SC currently and original strength?

Answer 5

34 (CJ+33). According to article 124 (CJ+7)

Question 6

Article 124

Answer 6

Strength would be CJ+7 unless increased by Parliament which it has on numerous occasions.

Question 7

How are judges appointed?

Answer 7

CJ- by president after consultation with other SC HC judges as they deem necessary. And for other judges, consultation with CJ and other SC HC judges as they deem necessary.

Question 8

Controversy with judges appt-

Answer 8

SP Gupta/First judges case- consultation doesn’t mean concurrence, only exchange of views
SC Advocates on Record/Second Judges case-advice binding, CJ with 2 seniormost colleagues
Prez reference/third judges case-CJ should consult 4 seniormost and even if 2 don’t agree then decision not to be made
99th CAA, 2014 and National Judicial Appointments Commission Act appointment by National Judicial Appointments Commission
SC Advocates on Record/Fourth judges case- above void and unconstitutional

Question 9

Controversy with CJ appt-

Answer 9

1950-1973 senior most judge
1973 AN Ray superseded 3 senior judges
1977 MU Beg superseded one senior judge
1993 second judges case- senior most judge should be CJI

Question 10

Qualifications to be SC judge

Answer 10

1. Citizen of India
2. HC judge for 5 years/HC advocate for 10 years
3. Eminent jurist acc to president

Question 11

Salaries

Answer 11

Determined time to time by parliament and cannot be changed after appointment unless under financial emergency

Question 12

Tenure of judges

Answer 12

No specific time period but certain provisions
1. Reach 65 years
2. Send resignation to pres
3. Removed by prez on recommendation of parliament

Question 13

Removal of judges how?

Answer 13

President removes through order when he receives an address from the parliament is supported by special majority (majority of house and more than 2/3rd) by both houses

Question 14

Procedure related to judges removal in SC

Answer 14

Judges enquiry act (1968) governs procedure
1. Motion signed by 100 LS/50 RS
2. speaker/chairman can admit or reject motion
3. If motion admitted, creation of 3 person panel by them made up of CJI/SC judge, CJI of a HC and eminent jurist
4. If found guilty by them-misbehaviour or incapacity-house can now consider motions
5. Spl majority needed, then precedent to prez who then issues order
No impeachments till date

Question 15

Acting CJI

Answer 15

By president if seat vacant, not able to do or absent- judge of SC

Question 16

Ad Hoc SC judges

Answer 16

By CJI after consulting HC CJ when there is lack of minimum strength i.e. quorum to hear cases judge from HC

Question 17

Retired Judge

Answer 17

CJI after Prez and his consent-for a temporary period from HC?SC retire judges-would enjoy all SC judge powers but not deemed as actual SC judge

Question 18

SC seat

Answer 18

The Constitution declares Delhi. Can be changed by CJI after consulting the President.

Question 19

Procedure of Court

Answer 19

SC decided after consulting the President. constitutional cases and presidents opinion (article 143) by 5 judge bench while other by single judge/divisional benches. Majority opinion prevails but dissenting judgements can also be given.

Question 20

Independence of the judiciary

Answer 20

1. Appointment does not let executive or legislature get too powerful
2. Service conditions cannot be varied
3. Security of tenure- only on ground by pres which in terms need spl majority by both houses
4. Expenses from consolidated fund non-votable by parl
5. Conduct of judges cannot be discussed unless about removal
6. No practice after retirement within india
7. Power to punish for contempt
8. Freedom to appoint own staff
9. Jurisdiction cannot be reduced since provided by constitution

Question 21

Jurisdiction of the SC

Answer 21

Original
Writ
Appellate
Advisory
Court of Record
Judicial Review
Review Jurisdiction
Constitutional interpretation
Other powers

Question 22

Discuss the original jurisdiction of the SC

Answer 22

Federal court, adjudicates disputes between states, b/w centre and states or centre and states on one side and other states on the other. Original means it has exclusive powers to decide, without appeal. But excludes following- pol questions, complaint brought by individual citizen, disputes from treaty/covenant/sanad etc entered before coin of the constitution, inter-state water disputes (taken over by Inter-state river water disputes act), finance commission matters, adjustment of expenses/pensions b/w centre and states

Question 23

Discuss the writ jurisdiction of the SC

Answer 23

Guarantor and defender of fundamental rights. Empowered to issue writs like habeas corpus, mandamus, certiorari, prohibition, quo warranto etc for enforcement of fundamental rights. Had original jurisdiction as individuals can directly approach it. But not exclusive as HC can also do that and has smaller range because HC can issue it for FR but also beyond that.

Question 24

Discuss the appellate jurisdiction of the SC

Answer 24

Highest court of appeal after replacing the privy council, hears appeals from HC judgements. constitutional matters when HC certifies that it is a substantial question. Civil matters when HC certifies that it is a substantial question of general importance or that it needs to be decided by the SC (no more monetary threshold of 20k). Criminal matters when HC reverses acquittal and puts accuse to death/takes case from subordinate court and sentences to death/certifies that it should be decided on by SC (first two do not require certificate, but as a matter of right and come after Parl enlarged jurisdiction in 1970s, and if HC reverses conviction and acquits accused no powers to appeal in SC). By special leave where in extraordinary circumstances under discretion and not as matter or right at any stage and any type of case, the SC takes up case from another court or tribunal except military and court martial.

Question 25

Discuss the advisory jurisdiction of the SC

Answer 25

Under article 143 prez can seek SC opinion on any question of law that is or will be important publicly or arising out of any dispute concerning any treaty/covenant/sanad etc signed before constitution came into being excluded from the original jurisdiction of the SC. first is optional and later is necessary. None of this is binding.

Question 26

Discuss the SC as a court of record

Answer 26

All judgments, decisions, proceedings etc recorded as evidentiary, cannot be questioned when produced in front of court-become precedents. Power to punish for contempt of itself and other subordinate courts

Question 27

Discuss contempt of court

Answer 27

HN Sanyal Committee recommendations lead to contempt of court act 1971. Contempt may be civil-wilful disobedience or criminal contempt scandalising/lowering/prejudicing/interfering with court. But no proceedings except within one year and not applicable to nyay panchayats or village courts.

Question 28

Discuss the judicial review jurisdiction of the SC

Answer 28

If any legislative/executive enactments found to be ultra vires of the constitution can be declared null/void.

Question 29

Discuss the review jurisdiction of the SC

Answer 29

On its own orders, review petition within 30 days needed to same bench/judge an allowed when new/imp evidence, mistake or sufficient reason. But court may admit or dismiss review petition. But curative petition still allowed if violation of natural justice, gross miscarriage of justice, bias prevent abuse.

Question 30

Discuss the constitutional interpretation jurisdiction of the SC

Answer 30

Final interpreter of the constitution, does so by number of doctrines.

Question 31

Discuss the other powers of the SC

Answer 31

1. Decisions binding on lower courts 2. Judicial superintendence over all lower courts and tribunals 3. Can withdraw case from hc, take it up/transfer 4. Enquiries into conduct of chairman of upsc/spsc/jpsc on prez reference. If found of misbehavior can give binding advice for removal 5. Disputes into election of Prez/VP. Has original, exclusive and final authority

Question 32

Comparing Indian and American SCs

Answer 32

1. Part of Single system // part of dual system 2. Federal cases // federal and military/diplomatic cases 3. Appellate jurisdiction includes civil criminal constitutional// Appellate jurisdiction includes only constitutional 4. Advisory jurisdiction// no advisory jurisdiction 5. Small judicial review jurisdiction// larger 6. Procedure est by law// due process of law 7. Jurisdiction and powers can be enlarged by parl// limited by constitution 8. Power of judicial superintendence over lower court

Question 33

Review and curative Petitions

Answer 33

Review Petition: Filed under Article 137 of the Constitution when there is an apparent error on the face of the record in a Supreme Court judgment. It is heard by the same bench that delivered the original verdict. Curative Petition: Filed after the review petition is dismissed, as a last resort to correct a gross miscarriage of justice. It is heard by the senior-most judges, including those who passed the original judgment.