Friday, June 11, 2010

Making of constitution - 7

Judiciary
Supreme Court

1. Art. 124: - Supreme Court consists of Chief Justice and not more than 30 other judges.


2. Appointment:- He has been a High Court Judge for at least 5 years or has been an advocate of a High Court for at least 10 years.


3. No minimum age is prescribed for appointment as a judge of Supreme Court. Judges hold offices until he attains the age of 65 years.


4. The only grounds upon which he may be removed are: ‘proved misbehavior’ & incapacity.


5. Art. 126: - When the office of Chief Justice is vacant or he is unable to discharge his duties, the duties of the Chief Justice shall be performed by such one of the Judges of the Supreme Court as President may appoint for the purpose. (Acting Chief Justice).


6. Art. 127:- Appointment of adhoc Judges.


7. Art. 129: - The SC is a court of records and in this capacity it enjoys the power to punish for its contempt.


8. Art. 131: - Original jurisdiction- Certain types of cases such as dispute between the centre and states and dispute between two or more states.


9. Art. 132:- Appellate Jurisdiction- The Supreme Court is the highest court of appeal in the country.


10. Art. 143: - Advisory Jurisdiction: - The President may ask the Supreme Court to render advice on any legal or other matter whenever he thinks it necessary. Though such advice is not binding on the President; it is respected by lower courts as precedent.


11. Art. 137: - Review of judgments or order by Supreme Courts.


12. Art. 139: - Powers to issue certain writs.


13. Art. 141: Law declared by Supreme court tobe binding on all courts.


14. Present Chief Justice of India: - Just. S. H. Kapadia has been appointed as Chief Justice of India.


15. The Supreme Court held its inaugural sitting on 28 January, 1950 in the Chamber of Princes.


16. Present Supreme Court building was designed by Ganesh Bhikaji Deolalikar. The court moved to present building in 1958.


17. At the time of constitution of Supreme court total number of judges were 1+7= 8 in 1950.


18. The first woman to be appointed to the Supreme Court was – Justice Fatima Beevi in 1987. She was followed by Sujata Manohar, Ruma Pal and Gyan Sudha Mishra.


19. D.P. Wadhwa Committee constituted by Supreme Court to monitor its orders in the PIL on the Right to Food.


20. Indian Judiciary cover PIL – Epistolary jurisdiction.


High Court

1. Art. 214:- Provision of High Court for each State.


2. Art. 215: - High courts to be court of Records.


3. Art 217: - Appointment & conditions of the office of a judge of High court.


4. Art 224: - Appointment of retired judges at sitting of high court.


5. Art 226: - Powers to issue certain writs.


6. Art 231:- Establishment of a common High Court for two or more states.


7. Qualification for appointment as High Court Judge : held for at least 10 years a judicial office / been for at least 10 years an advocate of a High Court.


8. Art 202: - Expenditure in respect of the salaries and allowancesof the judges shall be charged on consolidated fund of the state.

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