Questions and Answers
The Supreme Court of India consists of a _______________ Justice and, 30 other Judges.
Chief
The total number of judges was originally _______________ but in 1977, it was increased to 17 and in 1986 to 25, excluding the Chief Justice.
seven
Under article 124(2), Supreme Court judges are to be appointed by the _______________ “after consultation with such judges of the Supreme Court and of the High Courts as the President may deem necessary”.
President
After studying this lesson, you will be able to know about the procedure of appointment of Judges to the _______________ Court and the High Courts of India;
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The Constitution of India is the _______________ Law of the country.
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Z appreciate the significance of ‘ Judicial _______________’;
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Z appreciate the role of _______________ in dispensing justice to the weak and the downtrodden;
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Z recognise the role of _______________ of the State and the Heads of its units i.e. States in the process of recruitment of the judicial heads of the Courts;
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A judge may be removed from his/her office only by an order of the ______ passed after an address by each House of Parliament.
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The procedure of the presentation of an address for investigation and proof of misbehavior or incapacity of a Judge will be determined by ______.
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The expression ‘misbehavior’ in article 124 (5) includes criminal misconduct as defined in the ______ of Corruption Act.
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The Constitution prohibits a person who has held office as a judge of the ______ Court from practising law before any Court in the territory of India.
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Under Article 128, the ______ Justice may appoint the retired Judges of the Supreme Court to sit and act as Ad hoc Judges in the Supreme Court.
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When the office of the ______ Justice of India is vacant or when the Chief Justice is unable to perform the duties of his office due to absence, the President shall appoint an Acting Chief Justice.
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The Supreme Court has held that a Judge of the ______ Court or High Court can be prosecuted and convicted for criminal misconduct.
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A judge may be removed from his/her office on the ground of ‘proved misbehavior or ______’, supported by a majority of the total membership of that House.
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The President may seek opinion of the Supreme Court on any question of ______ or fact of public importance on which he/she thinks it is expedient to obtain such an opinion.
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On such references from the President, the Supreme Court may report to him/her its opinion ______.
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The opinion is only ______, which the President is free to follow or not to follow.
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Article-139 lays down that Parliament may confer on the Supreme Court power to issue ______, orders or writs in matters not already covered under Article 32.
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Under Article-140, Parliament may supplement the powers of the Supreme Court to enable it to perform effectively the functions placed upon it under the ______.
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Law declared by the Supreme Court is binding on all courts in India under Article-______.
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Article-142 provides that the Supreme Court in exercise of its jurisdiction may pass such ______ or orders as necessary for doing complete justice.
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Until provision is made by the Parliament, the orders of the Court will be enforced in the manner prescribed by the ______.
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He/she can only be removed from his office in the ______ manner as provided for the removal of a Judge of the Supreme Court.
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After retirement, he/she is also restricted to plead before the court he retired from and ______ courts but he/she can practice in other High Courts and the Supreme Court.
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Every High Court Judge is entitled to a ______ and allowances as decided by Parliament or as specified in the Second Schedule of the Constitution.
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The President can transfer Judges from one High Court to the other after ______ the Chief Justice of High Court.
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Every High Court shall consist of a Chief Justice and such other ______ as the President may appoint from time to time.
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Each High Court has powers of ______ over all the Courts and Tribunals except the Tribunals of Armed Forces.
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After consulting the Chief Justice of a High Court, the President can appoint a retired judge to sit and act as a ______.
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Every High Court Judge is entitled to a salary and allowances as decided by ______ or as specified in the Second Schedule of the Constitution.
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A High Court can take a case pending in a lower court if it has a substantial _______________ of law.
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Article 226 provides that every High Court has power to issue _______________ for enforcement of the Fundamental Rights or for any other purpose.
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The High Court has been given much wider power than the Supreme Court by inserting the word ‘any other _______________’.
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The salaries and allowances of the Judges and of the High Court staff are charged on the _______________ Fund of the State.
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The officers and staff of High Courts are appointed by the _______________ justice or other such Judge or officer.
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The terms and conditions of services of the staff and officers of the court are decided by the rules made by the _______________ justice and approved by the President.
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The jurisdiction of a High Court may be extended to or excluded from a _______________ Territory.
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Article 228 provides that a High Court can take a case pending in a lower court if it has a substantial question of _______________.
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Study Notes
Composition and Organisation of the Supreme Court
- The Supreme Court of India consists of a Chief Justice and 30 other Judges, with the possibility of an increase in number by law.
- The President appoints Supreme Court judges after consulting with Supreme Court and High Court judges.
- A Supreme Court judge can only be removed by the President after an address by each House of Parliament, with a majority vote in both Houses.
Powers of the Supreme Court
- The President can seek the Supreme Court's opinion on any question of law or fact of public importance.
- The Supreme Court may report its opinion to the President, which is advisory and can be followed or not.
- The Supreme Court has the power to issue directions, orders, or writs in matters not already covered under Article 32.
- Law declared by the Supreme Court is binding on all courts in India.
- The Supreme Court can pass decrees or orders necessary for doing complete justice.
High Courts
- Every High Court shall consist of a Chief Justice and other judges appointed by the President.
- The President can transfer High Court judges from one High Court to another after consulting the Chief Justice of the High Court.
- The Chief Justice of a High Court can appoint a retired judge to sit and act as a judge with the President's consent.
- High Courts have powers of superintendence over all courts and tribunals except armed forces tribunals.
Jurisdiction of High Courts
- High Courts have the power to issue writs for enforcement of Fundamental Rights or for any other purpose.
- High Courts can take cases pending in lower courts for determination or decide the question and send it back to the same court.
- The jurisdiction of a High Court may be extended to or excluded from a Union Territory.
Judicial Activism and PIL
- Judicial activism refers to the Supreme Court's role in actively shaping policy and law, often through public interest litigations (PILs).
- PILs allow individuals or groups to approach the court on behalf of marginalized or oppressed groups, promoting social justice and equality.
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Description
Test your knowledge of the Indian judiciary system, including the appointment of judges, jurisdiction and powers of the Supreme Court and High Courts.
