Supreme Court

2 sets of Courts v Integrated Judiciary

1935 GOI Act

28 Jan, 1950 ( to uphold the Constitution)

succedded Federal Court set up by 1935 GOI Act Had wider Powers than Predecessor bcoz it can hear appeals heard by British Privy Council

34 ( including CJI) initially 31 ( expanded in 2019)

Parliament

124

Prez in consultation with CJI + Collegium of 4 seniormost Judges

Prez in consultation by such SC judges as Prez may feel right

consultation with CJI does not means Concurrence but only Exchange of opinion

Concurrence required , not mere exchange of opinion

Consultation means Concurrence of Pluarality of judges

NJAC Amendment 2014 (99th)(Struck down)

of the Seniormost Judge (overruled twice - Ray (1973), Beg ( 1977))

2nd Judges case 1993 ( seniormost Judge should alone be appointed to the office of CJI) ( doosri baar, no bakwaas)

C, 5 ( HC Judge ) 10 ( Advocate HC) Distinguished Jurist (no min.age given in Consti)

Parliament (cannot be varied to their disadvantage during their tenure)

65 years (Dispute related to age decided by PARLIAMENT)

President

only by Prez on recommendation of Parliament

mentioned in Consti-proven misbehaviour or incapacity

Judges Inquiry Act

Special Majority of EACH HOUSE of Parliament -majority of total membership of the house and majority of not less than 2-3rds of membwrs present and speaking

100 - LS;50 - RS

Resolution passed - Speaker/Chairman MAY/MAY NOT admit the motion - 3 member Comittee constituted by Speaker/Chairman to investigate - If Commitee finds the Judge guilty, House takes up for Consideration - Passed by 2/3rds majority - Finally, the Prez passes an order removing the judge

MAY/MAY NOT

3- CJI or Judge of SC CJHC Distinguished Jurist

0 (V Ramaswami process impeachment started but resolution defeated in LS as Congress abstained from voting)

Lack of quorum in SC(O)

CJI in consultation with CJHC, Prez

Increasing burden of SC

No

CJI in consultation with that person, Prez

131 Exclusive Jurisdiction

a question involving a question whether of law or fact on which Legal Right Depends

Private Citizen Pre Constitutional Treaty Agreement which excludes the juris of SC Financial Disputes Inter State Water Disputes

is concurrent with HC

issue writs for OTHER PURPOSES also

same Appeal lies only if HC certificate that it involves a substantial question of law that question which has to be divided by SC.

removed by 30th CAA

10 yrs - imprisonment of life/death

Discretionary power - grant of mercy

matter (civil, criminal, tax,advocates) order stage (final, interim) granted against any lower court or tribunal except against MARTIAL COURT

upon request of Prez

Public Important question which has arisen or likely to arise ( dekhte hain) - MAY/MAY NOT GIVE advise Any dispute arising out of Pre Consti Treaty - MUST give Advise

Non Binding - only Advisory

Constitution Bench - 5 judges in Open court Dissenting person can give dissent

Article 129 and 215 of the Constitution of India empowers the Supreme Court and High Court respectively to punish people for their respective contempt.

punish not only of itself but also of courts, tribunals anywhere in the Country

Court may take action (a) Suo motu, or (b) on a petition made by Attorney General, or Solicitor General, or (c) on a petition made by any person, and in the case of a criminal contempt with the consent in writing of the Attorney General or the Solicitor General

A.14 of Contempt Act

binding

141

142

increased by Parliament

when Court designates them with their consent

ONLY with an Advocate on Record

Yes, but only witha junior

those who are entitled to file or appear in the matter b4 SC

they are enrolled in State Bar Council they can APPEAR/ARGUE but cannot FILE ANY DOC b4 the Court

Original (includes martial cases), Judicial Review (very wide)

Appellate ( Civil, Criminal, Constitutional) Advisory Powers (American SC has none) SLP (American SC has none) Juris can be enlarged by Parliament (American SC has none enlargement,only that which is given by Constitution)

judicial superintendence over lower courts American SC has none since they do not have integrated judiciary

CJI P.N.Bhagwati,Justice Krishna Iyer (Not CJI)

SC/HC can examine constitutionality of LEGISLATIVE EXECUTIVE ADMINISTRATIVE ORDERS of both central/State Govt Constitutional Amendments

due process of law - both Substantive & Procedural while Indian procedure established by law of only SUBSTANTIVE grounds (& not whether Procedurw is reasonable or not)

DRIB Desai, Reddy, Iyer, Bhagwati

no Locus Standi No fees

Early 1980's

A.137

SC has the power to review any judgement pronounced (or order ) made by it

30 days

Chambers unless request for open couet hearing us allowed (ab khule me nhi batayenge apni galti)

Gross violation of justice, natural rules violation

Ashok Hurra v Ashok Hurra case (to give aggrieved party relief against final judgement)

Nirbhaya Case

Sanyal Committee

6 months jail 2000 Rs fine or both

"truth & good faith" added as defence

HC/SC pwers for punishment of Contempt

1 year from date of Contempt

S.3- Good Faith S 4-Fair & Accurate Report of Judicial Proceedings S .5 - Fair Criticism of Judicial Acts (Faith, Report, Criticize)

CJI (Chairman) 2 seniormost Judges Law Minister in Collegium + 2 Eminent Persons by (selected by PM, CJI & Loop Committee)

within 6 months prior to the vacancy aftwr NJAC makes a reference In case of death, reference to be made within 30 days of occurrence

Only once, if it comes back, it has to accept

SC ONLY(go back and change its judgement

SC on approval from Prez

Prez , V.Prez,UPSC