ICSE Class X Civics The supreme court - revision Q&A

The Supreme Court
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Single Integrated Judiciary System
Questions

What is meant by the term
‘India has Single Integrated
Judiciary System’

Answers
According to Indian Constitution ‘India
has Single Integrated Judiciary System,
because –
1. India has one single civil and
criminal system operates through
out the country, instead of separate
sets of laws.
2. Supreme Court is the Apex Court &
is Head of all other courts;
controlling their functions in the
Country
3. In India, one can appeal from Lower
Court to High Court and finally to
Supreme Court


Single Integrated Judiciary System
• Why India adopted for a Single Integrated judiciary
system instead of double judicial set up?
•

India adopted a single integrated judiciary system instead of
double judicial set up; because • Single Judiciary System is essential requirement for federal
governance; where, constitutional powers are divided in
the executives, legislatures and judiciary.
• An independent judicial system can protect individuals
more effectively from the executives and legislative
interference.
• An independent and impartial judicial is an essential
requisite for ensuring human rights and protecting
democracy.


Supreme Court
Questions

Answers

What is the Composition of
Supreme Court?

The Supreme Court is composed of –
1. A Chief Justice of India ; and
2. Twenty Five other judges.

How more judges can be
accommodate in Supreme Court

Supreme Court can accommodate more
judges, if Parliament by law prescribes
requirements of more Judges.

How the Judges of Supreme
Court are appointed?

Every judge of the Supreme Court is
appointed by the President of India in
consultation with the Chief Justice of India
and other judges of Supreme Court and
Council of Ministers.

How Chief Justice is appointed?

Usually the senior most Judge of the
Supreme Court is appointed as Chief Justice
of India.


Supreme Court
Questions

Answers

What is the appointment of Ad
Hoc Judges to Supreme Court?

1. The Chief Justice may appoint a Judge of
High Court as an Ad Hoc Judge to
Supreme Court for specific period.
2. The appointment of Ad Hoc judges are
made with the consent of the President
of India

What is the term of Supreme
Court Judge?

A Supreme Court Judge shall –
• Hold office until he/she attains the age of
65 years.
• May submit his/her written resignation to
the President

How Supreme Court judge can
be removed?

• As such Supreme Court Judge can not be
removed from office, except by an order of
President on the ground of proved
misbehavior or incapacity.


Independence of Judiciary from the Control of
Executive and Legislature
Questions

Explain, how Indian Judiciary is
independent from Legislature
and Executives from –
a) Salaries and service
conditions;
b) Freedom to announce
decisions and decrees

Answers
Independence of Judiciary is ensured by
following devices –
a) Salaries and service conditions: Salaries
and allowances of Judges are paid by
Consolidated Fund of India; hence are
not subject to vote of parliament. Their
salaries can not be changed to their
disadvantage and reduced except in
financial emergency
b) Freedom to Announce decisions and
decrees: Judges are free to announce
their decisions and decrees in the court
chamber without any danger to their
person, property and life. Judges’
decision can not be criticized in public
by the press.


Independence of Judiciary from the Control of
Executive and Legislature
Questions

Answers

Explain, how Indian Judiciary is
independent from Legislature
and Executives from –
a) Punishment for Contempt of
Court?
b) Full Control over its
Procedure of Work and
Establishment

Independence of Judiciary is ensured by
following devices –
a) Punishment for Contempt of Court:
The Supreme Court can punish for
the Contempt of Court, if a person or
authority means an attempt to lower
its authority.
b) Full Control over its Procedure of
Work and Establishment: The
Supreme court is free to decide its
own procedures of work and its
establishment and the condition of
services and it’s employees. Supreme
Court is free from influence from any
outside agency


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Jurisdiction and Powers of the Supreme Court
Questions

Answers

What is the jurisdiction of
Supreme Court?

Supreme Court has Original and
Appellate Jurisdiction. Supreme Court
also had Advisory Jurisdiction.

What is the role of Supreme
Court related to the
Constitution?

The Supreme Court is the Protector and
final Interpreter of the Constitution.

What is Original Jurisdiction of
the Supreme Court?

Original Jurisdiction means – the power
to hear and determine a dispute in the
first instances; i.e. those cases which
can not be moved to any court, except
Supreme Court


Questions

Answers

What is the role of Supreme
Court in ‘Protection of
Fundamental Rights’

The Protection of Fundamental rights
falls under Original Jurisdiction of
Supreme Court. Any individual can
approach Supreme Court, in case of
violation of his/her Fundamental rights.
The Court can issue several Writs for
the enforcement of these rights.

What is role of Supreme Court in
Transfer of Cases from Lower
Courts?

1. The cases involving law or cases of
great importance, Supreme Court
can take a transfer from High Court
2. Supreme Court my transfer cases
from one High Court to another in
the interest of Justice.


Questions

Answers

What are the Appellate
Jurisdiction of Supreme Court?

The Appellate Jurisdiction of the Supreme
Court extends to –
a) Constitutional Cases
b) Civil Cases
c) Criminal Cases

What are the Appellate
Jurisdiction of Supreme Court
with respect to Constitutional
Cases?

• All matters irrespective of the nature
involving an important point of law
which needs interpretation of the
Constitution , and where a certificate is to
be issued by a High Court, can be brought
before the Supreme Court.
• If the High Court refuses to give such
certificate, the Supreme Court can grant
special leave of appeal.


Functions of Supreme Court
Questions

Answers

What is role of Supreme Court in
the disputes arising out of preconstitution treaties and
agreements?

Supreme Court has Advisory Jurisdiction and
can express its opinion in the disputes
arising out of pre-Constitution treaties and
agreements those are excluded from original
jurisdiction by Article 131.

What is Revisory Jurisdiction of
Supreme Court?

The Supreme Court under Article 137 is
empowered to view any judgment or order
made by it with a view to removing any
mistake or error that might have crept in the
judgment or order.

Why Revisory Jurisdication
power are given to Supreme
Court?

The Revisory Jurisdiction powers are given
because the Supreme Court is a court of
record and its decisions are evidentiary
value and can not be questioned in any court


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