Supreme Court of India

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Supreme Court of India : 

1 Supreme Court of India Prin. Dr. H.G.Kulkarni D.G.B. Dayanand Law College, Solapur

Appointment of Judges : 

2 Appointment of Judges President to appoint - Consult Judges Appt. of Chief Justice of IndiaMr. A.N.Ray controversyin 1973 S.P.Gupta v. Union of India (1982) SCAORA v. Union of India(1993) Reference to Supreme Court under Art. 143 (1999) Chief Justice of India Justice K.G.Balakrishnan

Qualification for Appt. as Judge : 

3 Qualification for Appt. as Judge Citizen of IndiaAND High Court Judge for at least 5 yearsORHigh Court Advocate for at least 10 yearsORDistinguished Jurist

Impeachment of a Judge : 

4 Impeachment of a Judge Grounds: Proved Misbehaviour or Incapacity Procedure: A Motion addressed to the President signed by 100 members of Loksabha or 50 members of Rajyasabha Investigation by Judges’ Inquiry Committee Motion carried in each House by majority of the total membership and by a majority of at least two thirds members present and voting President’s order for removal of the Judge

Independence of Judges : 

5 Independence of Judges Appointment of Judges after Consulting Judges Removal by Special Majority: Very difficult Salaries and Pensions cannot be varied to their disadvantage Salaries charged on the Consolidated Fund of India Discussion of the conduct of Judges forbidden in Parliament After retirement prohibition to plead in Court Power to punish for its Contempt

Jurisdiction : 

6 Jurisdiction Original Jurisdiction - Art. 131 Writ Jurisdiction Appellate Jurisdiction: Civil Appellate Jurisdiction: Criminal Special Leave to Appeal - Art. 136 Advisory Jurisdiction Review Court of Record Laying down Precedent Complete Justice: Art.142

Original Jurisdiction : 

7 Original Jurisdiction Dispute between: Govt. of India and any State Govt. of India and any State on one side and any other State on other side Two or more States inter se Subject matter of Dispute: Any question of Law or Fact on which existence or extent of legal right depends. Exceptions: Pre-Constitution Treaties, Agreements Inter-State Water disputes

Writ Jurisdiction: Art. 32 : 

8 Writ Jurisdiction: Art. 32 Habeas Corpus Mandamus Prohibition Certiorari Quo Warranto

Habeas Corpus : 

9 Habeas Corpus To have a body Object: To set free a person illegally detained Producing Body in Court Necessary? Petition by friend/Relative also. Locus Standi liberalised Writ addressed to: Government An Official Private Person For disobedience : Contempt of Court

Mandamus : 

10 Mandamus Mandamus = A Command Order to do something: demands some activity Command to perform Public or Quasi-public duty Writ available against: Government Public Servant Judicial Body Writ not available against President of India Governor Private Individual

Prohibition : 

11 Prohibition Order to stay a judicial Proceeding When? Excess of Jurisdiction No Jurisdiction During pendency of proceeding (Prevention) To whom? Judicial Authority Quasi-judicial Authority Public Servant having duty to act judicially Not to Administrative Authority

Certiorari : 

12 Certiorari To whom: Judicial or Quasi-Judicial Authority Object: To quash order or decision (Cure) When? Court or Tribunal acts without jurisdiction Principles of Natural Justice not followed: Bias: Personal, Pecuniary Audi Alteram Partem Speaking Order Decision obtained by Fraud, Collusion, Corruption Error of Law apparent on the face of record

Quo Warranto : 

13 Quo Warranto Quo Warranto = What authority? Court inquires into legality of claim to Public Office Court ousts incumbent if claim not well founded Object: To prevent usurpation of Public Office (Constitutional or Statutory) When? Disqualified for the post Procedure not followed Irregular appointment Locus standi liberal

Appellate Jurisdiction – Civil : 

14 Appellate Jurisdiction – Civil From Judgment, Final Order, Decree, Sentence of High Court Constitutional Question involved: Substantial question of Law as to the Interpretation of the Constitution And Certificate of the High Court No Constitutional Question involved: Substantial Question of Law of general importance And In the opinion of the High Court the said question needs to be decided by the Supreme Court And Certificate of the High Court

Appellate Jurisdiction – Criminal : 

15 Appellate Jurisdiction – Criminal As of right: HC on appeal reverses an order of Acquittal and sentences to death. HC withdraws a case to itself from subordinate court and sentences to death. HC enlargement of Cr. App. Juris. Act, 1970 On Certificate of the High Court High Court certifies a criminal case as fit one for appeal to the Supreme Court. Substantial question of law as to the interpretation of the Constitution + Cert. of HC

Special Leave to Appeal(SLP) Art. 136 : 

16 Special Leave to Appeal(SLP) Art. 136 Discretionary power Unfettered power From : Any judgment, decree, order, sentence, determination in any cause or matter Passed or made by any Court or Tribunal Exception: Judgment of court of the Armed Forces When? In exceptional cases Illegality, Irregularity, Error of Law Miscarriage of Justice Principles of Natural Justice violated

Advisory Jurisdiction – 1Art. 143 : 

17 Advisory Jurisdiction – 1Art. 143 President may refer to Supreme Court for opinion Question of Law or Fact: Which has arisen or likely to arise And of great public importance Court may after ‘Hearing’ report to the President Court Shall after ‘Hearing’ report Judges to hear: Minimum 5 No litigation – Opinion not binding on the Govt.

Advisory Jurisdiction – 2Art. 143 : 

18 Advisory Jurisdiction – 2Art. 143 In re Delhi Laws Act case (1951) In re Kerala Education Bill (1958) In re Berubari Union (1960) Keshav Singh’s case (1965) The Special Courts reference (1978) Cauvery Water Disputes Tribunal (1992) Ismail Faruqui v. Union of India (Ram Janma Bhumi case) (1994) Judges’ Appt. and Transfer reference (1999)

Review : 

19 Review To review any judgment pronounced or order made Subject to Law passed by Parliament When? Discovery of new important matters of evidence Mistake or error on the face of the record Any other sufficient reason Review is exceptional phenomenonOnly where a grave and glaring error

Court of Record : 

20 Court of Record Power to punish for Contempt of itself

Miscellaneous : 

21 Miscellaneous Transfer of Cases, Appeals from one High Court to another Withdrawal of cases from High Court Precedent: Law declared by Supreme Court binding on all courts. (Art. 141) Art. 142: Doing complete justice Rule making power Interpretation of the Constitution Power of Judicial Review (Invalidating laws and executive actions)

The End : 

22 The End

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