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JUDICIARY

Supreme

Court

High Courts

Subordinate

Courts

(3)

SUPREME COURT

(4)

PREVIOUS YEAR QUESTION

Q. Who/Which of the following is the custodian of the Constitution of India? (2015)

(a) The President of India

(b) The Prime Minister of India (c) The Lok Sabha Secretariat (d) The Supreme Court of India

(5)

PREVIOUS YEAR QUESTION

Q. Who/Which of the following is the custodian of the Constitution of India? (2015)

(a) The President of India

(b) The Prime Minister of India (c) The Lok Sabha Secretariat

(6)

NUMBER OF JUDGES

(7)

PREVIOUS YEAR QUESTION

Q. The power to increase the number of judges in the Supreme Court of India is vested in (2014)

(a) the President of India (b) the Parliament

(c) the Chief Justice of India (d) the Law Commission

(8)

PREVIOUS YEAR QUESTION

Q. The power to increase the number of judges in the Supreme Court of India is vested in (2014)

(a) the President of India

(b) the Parliament

(c) the Chief Justice of India (d) the Law Commission

(9)

APPOINTMENT

Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty five years

(10)

APPOINTMENT

THE COLLEGIUM SYSTEM

SC

JU

D

G

E

• CJI

• 4 SC JUDGES

HC

JUDGE

• CJI

• 2 SC JUDGES

T

FR

: JUDG

ES

4 SC CJI

JUDGES

• CJ HCI

• CJ HCO

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PROCESS OF REMOVAL

• GROUND: Misbehaviour/Incapacity

• MANNER: Judges (Inquiry) Act’1968

• Parliament can remove the Judges of SC & HC through special majority.

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PREVIOUS YEAR QUESTION

Q. Consider the following statements:

1) The motion to impeach a judge of the SC cannot be rejected by the speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.

2) The constitution of India defines and gives details of what constitutes

‘incapacity and proved misbehaviour’ of the judges of the SC.

3) The details of the process of the impeachment of the judges of the SC are given in the Judges (Inquiry) Act, 1968.

4) If the motion of the impeachment of a judge is taken up for voting, the law requires the motion to be backed by each house of the parliament and supported by a majority of total membership of that house and by not less than two-thirds of total members of that House present and voting.

Which of the statements given above is/are correct? (2019)

(a) 1 and 2 (b) 3 only

(c) 3 and 4 only (d) 1, 3 and 4

(15)

PREVIOUS YEAR QUESTION

Q. Consider the following statements:

1) The motion to impeach a judge of the SC cannot be rejected by the speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.

2) The constitution of India defines and gives details of what constitutes

‘incapacity and proved misbehaviour’ of the judges of the SC.

3) The details of the process of the impeachment of the judges of the SC are given in the Judges (Inquiry) Act, 1968.

4) If the motion of the impeachment of a judge is taken up for voting, the law requires the motion to be backed by each house of the parliament and supported by a majority of total membership of that house and by not less than two-thirds of total members of that House present and voting.

Which of the statements given above is/are correct? (2019)

(a) 1 and 2 (b) 3 only

(16)

Salary & Oath

• Salary – Schedule II

• Oath – Schedule III

(17)
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Court of Records

(19)

Jurisdiction of SC

(20)

PREVIOUS YEAR QUESTION

Q. The power of the Supreme Court of India to decide

disputes between the Centre and the States falls under its (2015)

(a) advisory jurisdiction (b) appellate jurisdiction (c) original jurisdiction (d) writ jurisdiction

(21)

PREVIOUS YEAR QUESTION

Q. The power of the Supreme Court of India to decide

disputes between the Centre and the States falls under its (2015)

(a) advisory jurisdiction (b) appellate jurisdiction

(22)

PREVIOUS YEAR QUESTION

Q. Which of the following are included in the original jurisdiction of the Supreme Court? (2012)

1. A dispute between the Government of India and one or more States

2. A dispute regarding elections to either House of the Parliament or that of Legislature of a State

3. A dispute between the Government of India and a Union Territory

4. A dispute between two or more States

Select the correct answer using the codes given below:

(a) 1 and 2 (b) 2 and 3

(c) 1 and 4 (d) 3 and 4

(23)

PREVIOUS YEAR QUESTION

Q. Which of the following are included in the original jurisdiction of the Supreme Court? (2012)

1. A dispute between the Government of India and one or more States

2. A dispute regarding elections to either House of the Parliament or that of Legislature of a State

3. A dispute between the Government of India and a Union Territory

4. A dispute between two or more States

Select the correct answer using the codes given below:

(a) 1 and 2 (b) 2 and 3

(24)

Jurisdiction of SC

Appellate jurisdiction

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(26)

Special Leave Petition

(27)

Jurisdiction of SC

(28)

Jurisdiction of SC

Advisory jurisdiction

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PREVIOUS YEAR QUESTION

Q. Consider the following statements:

The Supreme Court of India tenders advice to the President of India on matters of law or fact

1. on its own initiative (on any matter of larger public interest). 2. if he seeks such an advice.

3. only if the matters relate to the Fundamental Rights of the citizens.

Which of the statements given above is/are correct? (2010) (a) 1 only (b) 2 only

(30)

PREVIOUS YEAR QUESTION

Q. Consider the following statements:

The Supreme Court of India tenders advice to the President of India on matters of law or fact

1. on its own initiative (on any matter of larger public interest). 2. if he seeks such an advice.

3. only if the matters relate to the Fundamental Rights of the citizens.

Which of the statements given above is/are correct? (2010) (a) 1 only (b) 2 only

(c) 3 only (d) 1 and 2

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Other Important Provisions

• Art 139A

• Art 141

(33)

Absolute Powers of SC

Art 142

The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for

doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall

(34)

PREVIOUS YEAR QUESTION

Q. With reference to the constitution of India, prohibition or

limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under

Article 142. It could mean which one of the following? (2019)

a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law. b) The Supreme Court of India is not constrained in the exercise of

its powers by laws made by the parliament.

c) In the event of grave financial crises in the country, the

President of India can declare Financial Emergency without the counsel from the cabinet.

d) State Legislatures cannot make laws on certain matters without the concurrence of the Union legislature

(35)

PREVIOUS YEAR QUESTION

Q. With reference to the constitution of India, prohibition or

limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under

Article 142. It could mean which one of the following? (2019)

a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.

b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the parliament.

c) In the event of grave financial crises in the country, the

President of India can declare Financial Emergency without the counsel from the cabinet.

d) State Legislatures cannot make laws on certain matters without the concurrence of the Union legislature

(36)

Rules of Supreme Court

(37)
(38)

ESTABLISHMENT & CREATION

• Presently – 25

• High Court for each state

• Common HC for two or more States (7th A/A 1956)

(39)

HIGH COURT STATES/UTs

BOMBAY Goa, Dadra and Nagar Haveli and Daman and Diu, Maharashtra

CALCUTTA Andaman and Nicobar Islands, West Bengal GAUHATI Arunachal Pradesh, Assam, Mizoram,

Nagaland

J&K Jammu and Kashmir, Ladakh KERALA Kerala, Lakshadweep

TAMIL NADU Tamil Nadu, Puducherry PUNJAB &

HARYANA

(40)

PREVIOUS YEAR QUESTION

Q. Assertion (A): In India, every state has a High Court in its territory.

Reason (R): The Constitution of India provides for a High Court in each state. (2006)

Codes:

(a) Both A and R are individually true and R is the correct explanation of A

(b) Both A and R are individually true, but R is not the correct explanation of A

(c) A is true, but R is false (d) A is false, but R is true

(41)

PREVIOUS YEAR QUESTION

Q. Assertion (A): In India, every state has a High Court in its territory.

Reason (R): The Constitution of India provides for a High Court in each state. (2006)

Codes:

(a) Both A and R are individually true and R is the correct explanation of A

(b) Both A and R are individually true, but R is not the correct explanation of A

(c) A is true, but R is false

(42)

APPOINTMENT

Art 217 (1): Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the chief Justice, the chief Justice of the High court, and shall hold office, until he attains the age of sixty two years

(43)
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PREVIOUS YEAR QUESTION

Q. Consider the following statements:

1. The mode of removal of a Judge of a High Court in India is same as that of removal of a Judge of the Supreme Court. 2. After retirement from the office, a permanent Judge of a

High Court cannot plead or act in any court or before any authority in India.

Which of the statements given above is/are correct? (2007)

(a) 1 only (b) 2 only

(c) Both 1 and 2 (d) Neither 1 nor 2

(45)

PREVIOUS YEAR QUESTION

Q. Consider the following statements:

1. The mode of removal of a Judge of a High Court in India is same as that of removal of a Judge of the Supreme Court. 2. After retirement from the office, a permanent Judge of a

High Court cannot plead or act in any court or before any authority in India.

Which of the statements given above is/are correct? (2007)

(a) 1 only (b) 2 only

(46)

PREVIOUS YEAR QUESTION

Q. The salaries and allowances of the Judges of the High Court are charged to the (2002)

(a) Consolidated Fund of India

(b) Consolidated Fund of the State (c) Contingency Fund of India

(d) Contingency Fund of the State

(47)

PREVIOUS YEAR QUESTION

Q. The salaries and allowances of the Judges of the High Court are charged to the (2002)

(a) Consolidated Fund of India

(b) Consolidated Fund of the State

(c) Contingency Fund of India

(48)

Jurisdiction

Original Jurisdiction

• Electoral disputes (Parliament & State Legislatures)

• Admiralty (Involving law of seas)

Appellate Jurisdiction

• Largely all civil and criminal matters come under this.

Writ Jurisdiction: Art 226

(49)
(50)

Appointment

District Judge: Appointed by Governor on the

advice of HC. (Art 233)

❑Advocate or a pleader of seven years’ standing or

more, or

❑An officer in judicial service of the Union or the State

Lower Judge: SPSC conducts exam and interview

conducted by HC. (Art 234)

(51)

PREVIOUS YEAR QUESTION

Q. Consider the following statements:

1. The highest criminal court of the district is the Court of District and Sessions Judge.

2. The District Judges are appointed by the Governor in consultation with the High Court.

3. A person to be eligible for appointment as a District Judge

should be an advocate or a pleader of seven years’ standing or

more, or an officer in judicial service of the Union or the State. 4. When the Sessions Judge awards death sentence, it must be

confirmed by the High Court before it is carried out. Which of the statements given above are correct? (2004)

(a) 1 and 2 (b) 2, 3 and 4

(52)

PREVIOUS YEAR QUESTION

Q. Consider the following statements:

1. The highest criminal court of the district is the Court of District and Sessions Judge.

2. The District Judges are appointed by the Governor in consultation with the High Court.

3. A person to be eligible for appointment as a District Judge

should be an advocate or a pleader of seven years’ standing or

more, or an officer in judicial service of the Union or the State. 4. When the Sessions Judge awards death sentence, it must be

confirmed by the High Court before it is carried out. Which of the statements given above are correct? (2004)

(a) 1 and 2 (b) 2, 3 and 4

(c) 3 and 4 (d) 1, 2, 3 and 4

(53)

NATIONAL LEGAL SERVICES

AUTHORITY

• Created in 1987 under provisions Legal Services Authorities Act

• Came in force – 9th November, 1995

• Purpose: To establish a nationwide uniform network for providing free and competent legal services to the weaker sections of the society on the basis of equal opportunity. (Art 14 & Art 21)

(54)

STRUCTURE

• State Legal Services Authorities

• District Legal Services Authorities

• Taluk Legal Services Committees

(55)

FUNCTIONS

• To provide free and competent legal services to the eligible persons.

• To organize Lok Adalats for amicable settlement of disputes.

(56)

FREE LEGAL SERVICES

• Payment of court fee, process fees etc.

• Providing service of lawyers in legal proceedings.

• Obtaining and supply of certified copies of orders and other documents in legal proceedings.

• Preparation of appeal, paper book including printing and translation of documents in legal proceedings.

(57)

ELIGIBILITY

• Women and children • Members of SC/ST

• Transgender whose annual income does not exceed ₹2,00,000 • Industrial workmen

• Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster

• Disabled persons • Persons in custody

• Persons whose annual income does not exceed ₹ 1 lakh • Victims of trafficking in human beings or begar.

(58)

PREVIOUS YEAR QUESTION

Q. In India, Legal Services Authorities provide free legal services to which of the following type of citizens?

1. Person with an annual income of less than ₹1,00,000

2. Transgender with an annual income of less than ₹2,00,000 3. Member of Other Backward Classes (OBC) with an annual

income of less than ₹3,00,000 4. All Senior Citizens

Select the correct answer using the code given below: (2020)

(a) 1 and 2 only (b) 3 and 4 only

(c) 2 and 3 only (d) 1 and 4 only

(59)

PREVIOUS YEAR QUESTION

Q. In India, Legal Services Authorities provide free legal services to which of the following type of citizens?

1. Person with an annual income of less than ₹1,00,000

2. Transgender with an annual income of less than ₹2,00,000 3. Member of Other Backward Classes (OBC) with an annual

income of less than ₹3,00,000 4. All Senior Citizens

Select the correct answer using the code given below: (2020)

(a) 1 and 2 only (b) 3 and 4 only

(60)

PREVIOUS YEAR QUESTION

Q. With reference to National Legal Services Authority, consider the following statements: (2013)

1. Its objective is to provide free and competent legal services to the weaker sections of the society on the basis of equal opportunity.

2. It issues guidelines for the State Legal Services Authorities to implement the legal programmes and schemes

throughout the country.

Which of the statements given above is/are correct?

(a) 1 only (b) 2 only

(c) Both 1 and 2 (d) Neither 1 nor 2 IP: Module XII

(61)

PREVIOUS YEAR QUESTION

Q. With reference to National Legal Services Authority, consider the following statements: (2013)

1. Its objective is to provide free and competent legal services to the weaker sections of the society on the basis of equal opportunity.

2. It issues guidelines for the State Legal Services Authorities to implement the legal programmes and schemes

throughout the country.

Which of the statements given above is/are correct?

(a) 1 only (b) 2 only

References

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