ICSE Solutions and Questions Answers for The Supreme Court (The Union Judiciary) Class 10 Civics
We are going to learn the ICSE Solutions of fourth chapter of the Civics textbook of Class 10. The name of the chapter is The Supreme Court (Union Judiciary). All types of questions including very short answer type, short answer type, structured questions and questions based on picture perception has been provided. This ICSE solutions for The Supreme Court (Union Judiciary) will help the students in learning the chapter outcome.
| Name of the chapter | The Supreme Court (The Union Judiciary) |
| Subject | History and Civics |
| Topics covered |
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| Related Readings |
Very Short Questions
1. Name the highest judicial tribunal in India.
Answer
The highest judicial tribunal in India is the Supreme Court.
2. Which body has the final authority to interpret the Constitution?
Answer
The Supreme Court has the final authority to interpret the Constitution.
3. Of which Constitutional system is the independent Judiciary a characteristic?
Answer
The independent Judiciary is a characteristic of the federal system.
4. How many Judges are there in the Supreme Court?
Answer
The Supreme Court consists of a Chief Justice and not more than thirty other Judges.
5. Who determines the strength of the Supreme Court?
Answer
The Parliament determines the strength of the Supreme Court.
6. Who can increase the number of Judges of the Supreme Court?
Answer
The number of Judges of the Supreme Court can be increased by the Parliament of India.
7. Who appoints the Judges of the Supreme Court?
Answer
The President appoints the Judges of the Supreme Court on the advice of the Chief Justice of Supreme Court.
8. Who appoints the administrative staff of the Supreme Court?
Answer
The President appoints the administrative staff of the Supreme Court on the advice of other members of the judiciary.
9. Mention the term of a Judge of the Supreme Court.
Answer
A Judge of the Supreme Court continues in office till he attains the age of sixty-five years.
10. Under what circumstances can the salaries and allowances of the Judges of the Supreme Court be reduced?
Answer
The salaries and allowances of the Judges of the Supreme Court can be reduced during periods of financial emergency.
11. Why should the Judiciary be separated from the Executive?
Answer
The Judiciary should be separated from the Executive because it should be free to impart impartial justice without any differentiation among people.
12. Jurisdiction of the Supreme Court can be divided into how many categories? Name them.
Answer
Jurisdiction of the Supreme Court can be divided into three categories. They are:
- Original Jurisdiction,
- Appellate Jurisdiction,
- Advisory Jurisdiction.
13. Appellate Jurisdiction of Supreme Court can be divided into how many groups? Name them.
Answer
Appellate Jurisdiction of Supreme Court can be divided into three groups. They are:
- Appeal in Constitutional Cases,
- Appeal in Civil Matters,
- Appeal in Criminal Cases.
14. If the President of India considers that a question of law may be referred to the Supreme Court, under which jurisdiction will the Supreme Court express its opinion in the matter?
Answer
Advisory Jurisdiction.
15. What is the Quorum required for a Constitutional Bench?
Answer
A Constitutional bench of five judges is required to determine the constitutional validity of laws of the Centre or the States. When the Supreme Court sits to decide about a Constitutional case, it is decided mandatorily by the required quorum.
16. Which cases cannot be moved to Supreme Court under Appellate Jurisdiction?
Answer
Supreme Court is the highest court of Appeal, but it shall not consider any appeal against the cases decided by Court Martial. Cases pertaining to military cannot be moved to Supreme Court.
17. What do you understand by Provisory Jurisdiction?
Answer
The Supreme Court under Article 137 is empowered to review any judgement or order made by it with a view to removing any mistake or error that might have crept in the judgement or order. This is because the Supreme Court is a court of record and its decisions are of evidentiary value and cannot be questioned in any court.
18. What does the term Court of Record imply?
Answer
The judgements of the Supreme Court are recorded for evidence / testimony. These are used as precedents. i.e. the High Court and other courts are bound to give similar decision in a similar case
19. What is Jurisdiction?
Answer
Jurisdiction is the legal frame work within which the court functions to impart justice and protect law is specified by the Constitution. By the virtue of this, the court has the power to carry out judgements and enforce laws.
20. Can adhere or retired Judges be called to serve on the Supreme Court? If so, give any one reason for doing so.
Answer
Yes, adhoc or retired judges can be called to serve on the Supreme Court when the quorum is not complete for holding the session of the Supreme Court.
21. Where is the seat of Supreme Court? Can it sit at any other place as well?
Answer
New Delhi, the capital of India is the seat of the Supreme Court. It may sit at any other place, with the prior approval of the President.
22. Under what circumstances can the salaries of the Supreme Court Judges be reduced?
Answer
The salary of the Supreme Court judges can be reduced only during the operation of Financial Emergency in the country under Article - 360 of the Constitution.
23. On what basis an appeal to the Supreme Court can be taken in civil cases?
Answer
An appeal can be taken to the Supreme Court if the High Court certifies that the case involves a substantial question of law of general importance, and that in the opinion of the High Court, the said question need to be decided by the Supreme Court.
24. Can the Supreme Court refuse to give its advice?
Answer
The Supreme Court is not bound to give its advice when a reference is made to it by the President. It can decline to give its opinion. (Example-The controversial Rain Mandir-Babri Masjid case)
25. What happens if either the Parliament or a State Legislature passes any law that is against the Constitution?
Answer
The Supreme Court can declare a law 'Ultra Vires' or null and void, if it is against the letter and spirit of the Constitution. The Supreme Court has the power to review all national and State laws and executive.
Short Answer Type
1. Why is it essential to keep Judiciary independent of Legislature and Executive?
Answer
(i) In a representative democracy, administration of justice assumes special significance in view of the rights of individual, which needs protection against executive or legislative interference. This protection Is given by making the judiciary independent of the other two organs of the government.
(ii) An independent and supreme judiciary is also an essential requirement of a federal governance. In a federal set-up, there is a constitutional division of powers between the executive, legislative and judiciary.
2. What is the provision for appointment of Adhoc Judges in the court?
Answer
(i) The Chief Justice may appoint a Judge of a High Court as an ad hoc Judge of the Supreme Court for a period as may be necessary. Such appointments are made with the consent of the President and after consultation with the Chief Justice of the High Court concerned.
(ii) The Chief Justice may at any tone, with previous consent of the President Request attendance of retired Judges of Supreme Court or High Courts to act as Judge of the Supreme Court.
3. State the service conditions of Supreme Court judges with respect to term of office and removal?
Answer
(i) A Judge of the Supreme Court (including the Chief Justice) remains in office until he attains the age of sixty-five years.
(ii) He may also be removed from his office by the President through Impeachment on the ground of 'proved misbehaviour or incapacity".
(iii) This is done only when an address is passed in each House of the Parliament, supported by a required majority of the total strength of House. It is then presented to the President. This procedure is called as impeachment of a Judge.
4. Under which Jurisdiction Supreme Court decides the interstate and centre state disputes?
Answer
Under Original Jurisdiction of the Supreme Court has the authority to hear and determine a case in the first instance directly, which extends to the following cases:
- A dispute between State/s and Union.
- Disputes between the Union and any States on the one side and other States on the other.
- A dispute between the States.
5. Mention any two types of cases in which the Supreme court has exclusive Jurisdiction.
Answer
(i) The Supreme Court has been given the exclusive jurisdiction to determine the constitutional validity of the Union laws.
(ii) The Supreme Court also has the exclusive jurisdiction to inquire into and decide all doubts and disputes in connection with the election of the President and Vice-President of India.
6. What is meant by original Jurisdiction? Mention two types of cases under Supreme Court's original jurisdiction?
Answer
Original jurisdiction means the power to hear and determine a dispute in the first instance; i.e., those cases which cannot be moved in any court other than the Supreme Court.
(i) Centre-State or inter-States Disputes: The Supreme Court has been given exclusive original jurisdiction in any dispute
- between Government of India and one or more States; or
- Between Government of India and any State or States on one side and one or more States on the other; or
(iii) Between two or more States.
- Interpretation of the constitution
7. There is a constitutional provision to provide security of salary to a Supreme Court Judge. Explain.
Answer
(i) Judges' salaries, allowances, etc., shall not be changed to their disadvantage during their term of office.
(ii) The salaries of the Judges cannot be reduced except during periods of financial emergency.
(iii) Their salaries and allowances are charged on the Consolidated Fund of India and so are not subject to vote of Parliament.
8. State the Instances of criminal cases where in a certificate from the High Court is not required.
Answer
The certificate of the High Court is not required in a case:
- Where the High Court has reversed the judgement of acquittal given by the Lower Court and punished the accused with a death sentence;
- a case which is withdrawn by the High Court from a Subordinate Court and sentenced the accused to death.
9. Describe Appellate Jurisdiction of Supreme Court.
Answer
Appellate Jurisdiction means the powers to grant special leave to appeal against the judgement delivered by any court in the country. It is a Court of appeal which means that it is a Supreme Court which may change the decision or reduce the sentence passed by the lower courts. The Supreme Court is the final Court of Appeal. An appeal lies to the Supreme Court from any judgement or final order of a High Court in India.
10. Which matters are referred to the Sure me Court under Advisory Jurisdiction? The President refers the following mutters to the Supreme Court for advice
Answer
(i) Any question of law of public importance
(ii) Disputes arising out of pre-Constitution treaties and agreement which are excluded from original jurisdiction.
11. Explain the term 'Judicial Review' of Supreme Court?
Answer
The Supreme Court is the interpreter of the constitution and its decision is final. It has the power to review laws passed by the Union or State legislatures. The Supreme Court can declare a law 'ultra vires' or null and void, if it is against the letter and spirit of the Constitution or contravenes any provision of the constitution. This power is referred to as the power of judicial review.
12. Why is the Supreme Court regarded as final interpreter of the constitution?
Answer
Judicial Review is the power of the Supreme Court to examine laws passed by the legislatures and the executive orders of the Centre and State governments whether these are In accordance with the Constitution or not. The final say as to what the Constitution means rests with the Supreme Court. That is why it is known as the "Guardian and the final interpreter of the Constitution."
13. Which Acts of Parliament were pronounced as null and void by Supreme Court under Judicial Review?
Answer
In 1970, the Supreme Court had declared the following Acts of Parliament as null and void, under its power of Judicial Review
- Presidential order concerning derecognisation of the former princes.
- Banking Companies Act, 1969, for the nationalisation of 14 banks. Similarly, in August 1999, the Supreme Court held that `merit' should be the sole criterion for admissions to post-graduate and other higher courses in medicine and engineering.
14. What is need of Judicial Review in a federal democratic system?
Answer
- In a written Constitution a law may be ambiguously worked. The question of interpretation of the Constitution is bound to arise and the Supreme court only has the power of original jurisdiction.
- The legislature may not possess the wisdom, experience and impartiality which are needed to explain what the law means.
15. What is the total number of judges in the Supreme Court? Who determines the strength of the Supreme Court?
Answer
There is one Chief Justice and 30 other judges and in the Supreme Court. The strength of the Supreme Court is decided by the Parliament.
16. Who appoints the Judges of the Supreme Court? What qualifications should they possess?
Answer
The judges of the Supreme Court are appointed by the President in consultation with the Chief Justice. The Judge:
- has been adjudge of one or more High Courts for at least five consecutive years or
- has been an advocate of one or more High Courts for ten consecutive years,
- should be a distinguished jurist in the opinion of the President.
17. What is the term of office of a Supreme Court Judge? Mention the grounds on which a Judge of the Supreme Court can be removed.
Answer
A judge remains in the office until he attains the age of sixty-five years. A judge may be removed from his office by the President on the ground of proved misbehaviour or incapacity.
18. What is meant by impeachment of a Judge? Mention its procedure.
OR
Explain briefly the procedure laid down for the removal of a Judge of the Supreme Court.
Answer
A Judge may be removed from his office on ground for "proved misbehaviour or incapacity" by impeaching him/her. Procedure The above can be done when a resolution is passed in each House of Parliament, supported by a simple majority of the total strength of a House, and by a two-thirds majority of those present, and voting in both Houses.
19. State the exceptions in the exercise of Original jurisdiction of Supreme Court.
Answer
Exceptions in the exercise of Original jurisdiction of Supreme Court are:
- A dispute arising out of a treaty, agreement, etc. which is in operation.
- In certain other matters such as interstate water disputes, matters referred to the Finance-Commission and,
- Adjustment of certain expenses and pensions between the Union and the States.
20. By whom is the dispute/case relating to election of the President or Vice-President of India heard and declared?
Answer
The dispute/case relating to election of the President or Vice-President is heard by the Supreme Court which has the original jurisdiction in the matter.
21. What are the circumstances under which the Supreme Court can hear an appeal, as a matter of right of the convicted person?
OR
In which Criminal cases the convict need not seek a certificate from the High Court?
Answer
The appeal lies to the Supreme Court as a matter of right in two types of cases of death sentence. For example:
- Where a Lower Court acquits an accused, and the High Court reverses this order and sentences the accused to death.
- Where the High Court withdraws a case under trial in a Subordinate Court and sentences the accused to death.
22. What is understood by a 'Single Integrated Judicial System' as provided in the Indian Constitution?
Answer
In a 'Single Integrated Judicial System' provided in the Indian Constitution, the Supreme Court of India is the Apex Court of India and administers both Union and State laws. Below the Supreme Court are the High Courts in each State or group of States followed by Subordinate Courts.
23. Who appoints the Chief Justice of the Supreme Court?
Answer
The President appoints the Chief Justice of the Supreme Court on the recommendation of the collegiums, a group consisting of the Chief Justice of India and four most senior associates judges of the Court.
24. Discuss about the manner of appointment of the Judges of the Supreme Court.
Answer
The Judges of the Supreme Court are appointed by the President by warrant under his hand and seal after consultation with such Judges of Supreme Court and High Courts as he deems necessary.
25. Mention the salary and allowances of the Chief Justice and the other Judges of the Supreme Court.
Answer
The Chief Justice of India and other Judges of the Supreme Court are entitled to a nominal monthly salary. They are also entitled to rent-free residential accommodation with other allowances and amenities.
26. What are the qualifications required to become a Judge of the Supreme Court.
Answer
In order to become a Judge of the Supreme Court, a person must possess the following qualifications:
- He/She must be a citizen of India.
- He/She should have worked as a Judge in any of the High Courts continuously for not less than five years.
- He/She should have been an advocate of a High Court for at least 10 years.
- He/She must be a distinguished Jurist.
27. Why there is a need for an independent Judiciary in India?
Answer
An independent Judiciary is an essential part of a federal system. As such, disputes regarding the interpretation of the Constitution and the division of powers between Centre and the States necessitate an impartial Judiciary.
28. Any three ways by which the Constitution ensures the Independence of the Judiciary.
Answer
Three ways by which the Constitution ensures the autonomy of the Judiciary are as follows:
(i) No discussion in Legislature on the conduct of a judge.
(ii) Appointment of judges by the President.
(iii) Prohibition of practice after retirement.
29. Explain the term of office and removal of Judges of the Supreme Court.
Answer
Term of office and removal of Judges: A Judge of the Supreme Court continues in office until he attains the age of 65. However, Article 124 (2) provides that a Judge may resign by writing under his hand addressed to the President. A Judge of the Supreme Court may be removed from office on the grounds of proved misbehaviour and incapacity by the President through an order issued after an address has been presented to him by the Parliament. Such an address must be supported by a majority of not less than two-thirds of the members present and voting in each House of the Parliament.
30. Mention the ways in which the Supreme Court has been made independent of the influence of the Executive.
OR
Mention two ways by which the Constitution ensures independence of the Judges of the Supreme Court?
Answer
(i) The Judges are although appointed by the President but he cannot remove them.
(ii) Security of Tenure.
(iii) Security of Salaries and service conditions.
(iv) The Judges are free to announce their decisions and decrees in the Court Chamber.
(v) Can punish for the Contempt of Court.
(vi) Forbids the discussion of the conduct of a Judge of the Supreme Court in Parliament.
(vii) The Judges are not allowed to practice after retirement.
31. What do you mean by Independence of the Judiciary and why is it needed?
Answer
Independence of Judiciary means its independence from the control of the executive and the legislature. This also means a fair, impartial, fearless and honest judiciary. An independent judiciary alone can do Justice. The Supreme Court and the High Courts administer justice not only between citizen's but between the 'Citizens' and the 'State'. Thus, the Independence of Judges is essential for the functioning of a democratic constitution.
32. Why the Judges of the Supreme Court are prohibited to practice after retirement?
Answer
The Judges of the Supreme Court and High Courts receive good pensions but they are not permitted to practice as Lawyers after their retirement. This restriction has been laid down so that the Judges do not feel obliged during their tenure as Judges to any prospective employers. On the other hand, they could influence their former colleagues in the judiciary if they are allowed to practice.
33. Any three types of cases in which the Supreme Court exercises its original jurisdiction.
Answer
Original jurisdiction is related to the cases which are directly brought to the Supreme Court. Such cases included:
(i) Cases which require the interpretation of the constitution.
(ii) Cases relating to the denial of fundamental rights are heard in the Supreme Court.
(iii) In criminal cases, an appeal lies to the Supreme Court if the High Court:
- has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or
- has withdrawn for trial before itself any case from any subordinate court to its authority and
- certified that the case is a fit one for appeal to the Supreme Court.
34. What is Appellate Jurisdiction? Mention any two types of cases over which the Supreme Court has Appellate Jurisdiction.
Answer
Appellate Jurisdiction means that Supreme Court the final court of appeal, has the power to grant special leave to appeal against the judgement that is delivered by any other court in the country. The Supreme Court has Appellate Jurisdiction regarding all types of cases i.e., constitutional, civil and criminal.
- Constitutional Cases: If the High Court certifies that the case involves a substantial question of law and needs to be heard in the Supreme Court.
- Civil Cases: Any such case which the High Court certifies, that the case involves a substantial question of law and needs to be decided by the Supreme Court.
- Criminal Cases: When the Lower Court acquits the accused and on appeal, the High Court reverses the decision and gives death penalty.
35. In the extensive Jurisdiction of the Supreme Court, state the difference between the Original Jurisdiction and the Appellate Jurisdiction. Mention two functions that come under Original Jurisdiction.
Answer
The Supreme Court has an extensive jurisdiction. In this context, the difference between original jurisdiction and appellate jurisdiction is:
(i) Original Jurisdiction: It means that the Supreme Court has the authority to hear and determine in the first instance the cases which cannot be moved in any other court than the Supreme Court.
(ii) Appellate Jurisdiction: It means that the Supreme Court has the power to grant special leave which may change or reduce the decisions passed by the Lower Courts.
Two function that comes under the Original Jurisdiction of the Supreme Court:
- Supreme court entertains original jurisdiction in the cases of dispute between Government of India and one or more states.
- It also solves the cases between two or more states.
Long Answer Type
1. Referring to the composition and organization of the Supreme Court, explain the following:
(a) Manner of the appointment of Judges/Chief Justice.
(b) Qualification for appointment of Judges.
(c) Term of the of the office and removal
Answer
(a) Every judge of the Supreme Court is appointed by the President in consultation with the Chief Justice India and such other Judges of the Supreme Court or High Courts as he may deem necessary from this purpose besides the Council of Ministers. The senior most judges of the Supreme Court is appointed as the CJI by the president.
(b) A judge of the Supreme Court must be a citizen of India, and have the following other qualifications:
- has been a Judge of one or more High Courts for five consecutive years, or
- an advocate of one or more High Courts for ten consecutive years,
- a distinguished jurist in the opinion of the President.
(c) A judge of the Supreme Court, including the Chief Justice, remains in office until he attains the age of sixty-five years. The procedure for impeachment or removal of Judges is as under:
- The resolution to impeach the Judge may be moved in either House of the Parliament after a notice of 14 days has been given. A list of charges must be supported by one-fourth of the total members of the House.
- Such a resolution must be passed by a 2/3rd of the total majority of the members of that House.
- Then the charges levelled against the Judge are investigated by the other House. The Judge can appear in person or through a counsel to defend himself.
- If the charges are approved by 2/3rd of the total majority, the impeachment is finalised and the Judge is removed from the day the impeachment resolution is passed.
2. Elucidate the role of Supreme Court as follows:
(a) Guardian of the Constitution
(b) Protector of Fundamental Rights
(c) Writs Issued by the Court for the protections of rights
Answer
(a) Guardian of the Constitution:
- The Supreme Court is the interpreter of the Constitution and its decision is final. All cases where interpretation of the Constitution is required can be directly filed in the Supreme Court. The Supreme Court has the power of exclusive jurisdiction in regard to questions as to Constitutional validity of central laws.
- It has the power to review laws passed by the Union or State legislatures. The Supreme Court can declare a law 'ultra sires' or null and avoid, if it is against the letter and spirit of the Constitution or contravenes any provision of the Constitution. This power is referred to as the power of judicial review.
- The Supreme Court has the power to review all National and State laws and executive orders and declare them null and void, if they go against the provisions of the Constitution.
(b) Protector of Fundamental Rights:
- Fundamental rights of an individual needs to be protected against executive or legislative interference.
- The original jurisdiction extends to cases of violation of the Fundamental Rights of individuals and the court can issue several Writs for the enforcement of these rights. Any individual can approach the Supreme Court in case of violation of a fundamental right.
- The Constitution prohibits the State from making any law which takes away or abridges the Fundamental Rights. If it does so. The law shall be declared null and void by the Supreme Court.
(c) The Constitution empowers the Supreme Court and High Courts to issue the following writs or orders.
- Writ of Habeas Corpus: Habeas Corpus (Latin: means that to have the body) is a writ through which a person can seek relief from unlawful detention of himself or another person.
- Writ of Mandamus: 'Mandamus' means “we command”. Mandamus is a judicial remedy which is in the form of an order from a superior court to any government servant or subordinate court to fulfil statutory duties.
- Writ of Prohibition: The writ of Prohibition is issued to prevent an inferior court from exercising powers, with which it is not legally vested, and to direct it to remain within the limits of its jurisdiction.
- Writ of Certiorari: The writ of Certiorari means 'to be informed of what is going on'. It is a remedy issued by the Supreme Court to the inferior court after the verdict is passed.
- Writ of Quo-warranto: The Writ of Quo-warranto is issued against a person who has held an office illegally. If the court declares that the office is held unlawfully, it can declare the office vacant and direct the usurper to quit.
3. With reference to the powers and functions of the Supreme Court discuss the Original Jurisdiction as under:
(a) Centre-State or inter-States Disputes
(b) Protection of Fundamental Rights
(c) Transfer of cases from Lower Courts
(d) Interpretation of Constitution
Answer
(a) Centre-State or inter-States Disputes: The Supreme Court has been given exclusive original jurisdiction in any dispute-
- between Government of India and one or more States; or
- between Government of India and any State or States on one side and one or more States on the other; or
- between two or more States.
(b) Protection of Fundamental Rights: The original jurisdictions extend to cases of violation of the Fundamental Rights of individuals and the court and issue several Writs for the enforcement of these rights. Any individual can approach the Supreme Court in case of violation of a fundamental right.
(c) Transfer of Cases from Lower Courts: Under Article 139 A, inserted by the 44th Amendment in 1978, the Supreme Court may transfer to itself cases from one or more High Courts, if these invlove questions of law or cases are of great importance. The Supreme Court may transfer cases from one High Court to another in the interest of Justice.
(d) Interpretation of Constitution: All cases where interpretation of the Constitution is required can be directly filed in the Supreme Court. The Supreme Court has the power of exclusive jurisdiction in regard to questions as to Constitutional validity of central laws.
4. Explain the Appellate Jurisdiction of Supreme Court with regards to
(a) Constitutional cases
(b) Civil cases
(c) Criminal cases
Answer
Supreme Court may change the decision of reduce the sentence passes by the lower courts. The Supreme Court is the final Court of Appeal. An appeal lies to the Supreme Court from any judgement or final order of a High Court in India. The appellate jurisdiction extends to Constitutional, civil and criminal cases.
(a) Constitutional cases: All matters irrespective of the nature, where a certificate is issued by a High Court that it involves an important point of law and needs interpretation of the Constitution, can be brought before the Supreme Court can grant special leave of appeal.
(b) Civil cases: Appeals in civil matters lie to the Supreme Court, if the High Court certifies:
- that the case involes a substantial question of law of general importance, and
- that the question needs to be decided by the Supreme Court. However, if the High Court refines to give a certificate, the Supreme Court can grant special leave to appeal in suitable cases.
(c) Criminal cases: Two types of appeals in criminal cases lie in the Supreme Court:
(i) Cases without the certificate of the High Court.
(ii) Cases with the certificate of the High Court. The certificate of the High Court is not required in a case:
- where the High Court has reversed the Judgement of acquittal given by the Lower Court and punished the accused with a death sentence.
- a case which is withdrawn by the High Court from a Subordinate Court and sentenced the accused to death. In all other criminal cases, a High Court certification that the case involves a substantial point of law and interpretation of the Constitution is required for appealing to the Supreme Court.
5. Discuss the composition of the Supreme Court of India.
Answer
The Supreme Court consists of a Chief Justice and 30 other Judges or as decided by the Parliament. The Judges of Supreme Court are appointed by the President by warrant under his hand and seal after consultation with such Judges of Supreme Court and High Courts as he deems necessary. Every Judge of the Supreme Court shall hold office till he attains the age of 65 years. During his office, a Judge may be removed by the Parliament or resign from his office by submitting his resignation to the President. The Chief Justice of the Supreme Court with the prior consent of the President may appoint ad hoc Judges for the time being, if quorum of Judges is not available to hold the sessions of the Court.
The qualifications required to become a Supreme Court Judge are:
- He must be a citizen of India.
- He should have worked as a judge of High Court continuously for at least five years.
- He should have been for 10 years an advocate of two or more High Courts. OR He should be a distinguished Jurist in the opinion of the President.
6. Discuss the manner in which the constitution seeks to maintain the Independence of the Judges of the Supreme Court.
Answer
The Independence of the Judges of the Supreme Court is ensured by the Constitution in following ways:
- Security of Service: The Judges of the Supreme Court cannot be removed from office until they complete 65 years of age or they have been removed by the Parliament.
- Emoluments not Subject to Reduction: Emoluments of judges cannot be reduced during their tenure until there is a financial emergency in the country.
- No discussion in Legislature on the Conduct of a Judge: This discussion is held only when the house wants to remove the judge, otherwise the discussion about the conduct of any judge cannot be held in any legislature.
- Freedom to Announce Decisions and Decrees: The judges have freedom to decide cases without any danger to their person, property or fame.
7. With reference to the Independence and Impartiality of the Supreme Court, explain the role of each of the following factors:
(i) No discussion with respect to the conduct of any Judge.
(ii) Power to punish for contempt of itself.
Answer
(i) No discussion with respect to the Conduct of any Judge: No discussion shall take place in Parliament with respect to the conduct of any Judge in the discharge of his duties, except when a motion for his removal is under consideration. The conduct of a Judge cannot ordinarily be a subject-matter of discussion inside legislature.
(ii) Punishment for the Contempt of Court: Genuine criticism of a judgment is allowed, but nothing should be done to lower the authority or dignity of the Court. The Supreme Court has the power to punish for contempt of itself.
8. What is the procedure for the removal of a Supreme Court Judge.
OR
Explain the impeachment procedure for the removal of Judges.
Answer
A Judge can be impeached on grounds of proven misbehaviour or incapacity. The process involves a motion being passed by a special majority of each House of Parliament.
- A motion addressed to the President which has been signed by atleast 100 members of the Lok Sabha or 50 of the Rajya Sabha is given to the Chairman or Speaker.
- It is then investigated by a committee of 2 Supreme Court Judges and a distinguished jurist.
- If the motion is found acceptable then it is given to the initiating House for consideration.
- It is prospected to the President after it has been passed by two third majority of each house.
- The judge will be removed after the President gives the order for his removal.