Saturday 24 December 2011

SUPREME COURT-GK

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  • Supreme Court of India came into existence on 26th January, 1950 by virtue of the Indian Constitution.  It held its inaugural sitting on 28 January 1950.

  • The Supreme Court of India functioned from the Parliament House till it moved to the present building.

  • The Court moved into the present building in 1958. The building is shaped to project the image of scales of justice.

  • The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne Judges.

  • For the first time, Parliament increased the number of Judges from 8 in 1950 to 11 in 1956,

  • Presently, The Supreme Court of India comprises the Chief Justice and 30 other Judges appointed by the President of India.

  • Supreme Court Judges retire upon attaining the age of 65 years.

  • A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same Session for such removal on the ground of proved misbehaviour or incapacity.

  • The proceedings of the Supreme Court are conducted in English only.

  • In 2000 Justice K.G. Balakrishnan became the first judge from the dalit community. In 2007 he also became the first dalit Chief Justice of India.

  • The first woman to be appointed to the Supreme Court was Justice Fatima Beevi in 1987. She was later followed by Justices Sujata Manohar, Ruma Pal, Gyan Sudha Mishra and Justice Ranjana Desai

  • In order to be appointed as a Judge of the Supreme Court, a person must be a citizen of India and must have been, for at least five years, a Judge of a High Court or of two or more such Courts in succession, or an Advocate of a High Court or of two or more such Courts in succession for at least ten years or the person must be, in the opinion of the President, a distinguished jurist.

  • A person who has been a Judge of the Supreme Court is debarred from practising in any court of law or before any other authority in India.

  • ADM Jabalpur case – Supreme Court held that the Right to Life could not be claimed in Emergency

  • The senior most judge of the Supreme Court is appointed as the Chief Justice of India. Other judges are appointed by the President after consultation with such judges of the Supreme Court and of the High Court as the President may deem necessary.

  • Supreme Court Judges can give resignation to the President.

  • After retirement, a judge of Supreme Court cannot plead or act before any authority.

  • In a landmark judgement, the Supreme Court in the “Supreme Court Advocates – on – Record Association vs. Union of India” case, 1993, held that the Chief Justice’s opinion in the appointment of the judges of the Supreme Court and in the appointment and transfer of the judges of the High Court shall enjoy primacy.

  • A motion seeking the removal of the judge can be preferred before either House of the Parliament. If it is to be introduced in the Lok Sabha, it should be signed in by not less than 100 members of the Lok Sabha. If it is to be introduced in the Rajya Sabha, the motion should be signed in by not less than 50 members. 

  • The Chief Justice can appoint ad hoc judges in the Supreme Court after the consent of President; important aspect is they should be qualified to do so.

SOURCE: AIM CLAT

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