Detailed About Supreme Court & High Court For SSC Cgl, RRB ASM,Goods Guard Exam

Detailed About Supreme Court & High Court For SSC Cgl, RRB ASM,Goods Guard Exam

             Supreme Court

•          Every judge of the supreme court after consulting the chief justice of the supreme court,is appointed by the president of india .
•          In appointent of the chief justice of india,president can consult such judges of the supreme court and the high court as he thinks appropriate.
•          A person is qualified for the appointment as a judge of the supreme court,if the person is

Ø  A citizen of india

Ø  Has been a high court judge for at least 5 years

Ø  Has been an advocate of a high court, or two or more courts in succession for  atleast 10 years (Ref.:Art.124(3)) 

•          No minimum age or fixed period of office is prescribed for appointment as the judge of the supreme court.
•          A judge of supreme court ceases to be so, on.

Ø  Attaining the age of 65 years

Ø  Resigning in writing addressed to the president

Ø  On beeing removed by the president

Ø  The only grounds for such removal are proved misbehaviour and incapacity (Ref.: Art.124)(4)  

•          Procedure for removal or impeachment of a supreme court Judge :

Ø  A motion addressed to the president signed by at least 100 members of the Lok Sabha or 50 members of Rajya Sabha is delivered  to the speaker  or Chairman.

Ø  The motion is investigated by a committee of 3 (2 judges of supreme court and a distinguished Jurist).

Ø  If the committee finds the judge guilty, report of committee is considered in the house where the motion is pending.

Ø  If the motion is passed in each House by majority of the total membership of the house and by a majority of not less than two-thirds of the members present and voting the address is presented to the president

•          The judge is removed after the president gives his order for removal  on such addresss
•          The procedure for impeachment is the same for judges of the supreme court and the High courts.
•          After retirement a judge of the supreme court can not plead or act in any court or before any authourity of within the territory of India (Ref.: Art.124(7)).
•          Jurisdiction of the supreme court is three – fold :

1.     Original                   2. Appellate                  3.Advisory.

•          Disputes between different states of the union or between union any state is within exclusive original jurisdiction of the supreme court (Ref.: Art.  131).
•         The jurisdiction of the supreme court to entertain an application under Art.32 for the isssue of wrists for the enforcement of fundamental rights is treated as an “ Original “Jurisdiction  of the supreme court though called wrist jurisdiction
•          The supreme court is the highest court of appeal from all courts in the territory of india
•         Supreme is the highest authority for interpresentation of the contitution.
•          Supreme court may hear appeals by granting special leave against any kind of judgment or order made by any  court or tribunal ( except a millatary tribunal).
•          Under advisory jurisdiction, supreme court can give its opnion on any matter or fact of public importance referred  to it by the president.(Ref.: Art.143).

                                                     High Court

•        The High Court is the head of the Judiciary in the state.
  ·         Every judge of a high court is appointed by the president of india.
  ·         In making appointment as s high court judge; president can consult the chief justice of india, the governor of the state and also the chief of the high court.
  ·         A judge of the high court can hold office untill the age of 62 years
  ·         A High Court judge can leave his office:
  Ø  By resigning in writing addressed to the president.
  Ø  By being appointed a judge of the supreme court or being transferred to any oyher High court by the president.
  Ø  By removal by the president
  Ø  The mode of removal of a judge of the high court is same as that of a judge of supreme court.
  ·         The qulaifications for being a judge of the High court are:
  Ø  Be a citizen of india
  Ø  Not above 62 years of age.
  Ø  Must have held for at least 10 years a judicial office in territory of india or experience of at least10 years a high court, or more such courts in succession in india.
  Ø  Salaries and allowances of the High Court judges are charged on the consolidated fund of the state (ref.: Art. 202(d)).
  Ø  After retirement a permanent judge of High Court can not plead or act in a court or before any authority in india , except the supreme court and a High Court in which he has not worked.