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|
- 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)
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).
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 presidentØ 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 indiaØ 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.
Detailed About Supreme Court & High Court For SSC Cgl, RRB ASM,Goods Guard Exam Reviewed by Arun Chowdary on 16:39:00 Rating: