InterviewSolution
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Our Judicial system has a Supreme Court at its Apex, followed by the High Court and other Subordinate Courts. In the light of this statement, explain the following : (a) Any three types of cases in which the Supreme Court exercises its Original Jurisdiction.(b) Any three ways by which the Constitution ensures the Independence of the Judiciary.(c) ‘Advisory’ and ‘Revisory Jurisdiction of the Supreme Court. |
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Answer» (a) Original Jurisdiction means the authority and power of the Supreme Court to hear a case in the first instance directly. The original and exclusive jurisdiction of the Supreme Court extends to the following cases : • Interpretation of the Constitution in case of a dispute between the Union Government and one or more States. • Interpretation of the Constitution in case of dispute between two or more States interests, relating to some justiciable right, • The Supreme Court has the exclusive jurisdiction to determine the Constitutional Validity of the Union laws. Such cases are debated by a majority of the full Constitutional Bench of seven Judges. (b) The independence of Judiciary (Supreme Court) has been ensured in our country in the following ways . 1. The judges are appointed by the President in consultation with the Chief Justice and such other judges he may deem necessary. This ensures their independence. 2. The Judges possess high qualifications in law; they have a long experience in this field; they are eminent jurists. This ensures their independence. 3. The removal of a judge, which is done through impeachment, has been made very difficult, Impeachment is done by the Parliament on the basis of “proved misbehaviour or incapacity”. This requires simple majority of the total strength of both the Houses of the Parliament, and a 2/3rd majority of those present and voting in both Houses to pass a resolution of impeachment, (c) Advisory : The President may seek Supreme Court’s opinion or advice on a question of law or fact, which is of public importance in the opinion of the President, whether it has actually arisen or is likely to arise. The Supreme Court may give its opinion, after such hearing as it may think fit. It is done by a Bench of five Judges, by a majority vote. The opinion of the Supreme Court is pronounced in the open court. But the opinion of the Supreme Court is not binding on the President, as it is not a judicial decision or pronouncement. It is only a consultative view. It must be noted that the Supreme Court is also not bound to give its advisory opinion when a reference is made to it by the President. The Supreme Court can decline to give its opinion. Usually, its opinion is rejected by all courts and tribunals. Revisory : Judicial Review is the power of the Supreme Court to examine laws passed by the independent and the executive orders of the Centre and State governments in order to find whether these are in accordance with the Constitution or not. This is called Judicial Review. If an order or a law’ is found to be contrary to the Constitution, the Supreme Court declares it null and void. |
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