InterviewSolution
| 1. |
With reference to the powers and functions of the Supreme Court, answer the following: (a) What is meant by Judicial Review and Original Jurisdiction ?(b) What is Appellate Jurisdiction ? Mention any two types of cases over which the Supreme Court has appellate jurisdiction.(c) (i) Why is the Judiciary kept independent from the control of the executive and legislature ? (ii) What is the procedure for the removal of a Supreme Court Judge ? |
|
Answer» (a) Judicial Review: Judicial Review: The Supreme Court has the power to review any judgement pronounced or order made by it. It is not bound by its own decisions and orders. It possesses the rights to review the judgement and, if found necessary, it reverses the earlier decisions. Both the Supreme Court and the High Courts are empowered to declare any law or act of any body or individual ultra vires if it violates the spirit of the constitution. Original Jurisdiction: The Original Jurisdiction extends to those cases which Supreme Court has authority to hear and decide in the first instance. The Supreme Court in its original jurisdiction entertains suits in the following cases: 1. A dispute between the Government of India and one or more states. 2. Disputes between two or more states. 3. A Dispute between the Union and any state on the one side and other states on the other. 4. The Supreme Court entertains suits for the enforcement of Fundamental Rights also. Such suits can be brought by private individuals against the Union Government or a State Government. 5. Original Jurisdiction extends to such other cases in which an Interpretation of the Constitution is involved. (b) The cases which come to the Supreme Court to appeal from the decision or order of High Court or a Tribunal in India come under as ‘Appellate Jurisdiction’. Two types of cases over Appellate Jurisdiction : (i) Constitutional Cases: An appeal can lie to the Supreme Court from any ; judgment or order of a High Court, whether in civil, criminal or other proceeding, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution. (ii) Civil Cases: If the High Court certifies that the case involves a substantial question of law and the said questions needs to be decided by the Supreme Court then an appeal can lie to the Supreme Court. (c) (i) Judiciary kept independent from the control of the executive and legislature because an independent judiciary alone can do justice. The judges are free to announce their decisions and decrees in the court chambers without any danger to their person, property or fame. Their decisions cannot be affected or criticized by any person of any possession and status, public and not even by press. (ii) A Judge of the Supreme Court can be removed from his office only on the ground of ‘Proved misbehaviour’ or ‘incapacity’. Procedure for the removal has been prescribed in the Constitution itself. In order to remove a Judge of the Supreme Court, each House of Parliament will have to pass a resolution supported by a majority of the total membership of that House and by a 2/3 majority of the members of that House present and voting; Such a resolution passed by both the Houses will be addressed to the President, who will then pass the order of removal of the Judge. |
|