General Studies Manual

for
UPSC and State Public Services
Examinations
2014

Indian Polity & Constitution

Module-10: Union and State Judiciary

Author: Suresh Soni

www.gktoday.in

First Published in 2010

Last Updated: November 2013

2010-2013 Suresh Soni | All Rights Reserved

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  General Studies Manual for UPSC and State
Indian Polity--10:: Union and State Judiciary

Chapter 1. Supreme Court of India


Supreme Court as Highest Interpreter of Constitution





               

               

            
between:



Supreme Court as Protector of the Fundamental Rights
             
           


           

Supreme Court is the Supreme Appellate Court in India
              


             
             

Advisory Jurisdiction of Supreme Court

importance.

 
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  General Studies Manual for UPSC and State
Indian Polity--10:: Union and State Judiciary





Comparing Supreme Courts of Independent India and British India
               
      
     
  

 

Comparing Supreme Courts of India and England




              


Comparing Supreme Courts of India and United States
 
              
             



             
 
              
  
              
 

    
Member 
Name: 
sunil kumar Member's Email address:    
tripathisunilkumar21@gmail.com   
120.56.225.142




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  General Studies Manual for UPSC and State
Indian Polity--10:: Union and State Judiciary

Constitutional Provisions regarding Union Judiciary

                


 
 
 
 








  














What is maximum Strength of the Supreme Court of India?
     
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sunil kumar Member's  tripathisunilkumar21@gmail.com
Email address:       120.56.225.142
    
  
 
 

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  General Studies Manual for UPSC and State
Indian Polity--10:: Union and State Judiciary


                  

  

How the Judges of Supreme Court Appointed?
 
               

 
 

 
How much relevant is the advice of CJI?
     -        

 

 
                 
               
              
              

Qualifications of the Judges of the Supreme Court
 


 

                 
                 
 Member Name: sunil kumar Member's Email address: tripathisunilkumar21@gmail.com 120.56.225.142

Tenure of the Judges

  


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  General Studies Manual for UPSC and State
Indian Polity--10:: Union and State Judiciary

 
 




Retirement Age of the Supreme Court and High Court Judges

Presently, Supreme Court judges retire at 65 and High Court judges at 62. Please note that the Constitution (114th
Amendment) Bill 2010 seeks to raise the retirement age of only the High Court judges from 62 to 65, which was tabled in
Parliament in December 2011 but not as yet passed. Enhancing the retirement age of the High Court judges to 65 will have
many advantages. One factor deterring a competent lawyer from accepting judgeship is the retiring age at 62. Increasing it
to to 65 may induce competent lawyers to seek appointment as judges of the High Court. Secondly, with a larger tenure,
judges may acquire more maturity, learning and experience so necessary for a judge. Thirdly, with retirement at 65, a judge
may be less anxious about looking for employment after retirement, by way of an appointment to a Tribunal or Commission
by governments. Fourthly, today the Chief Justices and most senior judges of the High Courts, nearing their retirement at
62, sometimes aspire unbecomingly to being selected judges of the Supreme Court not only for the prestige of the post but
also to obtain another three-year stint in the Supreme Court. If the retirement age is increased to 65 on a par with that of
Supreme Court judges, senior judges may be content with remaining in their own High Court rather than seek an additional
three-year stint, in the Supreme Court. The history of enacting laws on the retirement age of High Court judges makes
strange reading. The Constitution makers fixed it at 60 following the Government of India Act, 1935. At the time of making
the Constitution, it was suggested that the age be increased but eminent parliamentarians like T.T. Krishnamachary and
K.M. Munshi strongly resisted this. They said most High Court judges became unfit for active work after 60. They believed
that only rarely judges beyond 60 remained competent and these few judges would have the opportunity to be appointed to
the Supreme Court or as ad hoc judges in the High Court under another provision of the Constitution. With no logic, the
Constitution-makers had a poor notion of the fitness of High Court judges after 60, but a higher notion of the competence of
Supreme Court judges after 60, for whom they prescribed retirement at 65. In 1962, the Constitution was amended to raise
the retirement age of High Court judges only, to 62. (The Hindu)

How the Judges of Supreme Court Removed?




 
             
pr


What is the salary of the Supreme Court Judges?
               

 
  
 `
Member Name: sunil kumar Member's Email address: tripathisunilkumar21@gmail.com 120.56.225.142

 `90,000

 `90,000

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  General Studies Manual for UPSC and State
Indian Polity--10:: Union and State Judiciary

 `80,000


 Non-votabl
 
  
 India
Who acts as CJI in his / her absence?
 

What are Ad Hoc Judges?
                

 

 
               
  

                
  
Supreme Court and High Courts as Court of Record



Seat of Supreme Court
meeting
                 


Jurisdiction of Supreme Court
What is Original Jurisdiction of the Supreme Court?
   
Member 
Name: 
sunil kumar Member's Email  
address:  120.56.225.142
tripathisunilkumar21@gmail.com     
 






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  General Studies Manual for UPSC and State
Indian Polity--10:: Union and State Judiciary



 
 
What is Appellate Jurisdiction of the Supreme Court?
            - 
                

                


                 
                 



to







              


What is Advisory Jurisdiction of the Supreme Court?
             

                   

  Member

Name: sunil  
kumar Member's  
Email address:    
tripathisunilkumar21@gmail.com     
120.56.225.142




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  General Studies Manual for UPSC and State
Indian Polity--10:: Union and State Judiciary

Can Supreme Court overrule its own verdicts?



 1
               


What is Curative Petition?


What is judicial review?
               
             





               


 




Is Judicial Review relevant?




              


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1
Indian Constitution: Ministry of Information and Broadcasting, Government of India

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  General Studies Manual for UPSC and State
Indian Polity--10:: Union and State Judiciary

               


What is Judicial Activism?
                

             

             
D
             


                
             



             
              




Public Interest Litigation: Current form of Judicial Activism
T                



              
                 

               
             
 Member Name: sunil kumar Member's Email address: tripathisunilkumar21@gmail.com 120.56.225.142

 

              
      -      

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  General Studies Manual for UPSC and State
Indian Polity--10:: Union and State Judiciary

    .   
         


 


 
                  





Remedial nature of PIL:
              
             

Judicial Activism in 1990s:


          

                


  




Judicial Activism and the Public Interest:
  
 



            

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Relevance of Judicial Activism:

            
 


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  General Studies Manual for UPSC and State
Indian Polity--10:: Union and State Judiciary

            
                
 
 




non-           

Opponents View to Judicial Activism
 
           
           

              


Conclusion: Judicial Activism

discharg 
 
               

            


               



               

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Chapter 2. Judiciary in Indian States: The High Courts
                   



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  General Studies Manual for UPSC and State
Indian Polity--10:: Union and State Judiciary



High Courts in India v/s High Courts in United States
               
  
                  
u


 

Appointment of the Judges of High Courts
                
appo                 
                 

 

 

 
 


 



            
               
                   
Court.
-
                 

 Member
 
Name: sunil kumar Member's tripathisunilkumar21@gmail.com
Email address:       
120.56.225.142

                

 
 

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  General Studies Manual for UPSC and State
Indian Polity--10:: Union and State Judiciary

                 

 `90,000
 `


 
     
      
office;
             


             
 

 
              

AnyConstitution

               

Removal of the Judge of a High Court


o                
 

o  
               
 
o  
o 
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o  
o  

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  General Studies Manual for UPSC and State
Indian Polity--10:: Union and State Judiciary

Removal Process of a Judge of higher judiciary in India

 
 

-
                 

 


                 
 

               

o 
o  
o 





               
                
o-



Impeachment of Justice Ramaswami
                
 
 
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  General Studies Manual for UPSC and State
Indian Polity--10:: Union and State Judiciary

Impeachment of Justice Soumitra Sen


               
           
 
Background:
                 
 
                 
 
 

 

                  

Outcome


 
         -      



Jurisdiction of the High Courts
 
                 
 
            

o   

o             

o 
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o 
o  
             


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  General Studies Manual for UPSC and State
Indian Polity--10:: Union and State Judiciary

  

              



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