To Join Free Coaching For Our Next Batch: Click Here

www.upscportal.
com
2013 UPSCPORTAL .COM
To Join Free Coaching for our Next Batch
Click Here
www.upscportal.com
The Supreme Court of India was constituted under Article 124 of the Constitution. It commenced its sittings on January 28, 1950. In order to be appointed as a Judge of the Supreme Court a person must be a citizen of India and must have been: For at least five years, a Judge of a High Court or of two or more such Courts in succession, or An advocate of a High Court or of two or more such Courts in succession for at least 10 years, or In the opinion of the President, a distinguished jurist.
Click Here
www.upscportal.com
Art. 124 of the Constitution of India deals with the appointment of Supreme Court Judges. Art 124(2) says that every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary. In the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted. However, the actual process of appointment has gone through changes due to apex court verdicts.
Click Here
www.upscportal.com
Supreme Court judge retires when he attains the age of 65 years.
He may resign addressing the letter to the President of India. He may be removed by an order of the President based on parliamentary vote.
Click Here
www.upscportal.com
Supreme Court Judge may be removed from his office by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting on the ground of proved misbehaviour or incapacity. Article 124(5) specifically Lays down that Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity.
Click Here
www.upscportal.com
Art.126 says that when the office of the Chief Justice of India is vacant or when he is not in a position to perform his duties, they are performed by such other judge of the Supreme Court that the President may appoint.
Click Here
www.upscportal.com
Art.127 says that if there is no quorum of the Supreme Court judges to hold or continue any session of the Court, the CJI, with the previous consent of the President and in consultation with the Chief Justice of the High Court concerned can request in writing a judge of the high Court who is qualified to be a judge of the Supreme Court, to function as ad hoc judge of the Supreme Court. Art. 128 says that retired High Court and Supreme Court judges may be requested by the CJI, with prior consent of the President to sit and function as the judge of the Supreme Court
Click Here
www.upscportal.com
Art 132 of the Constitution provides for an appeal to the Supreme Court from any judgment, decree or final order of a High Court, whether in civil, criminal or other proceedings, if the High Court certifies that the case involves a substantial question of law as to the interpretation to the constitution. A substantial question of law means a question on which two or more High Courts have differed.
Click Here
www.upscportal.com
Under Art. 131, exclusive original jurisdiction of the Supreme Court is one where no other court in the country enjoys the same power. It extends to all federal disputesany dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States.
The writ jurisdiction of the Supreme Court is original but not exclusive as the power is also availb1e to the High Courts (Art.226). Article 32 of the - Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. It is empowered to issue writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them.
Click Here
www.upscportal.com
The Supreme Court has a very wide appellate jurisdiction over all Courts and Tribunals in India as it may, in its discretion, grant special leave to appeal under Art. 136 of the Constitution from any judgment, decree, determination, sentence or order interim or final-in any matter from any Court or Tribunal in the territory of India.
Click Here
www.upscportal.com
The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution. According to Art. 143, if it appears to the President that a question of law or fact has arisen, or is likely to arise which is of public importance and that it is necessary to take the opinion and advice of the Supreme Court on it The advice of the Supreme Court is not binding on the President but it has the value of a judgement.
Click Here
www.upscportal.com
Article 317 of the Constitution, provides that the Chairman or any other member of a Public Service Commission can be removed from his office by order of the President, on the ground of misbehavior, after the Supreme Court on reference being made by the President, has on enquiry reported that he ought, on such ground, to be removed from his office.
Click Here
www.upscportal.com
Under Art. 129 of the Constitution the Supreme Court is a court of record. It means it has the following attributes its proceedings are recorded and can be quoted as evidence in any court in the country. it sets its own jurisdiction and it can punish for contempt of court including contempt of itself.
Click Here
www.upscportal.com
The Judges (inquiry) Bill, 2006 establishes a National Judicial Council (NJC) to conduct inquiries into allegations of incapacity or misbehaviour by High Court and Supreme Court judges.
The NJC shall consist of the Chief Justice of India, two Supreme Court judges and two High Court Chief Justices to investigate High Court judges; or the Chief Justice of India and four Supreme Court judges to investigate Supreme Court judges.
Click Here
www.upscportal.com
Many reforms have already been initiated and are in progress. Some have already taken effect as shown below: CPC amendments CrPC amendments 2008 Lok Adalats Gram Nyayalayas Act 2008 B-judiciary It is suggested that the jury system like in the US should be adopted where the common public can be asked to work as jurors (judges) and decide cases on the basis of facts. It will reduce pressure on courts.
Click Here
www.upscportal.com
Gram Nyayalaya Act 2008 aims at providing inexpensive justice to people in rural areas on their doorstep.
It provides for first class judicial magistrates dispensing justice. Gram Nyayalayas will try criminal cases, civil suits, claims or disputes concerning all the offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
Click Here
www.upscportal.com
Fast track courts were set up, on the recommendation of the 11th Finance Commission to deal with criminal cases involving undertrials (there are 1.8 lakh undertrials in jails around the country) and other cases pending for more than two years.
Click Here
www.upscportal.com
Lok Adalat literally means peoples court. It is an alternative dispute settlement mechanism which settles disputes through conciliation and mediation. It helps in quick disposal of cases and the process is simple and carries no fees. Lok Adalats are statutory forums since the enactment of Legal Services Authorities Act, 1987. All legal disputes pending in civil, criminal, revenue courts or a tribunal can be taken to Lok Adalat for amicable settlement except criminal cases which are non-compoundable (that is, serious of fences where charges cannot be dropped without the consent of the judge).
Click Here
www.upscportal.com
Judicial review is the power of the judiciary to review the laws made and executed by the legislature and executive to make sure that they are in line with the Constitution and statute. If they are not, judiciary strikes them down partly or wholly.
The PIL movement in the country is a classical case of judicial activism whereby the judiciary- the higher rungstake justice to the doorstep of the weak and vulnerable.
Click Here
www.upscportal.com
Justice Krishna Iyer, in Murnbai Kamgar Sabha vs. Abdulbhai Faizullabhai (1976) used the expression PIL for the first time. Justice Bhagavathi added momentum to PIL in the late seventies.
In PIL, the victims of violation of constitution and law may be weak, vulnerable and illiterate. There are many cases where public interest is violated-for example, child labour, bonder labour.
Click Here
www.upscportal.com
In such a case involving public interest, Supreme Court since late 1970s, allowed the principle of locus standi to be set aside. Any socially spirited individual is allowed to bring it to the notice of the court.
PIL means a legal action initiated in a court of law for the enforcement of public interest in which the public as against private individuals have interest in the form of protection/restoration of their rights.
Click Here
www.upscportal.com
The e-Judiciary initiative is taken up- computerization and connectivity to help in meeting the needs of the citizens in a transparent manner and enable quicker disposal of cases.
The Supreme Court took up the e-courts project under the-National e-Governance Plan (NeGEP) for linking about 15,000 courts in the country.
Click Here
www.upscportal.com
COURTNIC is an information system designed to provide the information, on the status of cases in the Apex Court to a wide variety of users, from anywhere in the country.
Click Here
www.upscportal.com
High Court stands at the head of the States judicial administration. There are 21 High Courts in the country. High courts have jurisdiction over a state, a union territory or a group of states and union territories.
High Courts are sanctioned under Part VI, Chapter V, Article 214 of the Indian Constitution.
The Chief Justice of a High Court is appointed by the President in consultation with the Chief Justice of India and the Governor of the state.
Click Here
www.upscportal.com
Every High Court shall consist of a Chief Justice and such other judges as the President of India from time to time deem it necessary. The number of judges in a court is decided by dividing the average institution of main cases during the last five years by the national average.
The Additional Judges are appointed for a period not exceeding two years taking into account the temporary increase in the business of the High Court. Such judge shall also not hold office after attaining the age of 62.
Click Here
www.upscportal.com
To be eligible for appointment as a judge, one must be a citizen of India and should have held a judicial office for 10 years or must have practiced as an advocate of a High Court or two or more such courts in succession for a similar period.
Click Here
www.upscportal.com
The Judges of High Court can remain in office till the completion of 62 gears of age.
Besides on the following grounds he can be relieved from this office.

1. If he is promoted and transferred to Supreme Court, 2. If on the basis of misbehavior or disqualification, if the Parliament in a Single Session passes a resolution by a majority of the total membership which is more than two-thirds of the members present and voting in each House of Parliament separately. 3. If the resign. After his retirement, he can practice in any High Court other than his own court.
Click Here
www.upscportal.com
Under Article 223, if the office of the Chief Justice of any State High Courts falls vacant or if the Chief Justice is absent or for some reason is not in a position to discharge the responsibilities of the office, then the President is empowered to appoint any one of the judges of that Court as Acting Chief Justice.
Click Here
www.upscportal.com
Under Article 224 (1) if for some temporary reason the functions of a High Court has increased temporarily and the President feels the necessity to increase the number of Judges temporarily for these functions, then he can appoint those who fulfill the requisite qualifications as Additional Judges for a period not exceeding two years. In the like manner, under article 224 (2) during the absence of some judge, the President can appoint acting judge.
Click Here
www.upscportal.com
The highest court in the district is that of District and Sessions judge. It is empowered to hear both the civil as well as criminal cases. It should be noted that the district and the session court is one and the same court and the same person acts in both the civil and criminal capacities. When he deals with civil cases, he is known as the District Judge and when he hears criminal cases, he is called the Sessions Judge. He is appointed by the Governor of the state in consultation with the Chief Justice of the High Court. The District and Sessions Court is the highest court of the district. The District and Sessions Judges hears appeals from subordinate courts under it.
Click Here
www.upscportal.com
The Highest Civil Court in the district is that of a District Judge. The same person hears the civil and the criminal cases. When he hears criminal cases he is called the Session Judge; but when he deals with civil cases, he is called the District Judge. There are Courts of many subjudges under him. They possess original jurisdiction and also can hear appeals against the Munsiffs Court.
Click Here
www.upscportal.com
2008
Q. How many High Courts in India have jurisdiction over more than one State (Union Territories not included)? (a) 2 (b) 3 (c) 4 (d) 5
Q. Consider the following statements: 1. Justice V R Krishna Iyer was the Chief Justice of India. 2. Justice V R Krishna Iyer is considered as one of the progenitors of public interest litigation (PIL) in the Indian judicial system Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
Click Here
2009
Q. Consider the following statements: 1. The AdvocateGeneral of a State in India is appointed by the President of India upon the recommendation of the Governor of the concerned State. 2. As provided inCivil Procedure Code, High Courts have original, appellate and advisory jurisdiction at the State level. Which of the statements given above is/are correct?
(a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
www.upscportal.com
Q. With reference to LokAdalats, consider the following statements:

1. An award made by a Lok Adalat is deemed to be a decree of a civil court and no appeal lies against thereto before any court. 2. Matrimonial/Family disputes are not covered under Lok Adalat. Which of the statements given above is/are correct?
(a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
Click Here
Q. Consider the following statements:
www.upscportal.com
1. Central Administrative Tribunal (CAT) was set up during the Prime Ministership of Lai Bahadur Shastri. 2. The Members of CAT are drawn from both judicial and administrative streams.
Which of the statements given above is/are correct?

(a) 1 only
2010
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Q. With reference to Lok Adalats, which of the following statements is correct?

(a) Lok Adalats have the jurisdiction to settle the matters at pre-litigative stage and not those matters pending before any court. (b) Lok Adalats can deal with matters whichare civil and not criminal in nature. (c) Every Lok Adalat consists of either servingor retired judicial officers only and notany other person. (d) None of the statements given above is correct.
Click Here
2012
www.upscportal.com
Q. What is the provision to safeguard the autonomy of the Supreme Court of India ? 1. While appointing the supreme Court Judges, the President of India has to Consult the Chief Justice of India. 2. The Supreme Court Judges can be removed by the Chief Justice of India only. 3. The Salaries of the Judges are charged are charged on the Consolidated Fund of India to which the legislature does not have to vote. 4. All appointments of officers and staffs of Supreme Court of India are made by the Government only after consulting the Chief Justice of India. Which of the statements given above is/are correct?
(a) 1 and 3 only (b) 3 and 4 only (c) 4 only (d) 1,2,3 and 4
Click Here
www.upscportal.com
Q. Which of the following are included in the original jurisdiction of the Supreme Court? 1. A dispute between the Government of India and one or more States. 2. A dispute regarding elections to either House of the Parliament or that of Legislature of a State 3. A dispute between the Government of India and a Union Territory 4. A dispute between two or more States. Select the correct answer using the codes given below:
(a) 1 and 2 (b) 2 and 3 (c) 1 and 4 (d) 3 and 4
Click Here
www.upscportal.com
Dear Participants,
This whole free Online Coaching Material is available in printed copyStudy Notes of G.S. Paper 1 for Civil Services Preliminary Examination 2013 will cover :-
100% G.S. Syllabus In 13 Booklets More Than 3500+ Pages Price Only Rs. 4000 Online Access to Get Special Materials Guidance & Support from Our Expert
Click Here to Get More Details
To See Content of the Study Material Please Click Here To See How To Purchase Please Click Here To See Comparison List Between Online Coaching Materials along with Premium Study Materials Click Here
Click Here

To Join Free Coaching For Our Next Batch: Click Here

Hochgeladen von

Dokumentinformationen

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

To Join Free Coaching For Our Next Batch: Click Here

Hochgeladen von

Copyright:

Verfügbare Formate

www.upscportal.

2013 UPSCPORTAL .COM