composition of supreme court long answer.
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The composition of supreme court.
India is a federal State having a single and unified judicial system with three-tier structure, i.e., Supreme Court, High Courts and Subordinate Courts.
The Indian Constitution under Article 124(1) states that there shall be a Supreme Court of India consisting of a Chief justice of India (CJI) and 34 judges, including the CJI. The Jurisdiction of the Supreme Court of India can broadly be categorised into original jurisdiction, appellate jurisdiction and advisory jurisdiction.
Supreme Court of India
Supreme Court at the apex of the Indian Judiciary is the highest authority to uphold the Constitution of India, to protect the rights and liberties of the citizens, and to uphold the values of rule of law. Hence, it is known as the Guardian of our Constitution.
Composition of the Supreme Court
Article 124(1) and Amendment act of 2008 states that there shall be a Supreme Court of India consisting of a Chief justice of India (CJI) and 34 judges including the CJI. Article 124(2) states that every judge of the Supreme Court shall be appointed by the President of India 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.
Here, the collegium system(appointment of judges to the courts) was followed which is also known as the three judges cases, which comprises of the Chief Justice of India (CJI) and four senior-most judges of the SC, one Chief Justice of the High Court and two of its senior-most judges. This system demanded a consensus decision of all the senior-most judges in conformity with the Chief Justice of India.
However, due to lack of transparency and delay in the appointment, a new article 124 A was incorporated in the constitution, under which the National Judiciary Appointments Commission (NJAC) replaced the collegium system for the appointment of judges as mandated in the existing pre-amended constitution by a new system...
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Answer:
The Supreme Court is composed of the Chief Justice of Ireland, who is President of the Court, and nine ordinary Judges. In addition the President of the Court of Appeal is ex officio a member of the Supreme Court. The President of the High Court is also an ex officio member of the Supreme Court.
The Court usually sits with a composition of three or five Judges and, exceptionally, seven Judges. When hearing cases concerning the constitutional validity of an Act of the Oireachtas (parliament) the Constitution requires that the Court consists of a minimum of five Judges. This requirement also applies when the Court is requested to give an opinion on the constitutional validity of a Bill adopted by the Oireachtas when referred to it by the President of Ireland under Article 26 of the Constitution. A minimum of five Judges is also required should the Court have to determine, pursuant to Article 12 of the Constitution, whether the President has become permanently incapacitated.
In addition to those cases in which it is required by the Constitution, a court composed of five Judges, or exceptionally seven Judges, will sit for appeals involving questions of law of particular importance or complexity. Where an insufficient number of Judges of the Supreme Court are available the Chief Justice may request any ordinary Judge of the High Court to sit as a member of the Supreme Court for the hearing of a particular appeal.
Interlocutory applications and procedural matters or issues may be determined by the Chief Justice sitting alone or another judge of the Supreme Court nominated by the Chief Justice.
Order of Precedence among the Judges
The Courts of Justice Act 1924, as amended, provides for the order of precedence between judges of the Supreme Court as follows:
(i) the Chief Justice;
(ii) the President of the Court of Appeal;
(iii) the President of the High Court;
(iv) the Judges of the Supreme Court who are former Chief Justice each according to priority of his or her appointment as Chief Justice;
(v) the other Judges of the Supreme Court each according to priority of appointment as an ordinary Judge of the Supreme Court;
(vi) the Judges of the Court of Appeal who are ex officio Judges of the Supreme Court (being former Presidents of the Court of Appeal or of the High Court) each according to priority of his or her appointment as President of the Court of Appeal or of the High Court respectively;
(vii) the Judges of the High Court who are ex officio Judges of the Supreme Court (being former Presidents of the High Court), each according to priority of his or her appointment as President of the High Court.