Study the figure and answer the following questions:
(a) Identify the building in the picture. Where is it located?
What is the position of this court in the entire judicial
set up in India?
(b) State three qualifications required to be the judge of
this court.
(c)How does this court maintain the sanctity of the Constitution of India?
Answers
Article 222 of the Constitution makes provision for the transfer of a Judge (including Chief Justice) from one High Court to any other High Court. The initiation of the proposal for the transfer of a Judge should be made by the Chief Justice of India whose opinion in this regard is determinative. All those judges, and the Justices of the Supreme Court, are appointed by the President and confirmed by the Senate. ... Other Framers, though, thought that the federal government could not be effective unless it had courts to help enforce its laws. Article 124 in The Constitution Of India 1949. 124. Establishment and constitution of Supreme Court. (1) There shall be a Supreme Court of India constituting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges. Appointment of the Judges: The Chief Justice of a High Court is appointed by the President with the consultation of the Chief Justice of the Supreme Court and the Governor of the State. The other judges are appointed by the will of President, Governor and the Chief Justice of High Court.
Answer:
(a) The figure shows the Supreme Court of India. It is located in New Delhi.
Under our Constitution the judiciary is a single integrated system of courts for the Union and the states with the Supreme Court at the apex. The Supreme Court is the head of the entire system and not only supervises but also exercises control over the functioning of other courts.
(b) A person is not qualified for appointment as a judge of the Supreme Court unless he is a citizen of India, and
has been for at least five years a Judge of a High Court or of two or more such courts in succession; orhas been for at least ten years an advocate of a High Court or of two or more such courts in succession; oris, in the opinion of the President, a distinguished jurist.
(c) All cases where interpretation of the Constitution is required can be directly filed in the Supreme Court.
The Supreme Court has the power of exclusive jurisdiction in regard to questions as to Constitutional validity of central laws.The Supreme Court is the interpreter of the Constitution and its decision is final.It has the power to review laws passed by the Union or State legislatures.The Supreme Court can declare a law 'ultra vires' or null and void, if it is against the letter and spirit of the Constitution or contravenes any provision of the Constitution. This power is referred to as the power of judicial review.The minimum number of Judges to hear and decide a case involving interpretation of the Constitution shall be five.The Supreme Court has the power to review all National and State laws and executive orders and declare them null and void, if they go against the provisions of the Constitution.