Question

Which is the Apex court of India?​

Answer 1

Answer:

The Supreme Court of India

Answer 2

Answer:

Apex court is the other name of supreme court

The Supreme Court of India is the country’s highest judicial court. It is the final court of appeal in the country.

Explanation:

◉LET'S EXPLORE MORE

✯Supreme Court History

• The Federal Court of India was created as per the Government of India Act 1935.

• This court settled disputes between provinces and federal states and heard appeals against judgements of the high courts.

• After independence, the Federal Court and the Judicial Committee of the Privy Council were replaced by the Supreme Court of India, which came into being in January 1950.

• The Constitution of 1950 envisaged a Supreme Court with one Chief Justice and 7 puisne Judges.

• The number of SC judges was increased by the Parliament and currently, there are 34 judges including the Chief Justice of India (CJI).

✯Supreme Court of India – Functions

• It takes up appeals against the verdicts of the High Courts, other courts and tribunals.

• It settles disputes between various government authorities, between state governments, and between the centre and any state government.

• It also hears matters which the President refers to it, in its advisory role.

• The SC can also take up cases suo moto (on its own).

• The law that SC declares is binding on all the courts in India and on the Union as well as the state governments.

✯Supreme Court Jurisdiction

The jurisdiction of the SC is of three types:

• Original
• Appellate
• Advisory

☆Original Jurisdiction

• Any dispute between the Indian Government and one or more States.

• Any dispute between the Indian Government and one or more States on one side and one or more States on the other side.

• Any dispute between two or more States.

• Article 32 of the Constitution provides original jurisdiction to the SC for matters regarding the enforcement of Fundamental Rights.

☆Appellate Jurisdiction

• Under this, the Supreme Court can hear cases only when they are appealed against a High Court order.

☆Advisory Jurisdiction

• Under this, the President can request the Supreme Court to offer its opinion on any issue of law or fact.

✯SC Judge Eligibility

As per Article 124, an Indian citizen who is below 65 years of age is eligible to be recommended for appointment as a judge of the SC if:

• he/she has been a judge of one or more High Courts, for at least 5 years.

• he/she has been an advocate in one or more High Courts for at least 10 years.

• he/she is in the opinion of the President, a distinguished jurist.

✯Independence of Judiciary

The Constitution has many provisions to ensure the judiciary’s independence. They are discussed below:

• Security of tenure: The judges of the SC are given security of tenure. Once appointed, they will retain their office until the age of 65 years. They can be removed only by a presidential order on grounds of proven misbehaviour and/or incapacity. This requires a Special Majority according to Article 368.

• Salaries and allowances: The judges of the SC enjoy good salaries and allowances and these cannot be decreased except in the case of a financial emergency. The expenses of the High Court are charged on the Consolidated Fund of the State, which is not subject to vote in the state legislature.

• Powers and Jurisdiction: The SC’s powers and jurisdiction can only be added by the Parliament and not be curtailed.

• The conduct of any judge of the Supreme Court in the discharge of his/her duties cannot be discussed in the legislature.

• The SC has the power to punish any person for its contempt, as per Article 129.

• Separation of the Judiciary from the Executive: A Directive Principle of State Policy says that the state shall take steps to separate the judiciary from the executive in the public services of the state. According to Article 50, there shall be a separate judicial service free from executive control.