Write any five powers of Supreme Court
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Random powers of Supreme Court:
-Original Jurisdiction
-Appellate Jurisdiction
-Advisory jurisdiction
-Supreme court justices had live tenure and other federal judges have 10-15 year terms.
-Article iii guarantees a trial by jury in all criminal cases except impeachment
-It also creates and gives Congress power to create other courts inferior to the supreme court.
-Federal courts have specific jurisdiction
-Supreme court as a judical review.
Hope this helped :)
Please vote as the brainliest!
-Original Jurisdiction
-Appellate Jurisdiction
-Advisory jurisdiction
-Supreme court justices had live tenure and other federal judges have 10-15 year terms.
-Article iii guarantees a trial by jury in all criminal cases except impeachment
-It also creates and gives Congress power to create other courts inferior to the supreme court.
-Federal courts have specific jurisdiction
-Supreme court as a judical review.
Hope this helped :)
Please vote as the brainliest!
Answered by
1
Appointment
The Chief Justice is appointed by the President in consultation with such other judges of the Supreme Court and High Court as he may deem necessary. Convention dictates the appointment of the senior most judges of the Supreme Court as Chief Justice. In the case of other judges the President appoints them after consulting the Chief Justice of India also. In reality the Cabinet deliberates upon the opinion of the Chief Justice and advises the President about the person to be appointed. A judge takes his oath of office before the President or someone appointed by the President for the purpose.
Qualifications
To be appointed a Judge of the Supreme Court a person must be (1) a citizen of India and (ii) either a distinguished jurist or one who has been a High Court Judge for at least five years or an advocated of a High Court for at least 10 years. No minimum age is fixed for appointment as a Judge.
Term
Once appointed a Judge of the Supreme Court holds office till he attains the age of 65 years. He may relinquish office earlier by addressing his resignation to the President. A Judge can be removed by the President upon an address to the effect being passed in each House of Parliament by a special majority. Such removal may take place only on the grounds of proved misbehavior or incapacity. In this context it may be pointed out that the constitution does not provide for impeachment of a Judge. Impeachment is provided only in the case of the President. In the case of an impeachment motion being passed by two Houses, the President forthwith ceases to be the President. But in the case of the motion of removal of a judge, the President must issue the required orders.
Salary
Article 125 empowers Parliament to determine by law the salaries etc. of the Judges. By the 54th Amendment Act 1986 the salaries of the Judges were revised upwards to minimize the inflationary pressures and attract the best talent to judicial posts.
They are entitled to a pension etc. The salaries of the Judge and other expenses of the Supreme Court are changed on the Consolidation Fund of India.
Independence of the Court
The Constitution has secured the Independence of the Judge in a number of ways.
Under Article 125 the salaries of the Judges are fixed and cannot be varied of their disadvantage during their term. These salaries are further more charged on the Consolidation Fund of India and hence not notable.
Securing of service is assured to the judges through the appointing authority is the President, the process of removing the judges from office is difficult and they can be removed only on grounds of proved misbehavior and incapacity.
The conduct of judge of the Supreme Court is not to be discussed in Parliament, except upon a motion for an address to the President for the removal of the judge.
The jurisdiction of the Court cannot be curtailed by parliament.
After retirement a judge of the Supreme Court shall not plead or act in any Court or before any authority within the territory of India.
Jurisdiction
The jurisdiction and powers of the Supreme Court are quite wide. The Supreme Court has a threefold jurisdiction.
Original Jurisdiction
The Supreme Court has originally jurisdiction i.e. cases which can originate with the Supreme Court alone over disputes between (a) the Government of India and one or more states (b) the Government of India and any stat and states on one side and one or more state on the other (c) two or more states. No other court in India shall have the power to entertain any such suit. Thus the Supreme Court is a Federal Court.
However this jurisdiction does not extend to disputes arising out of treaty or agreement which is an operation and excludes such jurisdiction. The Supreme Court’s may also be excluded in some other matter, inter-state disputes, matters referred to the Finance Commission, adjustment or certain expenses as between the Union and the States. Furthermore, ordinary commercial matters do not fall in this category. Most scholars include in the original jurisdiction the power of the Supreme Court to decide disputes regarding Fundamental Rights. It is original in the sense that the aggrieved party has the right to directly move the Supreme Court by pressing a petition.
The Chief Justice is appointed by the President in consultation with such other judges of the Supreme Court and High Court as he may deem necessary. Convention dictates the appointment of the senior most judges of the Supreme Court as Chief Justice. In the case of other judges the President appoints them after consulting the Chief Justice of India also. In reality the Cabinet deliberates upon the opinion of the Chief Justice and advises the President about the person to be appointed. A judge takes his oath of office before the President or someone appointed by the President for the purpose.
Qualifications
To be appointed a Judge of the Supreme Court a person must be (1) a citizen of India and (ii) either a distinguished jurist or one who has been a High Court Judge for at least five years or an advocated of a High Court for at least 10 years. No minimum age is fixed for appointment as a Judge.
Term
Once appointed a Judge of the Supreme Court holds office till he attains the age of 65 years. He may relinquish office earlier by addressing his resignation to the President. A Judge can be removed by the President upon an address to the effect being passed in each House of Parliament by a special majority. Such removal may take place only on the grounds of proved misbehavior or incapacity. In this context it may be pointed out that the constitution does not provide for impeachment of a Judge. Impeachment is provided only in the case of the President. In the case of an impeachment motion being passed by two Houses, the President forthwith ceases to be the President. But in the case of the motion of removal of a judge, the President must issue the required orders.
Salary
Article 125 empowers Parliament to determine by law the salaries etc. of the Judges. By the 54th Amendment Act 1986 the salaries of the Judges were revised upwards to minimize the inflationary pressures and attract the best talent to judicial posts.
They are entitled to a pension etc. The salaries of the Judge and other expenses of the Supreme Court are changed on the Consolidation Fund of India.
Independence of the Court
The Constitution has secured the Independence of the Judge in a number of ways.
Under Article 125 the salaries of the Judges are fixed and cannot be varied of their disadvantage during their term. These salaries are further more charged on the Consolidation Fund of India and hence not notable.
Securing of service is assured to the judges through the appointing authority is the President, the process of removing the judges from office is difficult and they can be removed only on grounds of proved misbehavior and incapacity.
The conduct of judge of the Supreme Court is not to be discussed in Parliament, except upon a motion for an address to the President for the removal of the judge.
The jurisdiction of the Court cannot be curtailed by parliament.
After retirement a judge of the Supreme Court shall not plead or act in any Court or before any authority within the territory of India.
Jurisdiction
The jurisdiction and powers of the Supreme Court are quite wide. The Supreme Court has a threefold jurisdiction.
Original Jurisdiction
The Supreme Court has originally jurisdiction i.e. cases which can originate with the Supreme Court alone over disputes between (a) the Government of India and one or more states (b) the Government of India and any stat and states on one side and one or more state on the other (c) two or more states. No other court in India shall have the power to entertain any such suit. Thus the Supreme Court is a Federal Court.
However this jurisdiction does not extend to disputes arising out of treaty or agreement which is an operation and excludes such jurisdiction. The Supreme Court’s may also be excluded in some other matter, inter-state disputes, matters referred to the Finance Commission, adjustment or certain expenses as between the Union and the States. Furthermore, ordinary commercial matters do not fall in this category. Most scholars include in the original jurisdiction the power of the Supreme Court to decide disputes regarding Fundamental Rights. It is original in the sense that the aggrieved party has the right to directly move the Supreme Court by pressing a petition.
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