Supreme Court

 Ans: Section 16 of Cr.P.C deals with Courts of Metropolitan Magistrates. (1) In every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify. (2) The presiding officers of such Courts shall be appointed by the High Court. (3) The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area.

Ans: Section 13 of Cr.P.C deals with Special Judicial Magistrates. (1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area, not being a metropolitan area. Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify. (2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.

Ans:  Section 29 of Cr.P.C mentions about sentences which Magistrate may pass . 1. The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years. 2. The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees, or both. 3. The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding five thousand rupees, or of both. 4. The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class.

A ns: Section 28 of Cr.P.C mentions about the sentences which High Court and Session Judges may pass.  A High Court may pass any sentence authorised by law. A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court. An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.

Ans: Section 10 of Cr.P.C mentions about Subordination of Assistant Sessions Judges. (1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction. (2) The Sessions Judge may, from time to time, make rules consistent with this Code, as to the distribution of business among such Assistant Sessions Judges. (3) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.

Ans: Article 215 of Indian Constitution mentions t he h igh Courts to be courts of record. Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. The same power is given to Supreme Court in Article 129 of Indian Constitution .

Ans: Under the Constitutional of India there are three branches of government viz, Legislative,  Executive and Judiciary.  As regards to Judiciary System of India , the Supreme Court is the apex court of India. Supreme Court is explained from Article 124 to Article 147 of chapter 4 of part 5 of Indian Constitution.   In the structure of Judiciary System of India, Supreme Court is in the top hierarchy. 

Ans: ALLOCATION OF APPEAL/SLP / PETITION NO/ SCRUTINY:   Filing counter carries out a detailed scrutiny of the matter to identify the defects, if any. In absence of any material defect, the matter is registered and is accordingly given appeal / SLP / Petition no. The identified defects are communicated to the Advocate-on -Record / Petitioner-in-person concerned and are also uploaded on the internet.

 Ans: ALLOCATION OF DIARY NO/RECEIPT :  Once the petitions / appeals are received, the filing counter officially endorses the date of receipt for the matter.After verifying that the petition / appeal meets the mandatory requirement, a computer generated diary no.is given to the Petitioner / Appellant.The diary no. .therefore enables the tracking down of any matter.

Ans: PROCEDURE OF FILING AT COUNTER:   The Supreme Court Rules provide that all applications, petitions, plaints and other documents required to be filed by the party concerned, by the party's duly authorized agent or an Advocate-on-Record duly appointed for the purpose, at the Filing Counter of theCourt between 10.15 a.m. to 1 p.m.and 1.30 p.m.to 4.30 p.m.on weekdays (working) and from 10.30 a.m. to 4:30 p.m. to 12.30 p.m.on working Saturdays.Further, the documents prescribed by the Rules of Court to accompany any such filing should also be made.A counter for fresh matter is also kept open for receiving fresh matters between 5.00 p.m on working days.

Ans: The Supreme Court provides for the procedure for filing of cases through e-filing and filing at the counter.The case can be filed at either of the forum, as it deems fit to the Petitioner. E-filing of cases by any Advocate-on-Record or Petitioner-in-person has now been made possible.The program developed by National Informatics Center is user friendly.Official website of the Supreme Court provides detailed step by step Guidelines, frequently asked questions and e-manual for e-filing.Further, the payment of prescribed court fees and printing charges at Rs.1.50 per page can be paid through any Visa / Master card issued by certain specified banks. For the purpose of e-filing, every Advocate-on-Record has been given a password by the Registry of the Supreme Court to submit proof of his identity such as ration card / PAN card / identity card / driving license / voter ID card by scanning the document / counter / rejoinder / fresh applications / caveat / additional documents can also...

Ans:  Ans: Article 145 of the Indian Constitution enables the Supreme Court to frame Rules regulating the practice and procedure of the Court, with the approval of the President. Therefore, Supreme Court Rules were framed in 1950, which were replaced by Supreme Court Rules, 1966. In 2014, Supreme Court notified that the Supreme Court Rules, 2013 would be replacing the 1996 Rules. Article 145 provides Rules as to persons practicing before the Court, rules as to the procedure pertaining to hearing of appeals, rules as to the granting of bail, rules as to the procedure pertaining to enforcement of any of the rights conferred in Part III, etc. The Rules may also provide the minimum number of judges to sit for any purpose and also the powers of Single Judges and Division Courts. The Supreme Court has the power to lay down the Rules about the entitlement of person not only to act but also plead before it.  The Supreme Court Rules, 2013 have introduced certain changes into the Rules ...

Ans: Article 145 of the Indian Constitution enables the Supreme Court to frame Rules regulating the practice and procedure of the Court, with the approval of the President. Therefore, Supreme Court Rules were framed in 1950, which were replaced by Supreme Court Rules, 1966. In 2014, Supreme Court notified that the Supreme Court Rules, 2013 would be replacing the 1996 Rules. Article 145 provides Rules as to persons practicing before the Court, rules as to the procedure pertaining to hearing of appeals, rules as to the granting of bail, rules as to the procedure pertaining to enforcement of any of the rights conferred in Part III, etc. The Rules may also provide the minimum number of judges to sit for any purpose and also the powers of Single Judges and Division Courts. The Supreme Court has the power to lay down the Rules about the entitlement of person not only to act but also plead before it.  The Supreme Court Rules, 2013 have introduced certain changes into the Rules according t...

Ans: Article 144 of the Indian Constitution is part of Chapter IV of the Union Judiciary. Article 144 of the  Indian Constitution discusses the civil and judicial authorities’ obligations to assist the Supreme Court. In Indian territory, all authorities, civil and judicial, have been directed to act in support of the Supreme Court.

Ans: According to Article 139 of Indian Constitution,  the Parliament may by law confer on the Supreme Court power to issue directions, orders or writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of Article 32.  Currently,  these powers are contained by High Court. 

Ans: The doctrine of incidental or ancillary powers indicates that if a legislative body has the power to legislate on a particular matter, then they have the power to legislate on ancillary topics related to that matter. Unless that ancillary topic is mentioned explicitly under the jurisdiction of another legislative body.

Ans: According to Article 129 of Indian Constitution,  the Supreme Court to be a court of record. The Supreme Court shall be a court of record and shall have all the powers of such a court  including the power to punish for contempt of itself. There are two parts in Article 129 of Indian Constitution i.e., court of record and contempt of court. The first part mentions that the judgements, proceedings and acts of Supreme Court are recorded for perpetual memory and testimony. These records are admitted to be of evidentiary value and can not be questioned when produced before any court. They are recognised as legal precedents and legal references. The Supreme Court has the Second Power of contempt of court. It has the power to punish for contempt of court , either with simple imprisonment for a term upto six months or with fine upto Rs 2000 or with both. In 1991, the Supreme Court has ruled that it has the power to punish for contempt not only of itself but also of high courts...

Ans: The saying of the Indian National Emblem is 'Satyamev Jayate' or 'Truth Alone Triumphs. ' it additionally makes one of the National Symbols of India. Political dissident and social reformer Pandit Madan Mohan Malaviya is credited with giving the country this motto from the Mundakopanishad, 'Satyameva Jayate'. 

Ans: Under Article 128 of Indian Constitution notwithstanding anything in this chapter, the Chief Justice of India may at any time, with the previous consent of the president, request any person who has held the office of a Judge of the Supreme Court or of the Federal Court or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that Court and will be considered as interim judge of Supreme Court. 

Ans: According to Article 125 of Indian Constitution:  (1) There shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule. (2) Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such privileges, allowances and rights as are specified in the Second Schedule: Provided that neither the privileges nor the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment. Provided that neither the privileges nor the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.

Ans: Power of Parliament to make law on procedures: A new Article i.e.,  Article 124C, enables Parliament to pass a law to: (i) regulate the procedure of appointments, and (ii) empower the NJAC to lay down the procedure for its functioning, and manner of selection of persons for appointment, through regulations.  Parliament may, by law, regulate the procedure for the appointment of Chief Justice of India and other Judges of the Supreme Court and Chief Justices and other Judges of High Courts and empower the Commission to lay down by regulations the procedure for the discharge of its functions, the manner of selection of persons for appointment and such other matters as may be considered necessary by it.

Ans: The union judiciary in brief is as follows: 124 Establishment and constitution of Supreme Court. 124A National Judicial Appointments Commission. (Declared unconstitutional by the Supreme Court, however not repealed by the Parliament) 124B Functions of Commission. 124C Power of Parliament to make law. 125 Salaries, etc., of Judges. 126 Appointment of acting Chief Justice. 127 Appointment of ad hoc judges. 128 Attendance of retired Judges at sittings of the Supreme Court. 129 Supreme Court to be a court of record. 130 Seat of Supreme Court. 131 Original jurisdiction of the Supreme Court. 131A [Repealed.] 132 Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases. 133 Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to Civil matters. 134 Appellate jurisdiction of Supreme Court in regard to criminal matters. 134A Certificate for appeal to the Supreme Court. 135 Jurisdiction and powers of the Federal Court under existing law to...

Ans: India has a federal government. Both State and Central Government has the powers in Federal Government. In seventh schedule, there are three lists i.e., Union list , State list and Concurrent list. Supreme Court is the guardian of Indian Constitution and protection of fundamental rights. The disputes of federal government are settled in Supreme Court.

Ans: According to Article 130 of Indian Constitution,  the Chief Justice of India can open the branches of Supreme Court in other cities of India with prior approval of President of India.

Ans: Ad- hoc Judge: According to Article 127 and Article 128 of Indian Constitution,  the High Court Judge or any retired Judge of Supreme Court can be appointed as Ad- hoc judge of Supreme Court for a temporary period of time if there is lack of Quorum of Permanent Judges.

Ans: According to Article 126 of Indian Constitution,  the president of India can appoint the acting Chief Justice, if  The office of chief Justice is vacant.   The CJI is temporarily absent.  The CJI is unable to perform the duties.  If any of the conditions is not fulfilled, the president can appoint any judge of Supreme Court as acting Chief Justice of India.

Ans: According to Article 143 of Indian Constitution,  the president can take opinion on any public matter from the Supreme Court.  It is not binding on Supreme Court to give opinion to President of India. If the matter is related to international treaty, it is binding on Supreme Court to give opinion. The President of India is also not binding to  consider the opinion of Supreme Court.

Ans: The concept of complete Justice of Supreme Court is mentioned under Article 142 of Indian Constitution. The Supreme Court takes the jurisdiction of those cases on which complete Justice is required.  For instance: The Supreme Court verdict on Ayodhya dispute is made under Article 142 of Indian Constitution. 

Ans: Article 136 of Indian Constitution mentions about Special Leave Petition.  According to this article, the Supreme Court can make accept petition on any case whether pending or completed except the cases of military court. 

Ans: Appellate Jurisdiction is mentioned under Article 132 of Indian Constitution.  If the high court certifies that if there is an interpretation of law and substantive question of law , the appeal of such case lies directly on Supreme Court. If it is constitutional case, the appeal is under Article 132 of Indian Constitution. If it is civil case, the appeal is under Article 133 of Indian Constitution . If it is criminal case, it is under Article 134 of Indian Constitution.

  Ans: Article 32 of Indian Constitution mentions about the writ jurisdiction  of Supreme Court.   If any fundamental right is violated, the Writ Petition can be filed under Article 32 of Indian Constitution.  Both Supreme Court and High Court are the protector of Fundamental Rights.

Ans: Article 131 of Indian Constitution mentions about the original jurisdiction.  Only Supreme Court comprises of the Original Jurisdiction. It is mentioned under Article 131 of Indian Constitution. The disputes between state and centre as well as the disputes between two or more states can be resolved in Supreme Court only.

Ans: The impeachment process of Judges of Supreme Court is mentioned in article 124(4) of Indian Constitution.  1. A Judge can be removed by the order of President only. 2. On the grounds of proved misbehaviour or incapacity. 3. It is will addressed to both the houses of parliament. 4. The complete process of removal of Supreme Court Judge is given in Judges inquiry act, 1968. 5. The motion of impeaching Supreme Court Judge can be originated in any house i.e., either Rajya Sabha or Lok Sabha. 6. If the motion is raised in Loksabha , atleast 100 members will have to furnish the signed notice to the speaker whereas if it is raised in Rajyasabha, atleast 50 members will have to give the signed notice to speaker. 7. If this motion is admitted,  the speaker or chairman will constitute three members committee for investigation. The three members committee would comprise of a Supreme Court Judge , Chief Justice of High Court and a distinguished Jurist. 8. The charges will b...

Ans: Following is the appointment procedure of judges of Supreme Court  according to Article 124(2) of Indian Constitution:   1. While appointing judges of Supreme Court and High Court,  the president shall consult with Chief Justice of India. 2. Chief Justice of India shall consult with 4 senior most judges of Supreme Court for the appointment of other judges of Supreme Court.  3  No opinion contrary to that of CJI shall be communicated to the president. 4. The whole process of consultation shall be in writing.   5. While appointing judges, the seniority principle should be followed. 

Ans: According to Article 124(1) of Indian constitution, there shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges. Currently, the Supreme Court has one chief Justice and 33 other judges. 

Ans: Article 124(3) of Indian Constitution mentions about the eligibility criteria of Supreme Court Judge.   The eligibility criteria of Supreme Court Judge is as follows:  1. A citizen of India and below 65 years of age.  2. Has been for atleast 5 years a Judge of High Court or of two or more such courts.   Or  3.Has been for atleast 10 years as an advocate of High Court or of two or more such courts in succession.  Or  4. Is in the president of India a distinguished Jurist.  

Ans : Following are the functions of Supreme Court:  1. Guardian of the constitution: Protects Constitution from any undesirable change.  2. Guarantor of the fundamental rights: Protector of fundamental rights. 3. Sole Authority of resolving disputes: Dispute relating to elections of President or Vice President. 4.Center- State Disputes 5. Highest court of Appeal

Ans: After the victory of battle of plassey,  the East India Company got diwani rights. Diwani Rights means that the East India Company can collect the revenue and can decide the civil cases. East India company felt the need of establishing a uniform and efficient system.  Warren hastings became the Governor in 1771 and brought the Judicial Plan of 1772 which is also called first legal reformation plan. Warren Hastings has a credit of creating uniform judicial system plan. Supreme Court of Judicature was established in calcutta under regulating act, 1773 in which there is one chief Justice and 3 other judges.   In 1937, the Federal Court was established in Delhi under Government of India Act, 1935 in which there is one chief Justice of India and there are two more judges. It was so because the capital was changed from Calcutta to Delhi and the Supreme Court of Judicature is known as Federal Court of India.  Previously the federal court was in Calc...

Ans: The Constitution of India, adopted on 26 January 1950, establishes the law of the land. Article 124 of the Constitution of India provides for the establishment and constitution of the Supreme Court. The Supreme Court came into existence on 28 January 1950. Article 141 provides that the law declared by the Supreme Court is binding on all Courts. Further, the Supreme Court also has the power of judicial review to strike down the legislative and executive action contrary to the principles of Indian Constitution and separation of powers, the distribution of power between Union and States, or detrimental to fundamental rights enshrined under Part III of the Indian Constitution. Indian judiciary has a hierarchical structure. Supreme Court is ranked at top and heads Indian judiciary, followed by High Courts in each State. High Courts are followed by a system of subordinate courts, below which are Panchayat Courts. Every State in India has been compartmentalized into judicial districts th...