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Supreme court detailed notes for preparation of exams

Institution
Course

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The Supreme Court
The Judiciary-It is one of the 3
main the organ of government.
The principal role of the judiciary is
to protect rule of law and ensure
supremacy of law. It safeguards
rights of the individual, settles
disputes in accordance with the law
and ensures that democracy does not give way to individual or
group dictatorship.
A single integrated system - means the Supreme court is the
head of the entire system, it supervised and control
functioning of other courts. A single civil and criminal
system operates throughout the country.


Need for a Single Integrated Judiciary:
1. Protection of rights of individual from Legislative &
executive
2. It is essential for federal set up where power is
decentralized
3. It is essential requirement for protection of human right &
democracy.


The Supreme Court- It consist of Chief Justice & not more
than 33 other Judges until Parliament amends.


Qualification & Appointment as Judge of Supreme Court:
1. He should be citizen of India
2. has been for at least 5 years as Judge of High Court, OR

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, 3. has been for at least 10 years an Advocate of HIGH
COURT, OR
4. is in the opinion of the president a distinguished JURIST.


Appointment: Every Judge is appointed President of India in
consultation with Judge of SC & HC besides the Council of
Minister.
The Senior most Judge is appointed as the Chief Justice of
S.C.
Term - 65 years or he may resign by the resignation letter to
President.
Appointment of Ad-Hoc Judges- The CJ of India may appoint
is necessary.


Impeachment - A judge of S.C. may be removed by an order
of President on the ground of proved misbehaviour or
incapacity. Such an order is passed after an address by each
House of Parliament supported by 2/3 rd of members
present and voting called Impeachment. Ex Judge - V. Rama
swami (1993).
Seat of Supreme Court- New Delhi


Independence of Judiciary from control of Executive &
Legislative
Independence of the Judiciary is ensured by the following
devices:
1. Appointment of Judges: Every Judge of the Supreme Court
is appointed by the President after consultation with the
Cabinet as well as the Judges of Supreme Court and High
Court. Thus, the judiciary and the executive are involved in
the appointment of Judges.
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