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JUDICIARY (SUPREME COURT (procedure of court (Supreme Court with approval…
JUDICIARY
SUPREME COURT
PART 5-124 TO 147-SC INAUGURATED 28 JAN 1950-Parliament authorised to regulate them-2009 to present 31 SC juDGES
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appointment
by president
CJI-consultation of Judges of SC and HC
other judges-after consultation with CJI, SC judges and HC judeges
Consultation with CJI necessary for othe judge appointment
1998-judgement-collegium system CJI consult with four seniormost judges-even if two adverse opinion-then CJI not sent recommendation
recommendation binding on president
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Oath
1- to bear true faith and allegiance to constitution
2-to uphold sovereignty and integrity of India
3-to duly and faithfully and to the best of his ability, knowledge and judgement perform duties of the office without fear or favour, affection or ill-will
4-to uphold constitution and laws
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Removal
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Procedure
Lok sabha - 100 or RS - 50 needed for resolution-speaker/chairman may accept or reject the motion-if accepted -then 3 member committee- CJI or Judge of SC +CJ of HC +Distinguished Jurist
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Adhoc Judge
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appointed by CJI - only HC judge and should be qualified for judge of SC
Consult HC CJ and previous consent of President
Retired Judges
CJI can request retired judge of SC or retired judge of HC(qualified for appointment as judge) for position of SC judge
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enjoy jurisdiction, power, privileges of SC judges-but not deemed to be judge of of SC
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Seat
COnstitution-delhi as seat but also authorise CJI to chose place/places-no decision without president approval
procedure of court
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Constitutional cases or references made by president under art 143 are decided by bench consisting of at least 5 judges
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disputes regarding election of VP or President - original , exclusive and final authoriy SC
Jurisdiction
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writ jurisdiction
original but not exclusive
HC -wider jurisdiction for writs than SC (only FR)-parliament power to SC for writs for other purposes
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High Court
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Appointment by President
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Acting CJI among HC judges
Additional Judges not exceeding two years - 62 age limit- retired judge can also be appointed - allowance by president
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Retirement - 62 years-any issue president consult CJI -president decision final-resignation to president
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Jurisdiction
Original Jurisdiction-
Marriage,divorce, contempt of court
disputes election to MP or MLA
FR
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