History & Civics
Study the figure and answer the following questions:
(a) Identify the building in the picture. Where is it located? What is the position of this court in the entire judicial set up in India?
(b) State three qualifications required to be the judge of this court.
(c) How does this court maintain the sanctity of the Constitution of India
Supreme Court
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Answer
(a) The figure shows the Supreme Court of India. It is located in New Delhi.
Under our Constitution the judiciary is a single integrated system of courts for the Union and the states with the Supreme Court at the apex. The Supreme Court is the head of the entire system and not only supervises but also exercises control over the functioning of other courts.
(b) A person is not qualified for appointment as a judge of the Supreme Court unless he is a citizen of India, and
- has been for at least five years a Judge of a High Court or of two or more such courts in succession; or
- has been for at least ten years an advocate of a High Court or of two or more such courts in succession; or
- is, in the opinion of the President, a distinguished jurist.
(c) All cases where interpretation of the Constitution is required can be directly filed in the Supreme Court.
- The Supreme Court has the power of exclusive jurisdiction in regard to questions as to Constitutional validity of central laws.
- The Supreme Court is the interpreter of the Constitution and its decision is final.
- It has the power to review laws passed by the Union or State legislatures.
- The Supreme Court can declare a law 'ultra vires' or null and void, if it is against the letter and spirit of the Constitution or contravenes any provision of the Constitution. This power is referred to as the power of judicial review.
- The minimum number of Judges to hear and decide a case involving interpretation of the Constitution shall be five.
- The Supreme Court has the power to review all National and State laws and executive orders and declare them null and void, if they go against the provisions of the Constitution.
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Related Questions
The independence of the judiciary is necessary in a federal democratic set-up. In this context, describe the part played by the following:
(a) Security of Tenure of Office.
(b) Security of Salary and Allowances of the Judges.
(c) Power to punish for Contempt of itself.
The Supreme Court has extensive jurisdiction. In this context answer the following:
(a) What is meant by 'Appellate Jurisdiction'? Name two types of cases in which an appeal shall lie to the Supreme Court.
(b) What do you understand by advisory functions of the Supreme Court? State the types of cases where the Supreme Court may be required to express its opinion.
(c) What is meant by Revisory Jurisdiction of the Supreme Court?
Discuss how the Constitution has ensured that the Supreme Court acts as:
(a) Custodian of the Constitution.
(b) Guardian of the Fundamental Rights.
(c) A Court of Records and its implication.
Supreme Court has many functions to protect the interests of all citizens. In this context, answer the following questions:
(a) What is meant by Judicial Review?
(b) What is the significance of the power of Judicial Review?
(c) Mention three ways in which the Constitution ensures the independence of the Judges of the Supreme Court.