⚖️ Judiciary of India MCQs for SSC & State PSC
At what age do the judges of High Court retire?
- The 15th amendment of 1963 rose the retirement age of High court judges from 60 to 62 and other minor amendments for rationalizing interpretation of rules regarding judges etc.
- Article 217 deals with the appointment of HC Judges.
- Supreme Court Judges retire upon attaining an age of 65 years.
- Article 124 deals with the appointment of Judges of the Supreme court.
Who is empowered to transfer a judge from one High court to another High court?
- The President holds the authority of transferring judges from one High Court to another High Court.
- He carries this order after consultation with the Chief Justice of India.
- Article 222 of the Constitution makes provision for the transfer of a Judge (including Chief Justice) from one High Court to any other High Court.
- The initiation of the proposal for the transfer of a Judge should be made by the Chief Justice of India whose opinion in this regard is determinative.
- When a Judge has been or is so transferred.
- He shall, during the period he serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High Court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament by law and, until so determined, such compensatory allowance as the President may by order fix.
- The president of India is the ceremonial head of state of India.
- He is the Commander-in-chief of the Indian Armed Forces.
- He is a part of Union Executive, provisions of which are dealt with Article 52-78 including articles related to President (Article 52-62).
- The president is indirectly elected by an electoral college comprising the Parliament of India (both houses) and the legislative assemblies of each of India's states and territories, who themselves are all directly elected.
- Article 53 of the Constitution of India states that the president can exercise his powers directly or by the subordinate authority.
- All of the executive powers vested in the president are, in practice, exercised by the prime minister and his council of Ministers.
Decisions made by the _______ are binding on all other courts in India.
- Decisions made by the Supreme Court of India are binding on all other courts in India.
- The Supreme Court of India is the highest judicial forum under India’s constitution.
- It has the power of constitutional review.
- It consists of the Chief Justice of India and 30 other judges and the maximum possible strength is 34.
- It has extensive powers in the form of original, appellate, and advisory jurisdictions.
- It takes up appeals mainly against verdicts of the high courts of various states of the Union and other courts and tribunals.
- Justice Sharad Arvind Bobde is the 47th Chief Justice of India. He was sworn in on 18 November 2019.
Under whose jurisdiction the High Courts of the States directly fall in the judicial system of India?
- The High Courts of the States come under the jurisdiction of the Supreme Court under India's judicial system.
- The Supreme Court, under appellate jurisdiction, conducts hearings against the courts of the lower courts.
- Cases of High Courts are brought to the Supreme Court by constitutional, civil, criminal, and special permission.
- In India, there are 25 High Courts, six having control over more than one State/UT.
- Delhi the Capital of India, has a High Court of its own among the Union Territories.
- Every High Court of India shall consist of a Chief Justice and such other judges as appointed by the President of India.
- The Supreme Court of India is the highest judicial court under the Constitution of India.
- Article 124 provides for the establishment and constitution of the Supreme Court.
- It is Established as the Supreme court of India on 28th January 1950 and its Headquarters in New Delhi.
- Also known as the 'guardian of our Constitution"
- The chief justice of India is the head of the Supreme Court of India.
- Justice D.Y. Chandrachudis the current 50th chief justice of India.
- After the appointment of the new four justices on 18 September 2019, the strength of the Supreme court increases from 30 to 34.
- Newly appointed judges Krishna Murari, SR Bhat, V Ramasubramanian, and Hrishikesh Roy.
- The Parliament of India has the power to increase or decrease the number of judges in the Supreme court.
- In order to be named as a Judge of the Supreme Court,
- a person must be a citizen of India and must have been a Judge of the High Court or of two or more of those Courts in succession for at least five years, or an Advocate of the High Court or of two or more of those Courts in succession for at least 10 years, or must be a distinguished jurist in the view of the President.
- There are arrangements for the selection of a Justice of the High Court as an ad hoc Judge of the Supreme Court and for the sitting and acting of a Judge of that Court by retired Judges of the Supreme Court or High Courts.
What is the current strength of Judges in Supreme Court including the Chief Justice in India?
- With a huge backlog of cases in the top court, the government had recently increased the number of judges in the Supreme court from 31 to 34, including the Chief Justice of India.
- This includes 33 judges of the Supreme court and the Chief justice of India.
Which of the following articles declares that all laws that are inconsistent with the Fundamental Rights shall be null and void?
- Article 13 declares that all laws that are inconsistent with or in derogation of the Fundamental Rights shall be null and void.
- Article 3 authorises the Parliament to alter the name of a state, increase or diminish the area of a state, alter the boundaries of a state, or form a new state.
- Article 131 provides for the original jurisdiction of the Supreme Court in centre—state and inter-state disputes.
- Article 132 provides for the appellate jurisdiction of the Supreme Court in constitutional cases.
The Chief Justice of the Supreme Court is (as of Jan 2025)
- Sanjiv Khanna: 51st CJ (Nov, 2024)
- D.Y. Chandrachud: 50th CJ
The Judges of the Supreme Court are appointed by the President under Article ________ of the Constitution of India.
- The Judges of the Supreme Court are appointed by the President under Article 124(2) of the Constitution of India.
- The Article states 'Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years'.
- Additionally, it states that 'Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted'.
Article | Description |
224(1) | The increasing number of judges in the high court |
217 | Appointing High Court judges |
21 | Protection of life and personal liberty |
What are the necessary to become the Chief Justice of the High Court?
To be a High Court Judge, it is necessary that
- he is a citizen of India,
he has been working in a post of justice in India for at least 10 years
or has been an advocate in the High Court of the state for at least 10 years.
- The judges of the High Court retire at the age of 62.
- The High Court has been constituted to run the administration of justice in various states of the country.
- The High Court is the apex court of the state, which is the guardian of the fundamental rights of the state.
- According to Article 214 of the Indian Constitution, there will be a High Court for each state.
- The constitution of the High Court has been arranged in Article 216.
- Parliament can by law establish a single High Court for two or more states or for a Union Territory.
The Supreme Court of India enunciated the doctrine of "Basic Structure of the Constitution" in
- The landmark judgement was delivered on 24th April 1973 by a thin majority of 7 : 6 wherein the majority held that any provision of the Indian Constitution can be amended by the Parliament in order to fulfil its socio-economic obligations that were guaranteed to the citizens as given in the Preamble, provided that such amendment did not change the Constitution’s basic structure.
- In India, the basic structure doctrine has developed the bedrock of judicial review of all laws passed by Parliament.
- Parliamentary democracy, fundamental rights, judicial review, secularism- are all held by courts as basic structure, the list is not exhaustive.
- The court upheld that the 24th Constitutional Amendment was entirely valid. But it found the second part of the 25th Constitutional Amendment to be ultra vires.
- 24th Constitutional (Amendment) Act, 1971 - Parliament had also given itself the power to amend any part of the Constitution.
- 25th Constitutional (Amendment) Act, 1972 - The right to property had been removed as a fundamental right.
Who is the 47th Chief Justice of India?
- The Chief Justice of India is the highest-ranking officer of the Indian federal judiciary.
- Sharad Arvind Bobde is appointed as the 47th Chief Justice of India.
- Chief Justice of India is appointed by the President of India.
- Since 1950, it has been the practice to appoint the senior-most judge of the Supreme Court as the Chief Justice of India.
- However, this convention was broken twice.
- In 1973 A. N. Ray was appointed as CJI superseding three senior Judges.
- Justice M.H. Beg was appointed superseding Justice H.R. Khanna in 1975.
- However, this convention was broken twice.
- At present, the supreme court of India consists of 34 judges including the Chief Justice of India.
- A judge of the supreme court holds office till he attains the age of 65 years.
- Dipak Misra served as the 45th Chief Justice of India.
- Ranjan Gogoi served as the 46th Chief Justice of India.
Who appoints the Chief Justice of India?
- The Chief Justice of India (CJI) is appointed by the President of India under clause (2) of Article 124 of the Constitution.
- The chief justice is appointed by the president after consultation with such judges of the Supreme Court and high courts as he deems necessary.
- The other judges are appointed by the president after consultation with the chief justice and such other judges of the Supreme Court and the high courts as he deems necessary. The consultation with the chief justice is obligatory in the case of the appointment of a judge other than Chief justice.
- The basic procedure to be followed for the appointment of CJI is:
- Appointment to the office of the Chief Justice of India should be of the senior-most Judge of the Supreme Court considered fit to hold the office.
- The Union Minister of Law, Justice and Company Affairs would, at the appropriate time, seek the recommendation of the outgoing Chief Justice of India for the appointment of the next Chief Justice of India.
- Whenever there is any doubt about the fitness of the senior-most Judge to hold the office of the Chief Justice of India, consultation with other Judges as envisaged in Article 124 (2) of the Constitution would be made for the appointment of the next Chief Justice of India.
- After receipt of the recommendation of the Chief Justice of India, the Union Minister of Law, Justice and Company Affairs will put up the recommendation to the Prime Minister who will advise the President in the matter of appointment.
Ladakh is under the Jurisdiction of which High Court?
- Ladakh was declared as a union territory on 31st October 2019.
- The capital of Ladakh is Leh, Kargil.
- There are two districts in union territory namely Leh and Kargil.
- The Jammu and Kashmir High Court was established on 26th March 1928.
- The current chief justice of this high court isShri Justice N. Kotiswar Singh
- The seat of the High court shifts between its summer capital Srinagar and winter capital Jammu.
- The court has a strength of 13 permanent judges and 4 additional judges.
- The first chief justice of this High court was Bodh Raj Sawhney.
The Judicial system in India contains a hierarchy of courts where ________ is the highest.
- The Supreme Court of India is the highest judicial court under the Constitution of India.
- Article 124 deals with the establishment and constitution of the Supreme court.
- Established on 1st October 1937 as the Federal Court of India.
- Established on 28th January 1950 as the Supreme Court of India.
- Headquarters: New Delhi.
- Supreme Court of India has the power of judicial review.
- The power of increase or decrease in the number of Judges of the Supreme Court rests with the Parliament.
- Current Chief Justice of India:D Y Chandrachud
- The institution of the High Court originated in India in 1862 with the establishment of Calcutta, Bombay, and Madras High Courts.
- There shall be a High Court for each state according to Article 214.
- Village panchayat is the grassroots-level local self-governance system in India at the village level.
- The District Courts are the courts of the State governments in India for every district or for one or more districts.
Which among the following is NOT a required qualification to be appointed as a judge of the Supreme Court?
Option 1 is NOT correct.
- Judges of the Supreme Court are appointed by the President under Article 124(2) of the Constitution.
- A person to be appointed as a judge of the Supreme Court should have the following qualifications under Article 124 (3):
- Should be a citizen of India.
- Should have been a judge of a High Court (or High courts in succession) for at least five years.
- Should have been an advocate of a High Court (or High courts in succession) for at least ten years.
- Should be a distinguished jurist in the opinion of the President.
- The Constitution has not prescribed minimum age for appointment as a judge of the Supreme Court.
- For a person to be appointed as a Judge of a High Court. He,
- Must be a citizen of India.
- Must have held a judicial office for at least ten years, in the territory of India.
- Must have been an advocate of the High Court for at least ten years.
Justice Sharad Arvind Bobde was the ______ Chief Justice of India.
- Sharad Arvind Bobde is a judge from India who serves as India's 47th and acting Chief Justice. He is the former Chief Justice of the High Court of Madhya Pradesh.
- He is also the Chancellor of the National Law University of Maharashtra, Mumbai, and the National Law University of Maharashtra, Nagpur.
- He has been a member of the Supreme Court of India for eight years and is expected to retire on 23 April 2021.
- On 18 November 2019, he was nominated as the 47th Chief Justice of India, succeeding Ranjan Gogoi(46th CJI) after his retirement.
- Justice Bobde was part of the five-judge constitutional bench that heard and delivered the Ram Janmabhoomi-Babri Masjid land dispute case judgment dated November 9, 2019.
- The Head of the Judicial Branch of the Government of India and the Chief Judge of the Supreme Court of India shall be the Chief Justice of the Republic of India and the Highest-ranking Officer of the Federal Judiciary of India.
- In India, the first CJI was H. J. Kania. India's Supreme Court came into being on January 28, 1950.
The oldest High Court in India is the _________.
- The Calcutta High Court is the oldest in India.
- It has jurisdiction over the state of West Bengal and the Union Territory of the Andaman and Nicobar Islands.
- The High Court building's design is based on the Cloth Hall, Ypres, in Belgium.
- The court has a sanctioned judge strength of 72
Bombay High Court |
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Allahabad High Court |
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Madras High Court |
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- Calcutta High Court was established as the High Court of Judicature at Fort William on July 1, 1862, under the High Courts Act, 1861.
- Barnes Peacock was the first Chief Justice of the High Court.
- The current Chief justice of Calcutta high court is JJustice T. S. Sivagnanam
- Manjula Chellur is the first woman chief justice of the Kolkata High Court.
Who was the Chief Justice of India when Public Interest litigation was introduced in the Indian Judicial system?
- Public Interest litigation:
- It was introduced in the Indian Judicial system in 1986 by P. N. Bhagwati in the case of S.P. Gupta vs. Union of India.
- It has been borrowed from American jurisprudence.
- PIL is filed in the court of law for the protection of the Public Interest such as pollution, Terrorism, Road safety, construction hazards, etc.
- It is not defined in any statute or in any act.
- It has been interpreted by judges to consider the intent of the public at large.
Which Article of the Constitution mentions the establishment of a High Court in each State?
- According to Article 214 of the Indian Constitution, there will be a High Court for each state.
- According to Article 215, 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.
- According to Article 216, Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.
- According to Article 217, Appointment and conditions of the office of a Judge of a High Court.
- The Rajasthan High Court was established on 21 June 1949 under the Rajasthan High Court Ordinance, 1949.
- The first Chief Justice was Kamala Kant Verma.
- A bench was constituted in Jaipur on 31 January 1977 under sub-section (2) of section 51 of the States Reorganization Act, 1956, which was dissolved in 1958.
Which government body works on the Motto "Yato Dharmastato Jayah ?"
- The design of the Court's seal is reproduced from the wheel that appears on the Sarnath Lion Capital of Ashoka with 24 spokes.
- The inscription in Sanskrit, यतो धर्मस्ततो जयः (Yato Dharmastato Jayaḥ, means "whence justice (dharma), thence victory".
- It is also referred to as the wheel of righteousness, encompassing truth, goodness, and equity
- Another shloka of Supreme Dharmo Rakshati Rakshitaha, which has been adopted by the National Law School in Bengaluru as its motto.
- The Supreme Court of India is the supreme judicial body of the government of India and the highest court of India under the constitution.
- It is the most senior constitutional court and has the power of judicial review.
- The Chief Justice of India is the head and chief judge of the supreme court and the court consists of a maximum of 34 judges.
- Article 142 of the Constitution, it is the duty of the President of India to enforce the decrees of the supreme court and the court is conferred with the inherent jurisdiction to pass any order deemed necessary in the interest of justice.
- The Supreme Court of India came into being on 28 January 1950.
Who allocates the work to the Judges of the Supreme Court of India?
- The Supreme Court Rules of Procedure of 1966 and Article-145 of the Constitution of India provides for the power of Chief Justice of India to allocate all work to the other judges who are bound to refer the matter back to him.
Sl no. | Post | Incumbent | Description |
---|---|---|---|
1. | President of India | Droupadi Murmu | President of India is the ceremonial head of the country as well as the Commander-in-Chief of the Indian Armed Forces. |
2. | Chief Justice of India | Justice Dhananjaya Yeshwant Chandrachud | Chief Justice of India is the head of the Judiciary in India who is appointed by the President of India. (The First CJI was Shri. H J Kania.) |
3. | Prime Minister of India | Shri. Narendra Modi | Prime Minister of India is the leader of the executive of the Government of India and the senior-most member of cabinet in the executive of government in a parliamentary system. |
4. | Attorney General of India | Shri.R. Venkataramani | Attorney General of India is the post of the Indian government's chief legal advisor who has the right of audience in all Courts in India as well as the right to participate in the proceedings of the Parliament. |
Which Article of the Indian Constitution defines the Original Jurisdiction of the Supreme Court?
Article 131 of the Indian Constitution provides the original jurisdiction of the Supreme Court in centre-state and interstate disputes.
- The jurisdiction is exclusive, meaning no other court can decide such disputes, and the power to hear such disputes at first instance lies with the Supreme Court.
- The dispute must involve a question of the existence of legal rights.
- Political issues are excluded from it.
- Any issue brought by a private citizen against the centre and state cannot be entertained under this.
Article | Provision |
Article 129 | Supreme Court to be a court of record |
Article 130 | The seat of the Supreme Court |
Article 132 | Appellate Jurisdiction of the Supreme Court in appeals from the High Court in certain cases. |
Chief Justice of a high court is appointed by:
- Article 217 of the Indian Constitution states that the Judge of a High Court shall be appointed by the President after consultation with the Chief Justice of India, and the Governor of the State.
Article 217 in The Constitution
- Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the chief justice of the High court, and shall hold office, in the case of an additional or acting Judge, as provided in Article 224, and in any other case, until he attains the age of sixty-two years Provided that
- A Judge may, by writing under his hand addressed to the President, resign his office;
- A Judge may be removed from his office by the President in the manner provided in clause ( 4 ) of Article 124 for the removal of a Judge of the Supreme Court;
- The office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India.
Acting Judges are appointed in
- Additional and Acting Judges
- The President can appoint duly qualified persons as additional judges of a high court for a temporary period not exceeding two years when:
- There is a temporary increase in the business of the high court; or
- There are arrears of work in the high court.
- The President can also appoint a duly qualified person as an acting judge of a high court when a judge of that high court (other than the chief justice) is:
- unable to perform the duties of his office due to absence or any other reason; or
- appointed to act temporarily as chief justice of that high court.
- An acting judge holds office until the permanent judge resumes his office. However, both the additional or acting judge cannot hold office after attaining the age of 62 years.
- Article 126 of the Indian Constitution deals with the appointment of acting Chief Justice. When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason or absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.
________ are the guidelines laid down by the Supreme Court for specific requirements and procedures that police has to follow for arrest, detention and interrogation of any person.
D.K. Basu Guidelines are the guidelines laid down by the Supreme Court for specific requirements and procedures that police have to follow for arrest, detention, and interrogation of any person.
- The police officials who do interrogations or carry out arrest should wear visible, clear, and accurate identification and name tags with their designations.
- Vishaka Guidelines were used in India for cases related to sexual harassment.
In which country the concept of Public Interest Litigation was originated?
- The concept of Public Interest Litigation was originated from the United States of America.
- The term PIL originated in the United States in the mid-1980s.
- It had contributed to public interest law.
- It was part of the legal aid movement.
- The first legal aid office was established in New York in 1876.
- The concept of Public Interest Litigation in India
- Public interest litigation (PIL) refers to litigation undertaken to secure public interest.
- It was introduced by Justice P. N. Bhagwati.
- It is a relaxation on the traditional rule of locus standi.
- SC heard and decided cases only under its original and appellate jurisdictions.
- Later, the Supreme Court began permitting cases on the grounds of public interest litigation.
- Means it is not an Indian concept.
- Landmark PIL cases in India
- Vishaka v. State of Rajasthan
- M. C. Mehta v. Union of India
In India, Judicial Review implies
Judicial Review
- Judicial Review in its most widely accepted meaning is the power of the courts or Judiciary to consider the constitutionality of acts of the executive and legislature.
- It declares the acts of the executive and legislature unconstitutional if it violates or is inconsistent with the basic principles of the Constitution.
- Article 13(2) of the Constitution of India prescribes that the Union or States shall not make any law that takes away or abridges any of the fundamental rights, and any law made in contravention of the aforementioned mandate shall, to the extent of the contravention, be void.
- The scope of judicial review before Indian courts have evolved in three dimensions – firstly, to ensure fairness in administrative action, secondly, to protect the constitutionally guaranteed fundamental rights of citizens, and thirdly, to rule on questions of legislative competence between the centre and the states.
The dispute between two states can be resolved by the Supreme Court of India under its:
- The dispute between two states can be resolved by the Supreme Court of India under its Original Jurisdiction.
- A court's original jurisdiction applies to a matter on which it first concerns the specific court.
- In the case of the Supreme Court in India, Article 131 relates to its original jurisdiction.
- The following cases are involved:
- Any conflict between one or more states and the Indian government.
- Any conflict between, on one hand, the Indian Government and one or more States and on the other, one or more States.
- Any controversy between two or more states.
- The original authority of the SC in matters relating to the protection of fundamental rights is laid down in Article 32 of the Constitution.
- In the nature of mandamus, habeas corpus, quo warranto, prohibition and certiorari, the SC will issue writs, instructions, or orders including writs.
- The SC also has the power to direct, from the High Court in one State to the High Court in another State, the transfer of a criminal or civil case.
- Cases from one subordinate court to another State High Court can also be moved
- Appellate Jurisdiction: Under this only when they are appealed against a High Court order will the Supreme Court hear cases.
- Advisory Jurisdiction: Accordingly, the President can request the Supreme Court to give its opinion on any matter of law or of fact.
- The High Court's supervisory jurisdiction imposes a duty on the High Court to keep the lower courts and tribunals within the scope of their power and to ensure that they do what their duty demands and that they do so lawfully.
Identify the flawed combination of the suit and the subsequent Supreme Court system:
- The question of interpreting the compensation promised by the Constitution arose for the first time in the Bela Banerjee case of 1954 involving a West Bengal law that sought to pay off the owners on the basis of the market value of their land on some distant date in the past.
- Rejecting the socialistic arguments of the state, SC laid down that the compensation should be “a just equivalent of what the owner has been deprived of”.
- Indira Sawhney & Others v. Union of India
- The constitution recognized social and educational backwardness, but not economic backwardness.
- The court upheld separate reservation for OBC in central government jobs but excluded these to the creamy layer.
- Vishaka and others v State of Rajasthan
- Vishaka and others v State of Rajasthan was a 1997 Indian Supreme Court case where various women's groups led by Naina Kapur filed Public Interest Litigation (PIL) against the state of Rajasthan and the central government of India to enforce the fundamental rights of working women under Articles 14, 19 and 21 of the Constitution of India.
- The petition was filed after Bhanwari Devi, a social worker in Rajasthan was brutally gang-raped for stopping child marriage.
- It provided the basic definitions of sexual harassment at the workplace and provided guidelines to deal with it.
- It is seen as a significant legal victory for women's groups in India.
- Maneka Gandhi versus Union of India
- The landmark ruling in Maneka Gandhi versus Union of India, which stands as a bulwark of the Right of Personal Liberty granted by Article 21 of the Constitution, started when the passport of the petitioner, in this case, was impounded by the authorities under the provisions of the Passport Act.
- The provisions given in Articles 14, 19 & 21 should be read together and aren’t mutually exclusive.
- Only a cumulative reading and subsequent interpretation will lead to the observance of principles of natural justice and the true spirit of constitutionalism.
7th Constitutional Amendment is related to:
- 7th Constitutional Amendment:
- 7th Constitutional Amendment Act of 1956 promoted the appointment of the same person as a governor for two or more states.
- It is related to the reorganisation of states
- 7th Constitutional Amendment also provided for the appointment of additional and acting judges of the high court.
- It has provided for the establishment of a common high court for two or more states.
- 15th Constitutional Amendment:
- Raise the retirement age of High Court judges from 60 to 62.
- 26th Constitutional Amendment:
- Abolition of privy purse paid to former rulers of princely states.
- 38th Constitutional Amendment:
- Enhances the powers of President and Governors to pass ordinances.
The High Court of Uttarakhand is situated at________.
- Uttarakhand has its capital in Dehradun and its summer capital in Gairsain.
- In case of the initial appointment of a Chief Justice of a High Court, the provisions of Article 217 will have to be followed.
- Initiation of the proposal for the appointment of Chief Justice of a High Court would be by the Chief Justice of India. The process of appointment must be initiated well in time to ensure the completion at least one month prior to the date of anticipated vacancy for the Chief Justice of the High Court.
- Appointment of Acting Chief Justices is to be made by the President of India under Article 223 of the Constitution.
Who was the first Chief Justice of India?
- He was the Chief Justice of India from 14th August 1947 – 26th January 1950.
- He read the oath of chief justice of India to Dr Rajendra Prasad(India's first President).
- He served as acting editor of the Indian Law Reports.
- Mandakolathur Patanjali Sastri was the second Chief Justice of India.
- Justice Mehr Chand Mahajan was the third Chief Justice of the Supreme Court of India.
- Sudhi Ranjan Das (S.R. Das) was the 5th Chief Justice of India.
- N. V. Ramana is the 48th Chief Justice of India. (Aug 2021)
- Justice Chandrachud is the 50th CJI and has taken over the post from Justice U.U Lalit who served a brief term as India's 49th Chief Justice.
Which among the following is the newest high court in India?
- Andhra Pradesh High Court is the newest high court in India.
- Vikram Nath appointed as the first Chief Justice of new Andhra Pradesh High Court.
- Currently, there are 25 high Courts in India.
- At Present time Justice Dhiraj Singh Thakur is chief justice of Andhra Pradesh High Court.
High Court | Establish Date | Chief Justice |
Chhattisgarh High Court | 1 November 2000 | Justice R. S. Garg |
Andhra Pradesh High Court | 1 January 2019 | Justice Dhiraj Singh Thakur |
Jharkhand High Court | 15 November 2000 | Aniruddha Bose |
Manipur High Court | 25 March 2013 | Ramalingam Sudhakar |
Who appoints Judges of Supreme Court and High Court in India?
- President appoints Judges of Supreme Court and High Court in India.
- Article 124 gives the power to the President.
- Judges of the Supreme Court and the High Court can also be removed by the President.
- President comes under Articles 52 to 74.
- Currently, there are 33+1 judges in SC including CJI.
The P. I. L. petition related to Fundamental Rights can be filed in -
- The P. I. L. petition related to Fundamental Rights can be filed with both the Supreme Court and High Court.
- History of Public Interest Litigation (PIL) in India:
- In 1979, Kapila Hingorani filed a petition and secured the release of almost 40000 undertrials from Patna’s jails in the famous ‘Hussainara Khatoon’ case. Hingorani was a lawyer.
- This case was filed in the SC before a Bench led by Justice P N Bhagwati.
- Hingorani is called the ‘Mother of PILs’ as a result of this successful case.
- The court permitted Hingorani to pursue a case in which she had no personal locus standi making PILs a permanent fixture in Indian jurisprudence.
- The Supreme Court of India and the High Courts have the right to issue PILs.
- The concept of PILs stems from the power of judicial review.
- The concept of PILs has diluted the principle of locus standi, which implies that only the person/party whose rights have been infringed upon can file petitions.
- Procedure to File PIL in India:
- Any Indian citizen or organisation can move the court for a public interest/cause by filing a petition:
- In the SC under Article 32
- In the High Courts under Article 226
- The court can treat a letter as a writ petition and take action on it.
- The court has to be satisfied that the writ petition complies with the following: the letter is addressed by the aggrieved person or a public-spirited individual or a social action group for the enforcement of legal or constitutional rights to any person who, upon poverty or disability, are not able to approach the court for redress.
- The court can also take action on the basis of newspaper reports if it is satisfied with the case.
Who is the first Chief Justice of Madhya Pradesh high court?
- M. Hidayatullah is the First Chief Justice of Madhya Pradesh high court.
Person | Facts |
M. Hidayatullah |
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Ganesh Prasad Bhatt |
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P. V. Dixit |
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Ravi Malimath |
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- NOTE: At present, Shivraj Singh Chouhan and Mangubhai C. Patel are the Chief Minister and Governor of Madya Pradesh respectively.
Who appoints the Chief Justice of India?
- Chief Justice of the Supreme Court:
- Chief Justice of the Supreme Court has been appointed by the President of India.
- He holds office until he attains the age of 65 years.
- Uday Umesh Lalit (As of September 2022) is the current (49th) Chief Justice of the Supreme Court.
- Prime Minister of India:
- The Prime Minister is appointed by the President and other ministers shall be appointed by the President on the advice of the Prime Minister.
- The Prime Minister of India is the Head of the Government of India.
- He is also the head of the council of ministers.
- He is the chairman of the cabinet and presides over the meetings of the Cabinet.
- He acts as the chief advisor to the President of India.
- The Prime Minister submits his resignation to the president of India.
- Defence Minister:
- Rajnath Singh is the current defense minister of India.
- He is directly responsible to the Parliament for all matters concerning the Defence Services of India.
- President:
- He is also called as the first citizen of India.
- He is a part of Parliament.
- He holds office for a period of five years.
- He should have completed 35 years of age.
- He should be qualified to be elected as a member of Lok Sabha.
- The electoral college consists of elected members of Lok Sabha, Rajya Sabha, Legislative Assemblies of the states, and the Legislative Assemblies of the Union Territories of Delhi and Puducherry.
- Home Minister:
- Amit Shah is the current Home Minister of India.
- The home minister of the Central government is the common chairman of the five zonal councils.
On January 16, 2018, the Supreme Court ruled the attacks and interference on adults opting for inter-caste marriage as ‘absolutely illegal’ in the petition filed by which NGO in 2010?
- NGO named, Shakti Vahini, filed a petition in 2010 against the attacks and interference on adults opting for inter-caste marriage.
- They asked for a ban on such crimes and on khap panchayats or self-appointed village courts in parts of north India, especially Haryana.
- Supreme Court ruled the attacks and interference in such activities as absolutely illegal in the petition.
Which of the following is NOT in the jurisdiction of the Supreme Court of India?
- The Supreme Court of India has Original, Appellate, writ and Advisory jurisdiction.
- Original Jurisdiction: As per Article 32 Supreme Court is the guardian/protector of fundamental right and any person whose fundamental rights are violated can directly approach the Supreme Court for a remedy and any matter regarding the enforcement of fundamental rights comes under the original jurisdiction of the supreme court.
- The Supreme Court has original jurisdiction in a matter related between any dispute -
- Government of India vs and one or more states
- Government of India and states on one side and states on another side
- States vs states
- Appellate Jurisdiction -
- Supreme Court is the highest court of appeal from all courts in the territory of India.
- For example - Article 134: Provides the Supreme Court with appellate jurisdiction in the criminal matters from any judgment, final order, or sentence of the high court.
- Advisory Jurisdiction -
- Article 143 (Power of President to consult supreme court)
- If the President feels that a question of law or fact has arisen or is likely to arise and the question is of such a nature of such public importance that it is expedient to obtain the opinion of the Supreme Court.
- The Supreme Court is free to advise the President or not.
- Such an opinion is not binding on the President.
- Article 143 (Power of President to consult supreme court)
Who appoints the Judges of the Supreme Court?
Indian Constitution has an integrated judicial system with the Supreme Court at the top and the High courts below it.
TheJudges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution.
Following are the qualifications of the Judge:
- A person should be a citizen of India.
- He/She should have been a judge of a High Court for five years, or
- He/She should have been an advocate of a High Court for ten years, or
- He should be a distinguished jurist in the opinion of the President.
From the above, it is clear that President appoints the Judges of the Supreme Court.
Judges can hold office till ________.
Supreme Court Judge
- The Constitution has not fixed the tenure of the judges of the Supreme Court however it makes the following provisions in this regard:
- She/He holds the office until she attains the age of 65 years. Any question regarding her/his age is to be determined by an authority so provided by the Parliament.
- She/He can resign by writing to the President.
- She/He can be removed from her/his office by the President on the recommendation of the Parliament.
High Court Judge
- Retirement age of Judges- 62 years ( earlier 60 raised by the 15th amendment act, 1963).
- Like the Supreme court, the Constitution has not fixed the tenure of the judges of the High court however it makes the following provisions in this regard:
- She/He holds the office until she attains the age of 62 years. Any question regarding her/his age is to be determined by the President in consultation with the Chief justice of India. The decision of the President is Final.
- She/He can resign by writing to the President.
- She/He can be removed from her/his office by the President on the recommendation of the Parliament.
- She/He vacates her/his office when she/he is selected as a Judge of the Supreme court.
Who was the first High court Judge of Rajasthan?
- The Rajasthan High Court in Rajasthan was established in 1949 in Jodhpur.
- A block bench of it was established in Jaipur.
- The first judge of the Rajasthan High Court was Mr Kamalkant Verma.
- The longest-serving High court Judge of Rajasthan was Kailashnaath Wanchoo.
- In Rajasthan, at the district level, it has a district court for civil cases and a sessions court for criminal cases.
- Gurumukh Nihal Singh - First Governor of Rajasthan.
- Heeralal Shastri - First Chief Minister of Rajasthan.
- Yashoda Devi - First Female MLA of Rajasthan.
When was the Rajasthan High Court established?
- President of India Ram Nath Kovind inaugurated New Building of Rajasthan High Court at Jhalamand on Jodhpur - Jaipur National Highway on 7 December 2019.
- The High Court of the state was established in Jodhpur in the year 1949, since then its main bench was functioning in the ancient building built in the year 1935.
Key Facts
- Main Building of High Court is manufactured in the 22. 61 Bigha region.
- Its main dome is 35 meters or 120 feet in height from the ground and the diameter of the dome is 118 feet.
- The new building rests on 288 columns.
- Land was allotted for this building in the year 2006 and the year. Its foundation was laid in 2007.