Indian Constitution Part 5.4- Judicial System of India: Supreme Court
In the Part-5 The Union of the Indian Constitution have also the formation of Indian Judicial System from article 124 to 147.
There are three major branches of the Government of India – the Legislature, the Judiciary, and the Executive. Judiciary is an important branch of the Government of India. It is an independent body and is different from the executive and legislature. The judiciary operates in such a way that it holds both the executive and the legislature in its mandatory role.
Introduction to Indian Judiciary System:
The judicial system of India includes the Supreme Court, the High Court, the District Court or the Subordinate Court. The main function is to bring justice to the people. Indian judiciary inherited its legal system from British colonial rule. The single system of courts has been adopted by the Government of India Act 1935, both of the Central laws as well as the state laws.
Part-5 of Indian constitution deal with Supreme Court, High Court comes under Indian constitution Part-6 which we discuss later in this series.
Formation of Supreme Court:
The Supreme Court was established in the year 1950 under Article 124 of the Constitution, at that time the number of judges of the Supreme Court was 8 (Chief Justice + 7 other judges). At present, the number of judges of the Supreme Court is 31 (Chief Justice + 30 other judges). It was increased from 26 to 31 in February 2009 under the Constitution Amendment 2008. In this context, the number of other judges increased, in 1956, 10 in 1960, 13 in 1977, 18 in 1986, 26 in 1986 and in 2009, it was increased to 31.
Qualification of Supreme Court Judges:
1. Should be a citizen of India
2. In the High Court, have worked for the post of judge for at least 5 years.
3. Acting as an advocate for at least 10 years in the High Court or the various Courts.
Tenure of the Supreme Court judge:
1. Supreme Court Judge holds office until the age of 65 years.
2. Judge give resignation before completing its tenure by writing to the name of President.
3. A Supreme Court judge can be removed from his post by a special majority passed by both the Houses of Parliament.
Important articles of Supreme Court:
1. Article 124: The judges of the Supreme Court are appointed by the President.
2. Article 125: Salaries of Supreme Court judges.
3. Article 129: the Supreme Court has special powers.
2. Article 143: The President has the right to seek advice from the Supreme Court.
Part 5.4- Supreme Court MCQ’s
1. When was the Supreme Court of India first inaugurated?
A. 15th August 1947
B. 26th November 1949
C. 28th January 1950
D. 30th January 1949
[toggle] Answer – C[/toggle]
2. Which is the highest judicial authority in India whose decisions are binding on all courts?
A. Supreme Court
B. Parliament
C. Law Minister
D. Lok Sabha
[toggle] Answer – A [/toggle]
3. From which source India got a concept of Single order of the court?
A. Government of India Act, 1935
B. Government of India Act, 1919
C. Pitts India Act, 1773
D. None of the following
[toggle] Answer – A
Explanation: Government of India Act, 1935 [/toggle]
4. Which of the following statement is not true about India’s Supreme Court?
A. Article 124 to 147 and Part V of the Indian Constitution informs about the composition and powers of the Supreme Court?
B. The Supreme Court was inaugurated on January 28, 1950
C. At present, there are 35 judges in the Supreme Court
D. Judges of Supreme Court are appointed by the President of India
[toggle] Answer – C
Explanation: At present, there are 31 judges in the Supreme Court since 2009. [/toggle]
5. Which qualification is wrong for being a judge in the Supreme Court?
A. It is compulsory to be a citizen of India.
B. He should be a respected jurist in the eyes of Parliament
C. Must be a judge in the High Court for at least 5 years
D. He should be a lawyer in the High Court for at least 10 years
[toggle] Answer – B
Explanation: In the eyes of the President, he should be a respected jurist. [/toggle]
6. Which statement regarding the tenure of judges of the Supreme Court is not correct?
A. Judge of the Supreme Court can remain in office till the age of 65 years.
B. Judge of the Supreme Court gives his resignation letter to the Chief Justice
C. On the recommendation of Parliament, he can be removed by the President.
D. Supreme Court judge can be removed only in the condition of misconduct.
[toggle] Answer – B
Explanation: A judge of the Supreme Court gives his resignation letter to the President. [/toggle]
7. Who can remove the Judge of the Supreme Court?
A. Chief Justice of the Supreme Court
B. Only President
C. Only Parliament
D. Both Parliament and President
[toggle] Answer – D
Explanation: The proposal for the removal of the judge should be passed with a special majority in both the Houses of Parliament, while the decision to remove from the post is taken by the President.[/toggle]
8. What is the current salary of Chief Justice of the Supreme Court?
A. 1.10 lakhs Rupees
B. 1 lakh Rupees
C. 90,000 Rupees
D. 1.25 lakhs Rupees
[toggle] Answer – B
Explanation: From the year 2009, the Chief Justice of the Supreme Court gets a salary of Rs. 1 lakh.[/toggle]
9. The President can declare a judge an executive chief justice of the Supreme Court of India when …
A. The post of Chief Justice is vacant
B. Chief Justice is temporarily absent
C. Chief Justice is unable to discharge his obligations
D. All of the above
[toggle] Answer – D[/toggle]
10. Who among the following has the right to establish the bench of Supreme Court elsewhere in the country?
A. The Chief Justice of the Supreme Court
B. The President of India
C. The Parliament
D. Chief Justice of the Supreme Court
[toggle] Answer – D
Explanation: The Chief Justice of the Supreme Court has the right to seek the permission of the President before setting up the Supreme Court bench elsewhere in the country.[/toggle]