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supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
supreme court of india
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supreme court of india

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indian court

indian court

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  • 1. CLICK TO PLAY VIDEO ONE 1INSTRUCTIONS
  • 2. A PERSON TODAY DOESN’T UNDERSTANDTHE MEANING OF FREEDOM , BECAUSE HENEVER HAD HIS FREEDOM CURTAILED .ASK THE FREEDOM FIGHTERS !THUS , THE FOUNDING FATHERS OF THECONSTITUTION , WANTED THE JUDICIARYTO FUNCTION AS THE PROTECTOR OF ITSPEOPLE , INTERPRETER AND GUARDIANOF THE CONSTITUTION . 2
  • 3. Supreme Court of India 3
  • 4. India –Supreme CourtNEW DELHI
  • 5. CHIEF JUSTICE OF INDIA 5 Sarosh Homi Kapadia
  • 6. Impeachment of a JudgeGrounds: Proved Misbehaviour or IncapacityProcedure: A Motion addressed to the President signed by 100 members of Loksabha or 50 members of Rajyasabha Investigation by Judges’ Inquiry Committee Motion carried in each House by majority of the total membership and by a majority of at least two thirds members present and voting President’s order for removal of the Judge 6
  • 7. Independence of JudgesAppointment of Judges after Consulting JudgesRemoval by Special Majority: Very difficultSalaries and Pensions cannot be varied to theirdisadvantageSalaries charged on the Consolidated Fund ofIndiaDiscussion of the conduct of Judges forbidden inParliamentAfter retirement prohibition to plead in Court 7Power to punish for its Contempt
  • 8. Powers and FunctionsGuardian of the ConstitutionOriginal Jurisdiction - Art. 131Defender of the FederationEnforcement of Fundamental RightsAppellate Jurisdiction: Civil & CriminalSpecial Leave to Appeal - Art. 136Advisory JurisdictionReview (Revisory Jurisdiction)Court of RecordsContempt of court 8Power of Judicial Review
  • 9. Guardian of the ConstitutionThe Supreme Court enjoys the privilege ofprotecting the constitution against violation ofits provisions either by government or by thepeople.It acts as the watch tower of the constitutionand also exercises the power of interpretingthe contents of the constitution.But its powers were undermined during theemergency (1975-1976) 9
  • 10. Original JurisdictionDispute between:1. Govt. of India and any State2. Govt. of India and any State on one side and any other State on other side3. Two or more States inter seSubject matter of Dispute: Any question of Law or Fact on which existence or extent of legal right depends.Exceptions:1. Pre-Constitution Treaties, Agreements2. Inter-State Water disputes 10
  • 11. Enforcement of Fundamental Rights: Art. 32Habeas CorpusMandamusProhibitionCertiorariQuo Warranto 11
  • 12. Habeas CorpusTo have a bodyObject: To set free a person illegally detainedProducing Body in Court Necessary?Petition by friend/Relative also. Locus StandiliberalisedWrit addressed to: Government An Official Private Person 12For disobedience : Contempt of Court
  • 13. MandamusMandamus = A CommandOrder to do something: demands some activityCommand to perform Public or Quasi-public dutyWrit available against: Government Public Servant Judicial BodyWrit not available against President of India Governor 13 Private Individual
  • 14. ProhibitionOrder to stay a judicial ProceedingWhen? Excess of Jurisdiction No JurisdictionDuring pendency of proceeding (Prevention)To whom? Judicial Authority Quasi-judicial Authority Public Servant having duty to act judicially 14Not to Administrative Authority
  • 15. CertiorariTo whom: Judicial or Quasi-Judicial AuthorityObject: To quash order or decision (Cure)When? Court or Tribunal acts without jurisdiction Principles of Natural Justice not followed: Bias: Personal, Pecuniary Audi Alteram Partem Speaking Order Decision obtained by Fraud, Collusion, Corruption Error of Law apparent on the face of record 15
  • 16. Quo WarrantoQuo Warranto = What authority?Court inquires into legality of claim to Public OfficeCourt ousts incumbent if claim not well foundedObject: To prevent usurpation of Public Office(Constitutional or Statutory)When? Disqualified for the post Procedure not followed Irregular appointment 16Locus standi liberal
  • 17. Appellate Jurisdiction – CivilFrom Judgment, Final Order, Decree, Sentence of HighCourtConstitutional Question involved: Substantial question of Law as to the Interpretation of the Constitution Certificate of the High CourtNo Constitutional Question involved: Substantial Question of Law of general importance In the opinion of the High Court the said question needs to be decided by the Supreme Court Certificate of the High Court 17
  • 18. Appellate Jurisdiction – CriminalAs of right: HC on appeal reverses an order of Acquittal and sentences to death. HC withdraws a case to itself from subordinate court and sentences to death. HC enlargement of Cr. App. Juris. Act, 1970On Certificate of the High Court High Court certifies a criminal case as fit one for appeal to the Supreme Court. Substantial question of law as to the 18 interpretation of the Constitution + Cert. of HC
  • 19. Special Leave to Appeal (SLP) Art. 136Discretionary powerUnfettered powerFrom : Any judgment, decree, order, sentence,determination in any cause or matter Passed or made by any Court or TribunalException: Judgment of court of the Armed ForcesWhen? In exceptional cases Illegality, Irregularity, Error of Law Miscarriage of Justice 19 Principles of Natural Justice violated
  • 20. Advisory Jurisdiction – 1 Art. 143President may refer to Supreme Court for opinionQuestion of Law or Fact: Which has arisen or likely to arise And of great public importanceCourt may after ‘Hearing’ report to the PresidentCourt Shall after ‘Hearing’ reportJudges to hear: Minimum 5No litigation – Opinion not binding on the Govt. 20
  • 21. Advisory Jurisdiction – 2 Art. 143In re Delhi Laws Act case (1951)In re Berubari Union (1960)Keshav Singh’s case (1965)Cauvery Water Disputes Tribunal(1992)Ismail Faruqui v. Union of India(Ram Janma Bhumi case) (1994) 21
  • 22. Revisory JurisdictionTo review any judgment pronounced or order madeSubject to Law passed by ParliamentWhen? Discovery of new important matters of evidence Mistake or error on the face of the record Any other sufficient reasonReview is exceptional phenomenonOnly where a grave and glaring error 22
  • 23. Court of RecordA court of record is a court whose judgmentsare recorded for evidence and testimony .Thejudgments are in the nature of precedents.The High courts and other courts are boundto give a similar decision in a similar case .The Supreme Court of India shall be a Courtof Record and shall have all powers of such acourt to punish for contempt of itself. 23
  • 24. Contempt of courtThe Supreme Court enjoys the authority ofimposing fine or imprisonment for violatingthe orders of the court .Example – Chief Secretary to theGovernment of Karnataka , S.Vasudevan wasimprisoned in 1996 for not implementing theorders of the Supreme Court of India . 24
  • 25. Power of Judicial ReviewThe Supreme Court of India is the interpreterof the Constitution and its decision is final. Ithas the power to review laws passed by theUnion or State legislatures.The Supreme Court of India can declare alaw ultra vires or null and void , if it is againstthe letter and spirit of the Constitution .This power is referred to as the power ofJudicial Review .Example – Presidential order concerning de- 25recognisation of the former princes .
  • 26. MiscellaneousTransfer of Cases, Appeals from one HighCourt to anotherWithdrawal of cases from High CourtPrecedent: Law declared by Supreme Courtbinding on all courts. (Art. 141)Art. 142: Doing complete justiceRule making powerInterpretation of the ConstitutionPower of Judicial Review (Invalidating lawsand executive actions) 26
  • 27. Laws deemed unconstitutionalOn 1 February 1970, the Supreme Courtinvalidated the government-sponsored BankNationalization Bill that had been passed byParliament in August 1969.The Supreme Court also rejected asunconstitutional a presidential order of 7September 1970, that abolished the titles,privileges, and privy purses of the formerrulers of Indias old princely states. 27
  • 28. CONCLUSIONThe independence of judiciary was severelycurtailed on account of powerful centralgovernment ruled by Indian NationalCongress. This was during the IndianEmergency of Indira Gandhi.The constitutional rights of imprisonedpersons were restricted under Preventivedetention laws passed by the parliament.But the judiciary is the guardian of theconstitution , protector of the fundamentalrights and our only source of justice. 28
  • 29. CLICK TO PLAY VIDEO 2 29
  • 30. WHEN THE EXECUTIVECAN REACH SUCHEXTREMITIES ? - THEN TOPROTECT THE PEOPLESRIGHTS , WE HAVE ANJUDICIARY 30
  • 31. Overview of Integrated E-courts 31
  • 32. 32
  • 33. Thank You for your Patience 33

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