History & Civics
Compare the two higher courts of our country with reference to the following:
(a) qualification
(b) age of retirement
(c) one example of each of their Original Jurisdiction.
Answer
(a) Supreme Court —
According to the Constitution, a person shall be qualified for appointment as a judge of a Supreme Court under the following conditions:
- Should be a citizen of India.
- 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.
High Court —
According to the Constitution, a person shall be qualified for appointment as a judge of a High Court under the following conditions:
- Should be a citizen of India.
- Should not be over 62 years.
- Has held a judicial office in the territory of India for at least ten years; or
Has been an advocate of a High Court for at least ten years.
(b) Age of retirement of a Supreme Court judge — 65 years
Age of retirement of a High Court judge — 62 years
(c) Supreme Court — The Original Jurisdiction of Supreme Court extends to cases of violation of the fundamental rights of individuals, and the Court can issue several writs for the enforcement of these rights. Any individual can approach the Supreme Court in case of violation of a fundamental right.
High Court — It has original jurisdiction over matters relating to State revenue and its collection.
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Read the following excerpt and answer the questions that follow:
As railway and transport minister, Lal Bahadur Shastri sent his resignation twice to Nehru after train accidents. Only once he was persuaded to take it back…..When it appeared that Nehru seemed inclined to accept the (second) resignation, thirty MPs appealed to Nehru not to let Shastri go. They were of the view that while Shastri should be lauded for having offered to resign, his resignation should not be accepted, as he was not personally responsible for the accident.
(Source:https://theprint.in/pageturner/excerpt/lal-bahadur-shastri-sent-nehru-his-resignation-set-gold-standard-for-politicians/304341/)
(a) Does Shastri's resignation reflect Individual Responsibility or Collective Responsibility? Justify.
(b) Highlight two important differences between both types.
When either of the two Houses of the Parliament of India is not in session, and if the government feels the need for an immediate procedure, the President can promulgate …………… that has the same force and effect as an act passed by parliament under its legislative powers.
What can the President promulgate? Who prepares it? Which body must approve it?