History & Civics
The Supreme Court of India is the supreme judicial authority and the highest court of the Republic of India. It is the final court of appeal for all civil and criminal cases. With reference to the Supreme Court, answer the following questions:
(i) Who appoints the judges of the Supreme Court?
Mention any two qualifications required for a person to be appointed as a judge of the Supreme Court.
(ii) Under Article 129, the Supreme Court of India is called a Court of Record. Justify this statement with any three points.
(iii) Explain the following terms:
(a) Revisory Jurisdiction
(b) Advisory Jurisdiction
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Answer
(i) The President of India appoints the judges of the Supreme Court.
Two qualifications required for a person to be appointed as a judge of the Supreme Court are:
- He/she should be a citizen of India.
- He/she has been for at least five years a Judge of a High Court or of two or more such courts in succession.
(ii) Under Article 129, the Supreme Court is called a Court of Record. This can be justified in the following ways—
- Permanent Records of Judgments – The Supreme Court maintains records of its decisions and proceedings. These serve as legal references for future cases and cannot be questioned in any court.
- Power to Punish for Contempt – As a Court of Record, the Supreme Court has the authority to punish individuals for contempt of court if they disobey its orders or show disrespect.
- Precedent Value – The decisions of the Supreme Court act as precedents. Lower courts are bound to follow its judgments, helping maintain uniformity in the application of law.
(iii)
(a) Revisory Jurisdiction — The Supreme Court has the power to review its own judgments to correct any mistakes, as its decisions are treated as laws.
(b) Advisory Jurisdiction — The Supreme Court can give its opinion on any question of law or fact of public importance as may be referred to it for consideration by the President. This advice is not binding on the Government and cannot be enforced like a judgment.
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