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) Explain the term Original Jurisdiction of the Supreme Court with any two examples.
(iii) Name any four writs issued by the Supreme Court.
Supreme Court
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Answer
(i) The judges of the Supreme Court are appointed by the President of India. Two qualifications required for a person to be appointed as a judge of the Supreme Court are:
- The person must be a citizen of India.
- The person should either have been a judge of a High Court for at least five years or have been an advocate of a High Court for at least ten years
(ii) 'Original Jurisdiction' means the power to hear and determine a dispute in the first instance; i.e., those cases which cannot be moved in any court other than the Supreme Court. Following are two examples:
- Any dispute between the Government of India and one or more States.
- Any dispute between two or more States.
(iii) The Supreme Court of India has the power to issue following four writs:
- Habeas Corpus — This writ is used to enforce the fundamental right of individual liberty against unlawful detention.
- Mandamus — This writ is used by the court to order the public official who has failed to perform his duty or refused to do his duty, to resume his work.
- Certiorari — This writ is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or squash the order of the latter in a case.
- Prohibition — This writ is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
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