History & Civics

With regard to the Supreme Court of India, answer the following questions:

(a) State three qualifications required to be a Judge of the Supreme Court.

(b) Mention three ways in which the Constitution ensures the independence of the Judges of the Supreme Court.

(c) Mention two types under which an appeal in a criminal case lies to the Supreme Court.

Supreme Court

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Answer

(a) A person is not qualified for appointment as a judge of the Supreme Court unless he is a citizen of India, and

  1. has been for at least five years a Judge of a High Court or of two or more such courts in succession; or
  2. has been for at least ten years an advocate of a High Court or of two or more such courts in succession; or
  3. is, in the opinion of the President, a distinguished jurist.

(b) Three ways in which the Constitution ensures the independence of the Judges of the Supreme Court are-

  1. Appointment of Judges — Every Judge of the Supreme Court is appointed by the President after consultation with the Cabinet as well as the Judges of Supreme Court and High Court. Thus, the judiciary and the executive are involved in the appointment of Judges.
  2. Security of Tenure — A Judge can remain in office till he has attained the age of 65 years. He can be removed by the President on the ground of "proved misbehaviour or incapacity."
  3. Punishment for Contempt of Court — The Supreme Court can punish for the contempt of court if a person or authority makes an attempt to lower its authority.

(c) Two types under which an appeal in a criminal case lies to the Supreme Court are-

  1. Cases without the certificate of the High Court.
  2. Cases with the certificate of the High Court.

The certificate of the High Court is not required in a case:

  1. Where the High Court has reversed the judgement of acquittal given by the Lower Court and punished the accused with a death sentence.
  2. A case which is withdrawn by the High Court from a Subordinate Court and sentenced the accused to death.

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