
In which of the following cases has the Supreme Court held that primacy should be given to the opinion of Chief Justice of India over the opinion of the Other constitutional of High Court and Supreme Court Judges______.
(A) Supreme Court Advocate on record Association vs Union of India
(B) Transfer of judges case
(C) Special courts bills case
(D) Keshvananda Bharati case
Answer
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Hint: The Judiciary is the third and most important organ of the government. It has the obligation to apply the laws to legal cases and settle all debates. The genuine meaning of the term ‘law’ is what the adjudicators choose throughout giving their decisions in different cases. From the resident's perspective, Judiciary is the main organ of the public authority since it goes about as their defender against the potential abundances of administrative and executive organs.
Complete answer:
In mid-2015, the Supreme Court Advocates-on-Record Association and Senior Advocates documented writ petitions under the steady gaze of the Supreme Court testing the lawfulness of the Ninety-ninth Amendment and the NJAC Act.24 The petitions asserted, inter alia, that the NJAC disregarded the essential structure of the Constitution by trading off the legal executive's independence. A few key properties arose out of the NJAC Judgment. To start with, the Court held that the Constitution orders legal power in arrangements. Second, in light of the established content and longstanding practice, the Court held that legal supremacy isn't just unavoidably required, but on the other hand, is important for the unamendable essential structure since it is indispensable to the autonomy of the legal executive. Third, and as an outcome of the earlier property, the NJAC was held unlawful for disregarding the prerequisites of legal power and legal autonomy.
Consequently, Option A is right.
Note: The function of the Judiciary as the gatekeeper defender of the constitution and the key privileges of individuals makes it more important than the other two organs. An important feature of the judicial system is its hierarchical structure of courts. This framework is sufficiently able to make constraints of court with its ward and exercise of the force. The Supreme Court of India is put at the highest point of the progressive position followed by High Courts at the state level and lower courts at lower levels. The Supreme Court of India is at the apex of the Indian juridical framework.
Complete answer:
In mid-2015, the Supreme Court Advocates-on-Record Association and Senior Advocates documented writ petitions under the steady gaze of the Supreme Court testing the lawfulness of the Ninety-ninth Amendment and the NJAC Act.24 The petitions asserted, inter alia, that the NJAC disregarded the essential structure of the Constitution by trading off the legal executive's independence. A few key properties arose out of the NJAC Judgment. To start with, the Court held that the Constitution orders legal power in arrangements. Second, in light of the established content and longstanding practice, the Court held that legal supremacy isn't just unavoidably required, but on the other hand, is important for the unamendable essential structure since it is indispensable to the autonomy of the legal executive. Third, and as an outcome of the earlier property, the NJAC was held unlawful for disregarding the prerequisites of legal power and legal autonomy.
Consequently, Option A is right.
Note: The function of the Judiciary as the gatekeeper defender of the constitution and the key privileges of individuals makes it more important than the other two organs. An important feature of the judicial system is its hierarchical structure of courts. This framework is sufficiently able to make constraints of court with its ward and exercise of the force. The Supreme Court of India is put at the highest point of the progressive position followed by High Courts at the state level and lower courts at lower levels. The Supreme Court of India is at the apex of the Indian juridical framework.
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