
The country’s Judicial System has a Supreme Court at its apex. In this context state:
a) Manner of appointment of Judges
b) Term of Office and removal of Judges
c) Its power of Judicial review
Answer
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Hint: The Supreme Court's most well-known authority, judicial review, or the Court's right to declare a legislative or executive act in violation of the Constitution, is not included in the Constitution's language.
Complete answer:
a) Manner of appointment of Judges
The president appoints Supreme Court judges after meeting with the Chief Justice and as many other Supreme Court and High Court judges as he considers appropriate. The President appoints the Chief Justice after consulting with judges from the Supreme Court and the High Court, if deemed required.
b) of Office and removal of Judges
A Supreme Court judge's term is not fixed by the Constitution, but he serves until he reaches the age of 65. On the advice of Parliament, the President may dismiss a Supreme Court judge from his position. A special majority of each house of parliament must agree to the withdrawal address (the majority of total membership of that house and majority of not less than two-thirds of the members of that house present and voting). Proven misbehaviour or incapacity are the reasons for dismissal.
c) Its power of Judicial review
The supreme court has been designated as the guarantor and defender of human rights by the Constitution. Article 13 of the Indian Constitution declares legislation that violates human rights unconstitutional. If legislative or administrative acts are in dispute with the constitution, the supreme court has the right to review them and declare them ultra vires (outside the scope of law).
Note: The new Supreme Court consists of nine justices: one Chief Justice and eight Associate Justices. The Honorable John G. Roberts, Jr. is the 17th Chief Justice of the United States, and the Supreme Court has had 103 Associate Justices.
Complete answer:
a) Manner of appointment of Judges
The president appoints Supreme Court judges after meeting with the Chief Justice and as many other Supreme Court and High Court judges as he considers appropriate. The President appoints the Chief Justice after consulting with judges from the Supreme Court and the High Court, if deemed required.
b) of Office and removal of Judges
A Supreme Court judge's term is not fixed by the Constitution, but he serves until he reaches the age of 65. On the advice of Parliament, the President may dismiss a Supreme Court judge from his position. A special majority of each house of parliament must agree to the withdrawal address (the majority of total membership of that house and majority of not less than two-thirds of the members of that house present and voting). Proven misbehaviour or incapacity are the reasons for dismissal.
c) Its power of Judicial review
The supreme court has been designated as the guarantor and defender of human rights by the Constitution. Article 13 of the Indian Constitution declares legislation that violates human rights unconstitutional. If legislative or administrative acts are in dispute with the constitution, the supreme court has the right to review them and declare them ultra vires (outside the scope of law).
Note: The new Supreme Court consists of nine justices: one Chief Justice and eight Associate Justices. The Honorable John G. Roberts, Jr. is the 17th Chief Justice of the United States, and the Supreme Court has had 103 Associate Justices.
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