The rules for regulating the practice and procedures of the Supreme Court under Article 145 of the constitution are made by the ________________.
A. The President Of India
B. Supreme Court with the Approval of the President of India.
C. Supreme Court India
D. Supreme Court with consultation with the Bar council of India.
Answer
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Hint: In the Constitution the article 145 authorized the supreme court to amend the rules but not all by itself.
Complete answer:
The Supreme Court of India is the highest ranking legal body of the government of India. It is the most senior constitutional court, and has the power of legal review. The Chief Justice of India is the head and chief magistrate of the Supreme court and the court comprises a maximum of 34 judges and it has substantial powers in the form of original, appellate and consulting jurisdictions.
A. President- This is not the right option.
B. Supreme Court with the Approval of the President of India- This is the right option. The Supreme court in order to control the court practice and procedures can set up the rules with the approval of the President of India.
C. Supreme Court India- This is not the right option.
D. Supreme Court with consultation with the Bar council of India- This is also not the right option.
Additional Information:
The Supreme Court is considered as the most powerful public institution in India. As the constitutional court of the country, it takes up appeals essentially against adjudication of the high courts of various states of the Union and other courts and tribunals. It protects basic rights of citizens and settles debates between various government authorities as well as the central government versus state governments or state governments versus another state government in the country.The law announced by the supreme court becomes irrevocable on all courts within India and also by the union and state governments. As per Article 142 of the Constitution, it is the duty of the President of India to impose the edict of the supreme court and the court is conferred with the immanent jurisdiction to pass any order considered necessary in the interest of justice. Article 145 of the Constitution of India authorizes the Supreme Court to mount its own rules (with Presidential approval) for controlling court practice and procedures.
Hence the correct answer is option ‘B’.
Note:The Supreme Court of India with the Approval of the President of India sets up the rules regarding the practice and procedures of the supreme court under Article 145 of the constitution.
Complete answer:
The Supreme Court of India is the highest ranking legal body of the government of India. It is the most senior constitutional court, and has the power of legal review. The Chief Justice of India is the head and chief magistrate of the Supreme court and the court comprises a maximum of 34 judges and it has substantial powers in the form of original, appellate and consulting jurisdictions.
A. President- This is not the right option.
B. Supreme Court with the Approval of the President of India- This is the right option. The Supreme court in order to control the court practice and procedures can set up the rules with the approval of the President of India.
C. Supreme Court India- This is not the right option.
D. Supreme Court with consultation with the Bar council of India- This is also not the right option.
Additional Information:
The Supreme Court is considered as the most powerful public institution in India. As the constitutional court of the country, it takes up appeals essentially against adjudication of the high courts of various states of the Union and other courts and tribunals. It protects basic rights of citizens and settles debates between various government authorities as well as the central government versus state governments or state governments versus another state government in the country.The law announced by the supreme court becomes irrevocable on all courts within India and also by the union and state governments. As per Article 142 of the Constitution, it is the duty of the President of India to impose the edict of the supreme court and the court is conferred with the immanent jurisdiction to pass any order considered necessary in the interest of justice. Article 145 of the Constitution of India authorizes the Supreme Court to mount its own rules (with Presidential approval) for controlling court practice and procedures.
Hence the correct answer is option ‘B’.
Note:The Supreme Court of India with the Approval of the President of India sets up the rules regarding the practice and procedures of the supreme court under Article 145 of the constitution.
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