GK 2015 Question Bank CD -

jurisdiction supreme court

  • a.Original Jurisdiction : The Supreme Court settles all disputes between Centre – State, State – State, etc.
  • b.Writ Jurisdiction : Every individual has the right to move the Supreme Court directly by appropriate proceedings for the enforcement of his Fundamental Rights.
  • c.Appellate Jurisdiction : It is three – fold :
  • Constitutional : In constitutional matters, an appeal lies to the Supreme Court if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.
  • Civil : In civil cases, an appeal lies to the Supreme Court if a High Court certifies that the value of the subject matter of the dispute is not less than Rupee 20,000 or that the case is fit for appeal to the Supreme Court.
  • Criminal :In criminal cases, an appeal lies to the Supreme Court if the High Court :
    • Has on appeal reversed the order of acquittal of an accused and sentenced him to death ( or )
    • Has withdrawn for trial before itself any case from any – subordinate court and has in such trial convicted the accused and sentenced him to death ( or )
    • Certifies that the case is fit for appeal to the Supreme Court.
  • d.Advisory Jurisdiction : If the President seeks the advice of Supreme Court, it is duty bound to give its opinion ( Its opinion isn’t a binding on President ).
  • e.Revisory Jurisdiction : The Supreme Court under Article 137 is empowered to review any judgement or order made by it with a view to removing any mistake or error that might have crept in the judgement or order.
  • f.It is a court of record as its decisions are of evidentiary value & cannot be questioned in any court.
  • g.The Supreme Court also enjoys the power of judicial review as it can ensure that the laws passed by legislature and orders issued by the executive do not contravene any provision of the Constitution
  • h.The Supreme Court decides disputes regarding the election of the President and the Vice President
  • i.The Supreme Court recommends the removal of members of UPSC to the President.

Public Interest Litigation

  • Any member of the public can now initiate a proceeding on behalf of the aggrieved person ( esp. if the person is too poor or unable to move the court on his or her own ) in either the High Court or the Supreme Court for enforcement of constitutional rights.
  • A destitute citizen can file a writ petition even through a simple letter written on a postcard.
  • This derives from the ‘right to be heard’ as implied by Article 32.
  • Cognizance of public litigation cases’ by the Supreme Court has added a new dimension to its role.

Public Interest Litigation

  • Any member of the public can now initiate a proceeding on behalf of the aggrieved person ( esp. if the person is too poor or unable to move the court on his or her own ) in either the High Court or the Supreme Court for enforcement of constitutional rights.
  • A destitute citizen can file a writ petition even through a simple letter written on a postcard.
  • This derives from the ‘right to be heard’ as implied by Article 32.
  • Cognizance of public litigation cases’ by the Supreme Court has added a new dimension to its role.

General Studies Question Bank CD

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