Judiciary


1. Tell the date of establishment and territorial establishment of Calcutta High Court?

In 1862 and jurisdiction is west Bengal

2. Tell the date of establishment and territorial establishment of J & K High Court?

In 1957 and jurisdiction is J & K

3. Who is Attorney General of India?

Article 76 states President shall appoint qualified to be appointed as Judge of Supreme Court to be Attorney General of India. He is the first legal officer of Government of India.

4. Attorney General holds office on pleasure of whom?

President

5. How is impeachment of Attorney General held?

He can resign by addressing to President. It is a convention that after change of Government Attorney General resigns and new Government appoints a new one.

6. How many types of jurisdiction did High Court have?

The High Courts of metro cities like Mumbai, Kolkata and Chennai have both original and appellate jurisdiction. The High Court follow original jurisdiction in matters of admiralty, probate matrimonial and contempt of court. The High Court follows appellate jurisdiction in civil and criminal cases from subordinate courts as well as on their own. The High Courts have power to issue writs not only for enforcement of fundamental rights but also for other purposes (art 226). This jurisdiction of issuing writs is larger in High Courts than in Supreme Court.

7. Can Attorney General take appointment as director of any country?

No

8. Who assist the Attorney General?

Solicitor General and four Additional Solicitor Generals

9. Who is the first law officer of state?

Advocate General

10. Who decides salary of Advocate General?

Governor

11. What is the qualification of Advocate General?

He must be qualified to become judge of Supreme Court

12. What are the powers of Advocate General?

He has the right to attend and speak in any house of state legislature and has the right of becoming audience in any court in state

13. The Supreme Court was setup under which act?

It was set up under Government of India Act 1935 and came into existence on January 28, 1950

14. Which court stands at the apex of judiciary in India?

Supreme Court

15. How many judges did Supreme Court have?

It has one Chief Justice and 30 other judges. The power to increase or decrease judges rests with Parliament

16. How are judges of Supreme Court appointed?

Senior most judge is made the Chief Justice, other judges are appointed by President after consultation with those judges of Supreme and High Court whom President may deem necessary

17. What is the term of judges of Supreme Court?

It is 65yrs for both Chief Justice and other judges. A retired judge cannot practice in any court.

18. What are the roles of Attorney General?

Following are them:

- Gives legal advice to Government of India

- Discharges functions and legal duties given by Constitution or President

- Right of audience in all courts in territory of India

- Appear before Supreme and High Courts for cases of Government of India


19. How many types of jurisdiction did Supreme Court have?

Following are them:

- Original Jurisdiction: Supreme Court settles all disputes between centre-state, state-state etc.

- Writ Jurisdiction: Every individual has right to move to Supreme Court directly for enforcement of fundamental rights, article 32 imposes duty on Supreme Court to enforce the fundamental rights

- Appellate Jurisdiction: It is three fold

  1. a) Constitutional: In constitutional matters an appeal lies to Supreme Court if High Court certifies that case is an interpretation of constitution
  2. b) Civil: An appeal lies to Supreme Court if High Court certifies that case is fit for appeal in Supreme Court
  3. c) Criminal: An appeal lies to Supreme Court if High Court certifies that case is fit for appeal in Supreme Court and High Court has withdrawn for trial before itself any case from subordinate and has in such trial convicted the accused and sentenced him to death

- Advisory Jurisdiction: if the President seeks advice from Supreme Court, it is duty bound to give opinion but its decision is not bound to President

- Revisory Jurisdiction: Supreme Court under article 137 may revive any order made by it to remove mistake or error that has crept in the judgment or order. It is a "Court of Record" as its decisions are of evidential value and can be used as precedent in any court.


20. What are the qualifications of Attorney General?

Following are them:

- He must be a citizen of India.

- He must serve as judge of High Courts in succession for minimum 5yrs.

- He must serve as advocate of High Courts in succession of 10yrs.


21. What are the restrictions of Attorney General?

Following are them:

- He cannot advice against the Government of India

- He cannot defend accused persons for criminal prosecution without permission of Government of India.

- He is not allowed to take private practice provided the other party is not the state.

- He cannot be a member of either house of Parliament but allowed to speak in meetings of both houses.

- He has no right to vote in Parliament.

- He is not paid salary but remuneration as determined by President.


22. What is the qualification of judge of Supreme Court?

Following are them:

- He must be an Indian

- He must be at least 10 yrs advocate of High Court or of two or more such courts in succession or must be a distinguished Jurist

- He must be a judge of High Court for at least 5yrs