Note –
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Judiciary
- Parliament decide the number of judges of supreme court while president decides the numbers in high courts
- Both supreme court and high court judges are appointed as well as removed by president <why not governor in case of high courts?>
- Salaries of high court judges is charged on CFS while pension is charged on CFI <why so> <what is charged and non charged expenditure>
- Appointment by collegium system (CJI plus 4 senior most supreme court judges) after 3rd judges case <how are high court judges appointed>
- District judges are appointed by governor in consultation with high courts <difference district judge v/s sessions judge>
- Both SC and HC judges need 10 year practice in high court but SC judge need 5 year judgeship in high court while HC judge needs 10 years of judgeship in district court
- A distinguished jurist can be appointed as judges of supreme court but not high court <why>
- Removal by special majority of parliament on grounds of proved misbehavior or incapacity <what is the whole procedure> <what is special majority and how is it different in case of impeachment of president>
- SC judges can’t practice w/i India post retirement: high court judges can in supreme court or other high courts <but there is no bar on further appointments such as chairperson or members of NHRC etc> <which authorities can’t be given further appointment?>
- Constitution provided for 1 high court for each state but 7th amendment allowed parliament to establish common high courts <how many high courts preside over more than 1 state or UT? Name them>
Q. Compare and contrast structure of Indian Judiciary with that of United states.
Jurisdiction of high court and supreme court
Exclusive (original by default) | Original <concurrent with high courts> | Appellate | Advisory |
Petition only in supreme court (directly by default) | Directly in supreme court | Appeals from high court | President refers(art 143) |
Federal disputes, inter state matters, disputes regarding election of president, VP | Writ under art 32 | Appeals, SLP | Not necessary to tender opinion except on pre constitutional matters |