QA

Can Government Deny Seniority In Appointing Chief Justice India

Is Chief Justice based on seniority?

Associate justices have seniority in order of the date their respective commissions bear, although the chief justice is always considered to be the most senior of all the justices.

What are the criteria for the appointment of the Chief Justice of India?

The Chief Justice of India and the Judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution. CHIEF JUSTICE OF INDIA : 2. Appointment to the office of the Chief Justice of India should be of the seniormost Judge of the Supreme Court considered fit to hold the office.

When the Chief Justice of India is appointed by the president he is required to consult?

The CJI must consult the four most senior judges of the Supreme Court also.

What is the Article 224?

Article 224A of the Constitution allows the Chief Justice of a High Court to appoint a person who has been a judge earlier to sit as a judge of the court with the previous consent of the President. This has only been invoked thrice in the past and has more or less stayed dormant for years.

How is Chief Justice chosen?

The chief justice is appointed by the president with the advice and consent of the Senate and has life tenure. His primary functions are to preside over the Supreme Court in its public sessions when the court is hearing arguments and during its private conferences when it is discussing and deciding cases.

How Chief Justice of High Court is appointed?

The Chief Justice and Judges of the High Courts are to be appointed by the President under clause (1) of Article 217 of the Constitution.

How is the Chief Justice of India appointed also discuss the issues related to appointment of the judges?

The Chief Justice of India and the Judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution. CHIEF JUSTICE OF INDIA : 2. Appointment to the office of the Chief Justice of India should be of the seniormost Judge of the Supreme Court considered fit to hold the office.

What is the minimum age limit for eligibility of Chief Justice of India?

Minimum and Maximum Age Limits in Indian Constitution Office Minimum Age Maximum Age Chief Justice of India — 65 years Other Judges of the Supreme Court — 65 years Members of Lok Sabha 25 years — Members of Rajya Sabha 30 years —.

Who appoints acting Chief Justice of India?

The correct answer is the President of India. The appointment of acting Chief Justice is to be made by the President under Article 126 of the Constitution. Vacancy in the office of the Chief Justice must be filled whatever the period of vacancy.

Which of the following members is not consulted by the President of India for appointment of High Court?

Which one of the following members is not consulted by the President of India for the appointment of the judges of the High Court? a. Chief Justice of India.

What is the salary of Chief Justice of Supreme Court of India?

Further, if judges do not use this entitlement, they will be paid a monthly allowance equal to 30% of their salary. Designation Present (Rs) Proposed (Rs) Chief Justice of India 1,00,000 2,80,000 Other Judges of the Supreme Court 90,000 2,50,000.

Who is the present Chief Justice of India 2021?

His Lordship took oath as The Chief Justice of High Court of Karnataka on 10th May 2019 and His Lordship took oath as Judge of Supreme Court of India on 31st August 2021. Justice Vikram Nath was born on 24 September 1962.

Is Article 226 a fundamental right?

Article 32 is a fundamental right. Article 226 is a constitutional right. Article 32 can be suspended if an emergency has been declared by the President.

What is additional judge?

Additional Judges can be appointed by the President under clause (1) of Article 224 of the Constitution. When the need for this arises, the State Government should first obtain the sanction of the Central Government for the creation of such additional posts.

What is ad hoc judge?

1 A judge ad hoc is a judge appointed by a special procedure for a specific project, case, or period only—as opposed to, and in contrast to, a regular judge, appointed through a regular procedure for a regular period of time.

Why are judges appointed and not elected?

All Justices are nominated by the President, confirmed by the Senate, and hold their offices under life tenure. Since Justices do not have to run or campaign for re-election, they are thought to be insulated from political pressure when deciding cases.

Does the chief justice decide what cases to hear?

The chief justice presides over the Court’s public sessions and also presides over the Court’s private conferences, where the justices decide what cases to hear and how to vote on the cases they have heard.

Are judges elected or appointed?

The California Legislature determines the number of judges in each court. Superior court judges serve six-year terms and are elected by county voters on a nonpartisan ballot at a general election. Vacancies are filled through appointment by the Governor.

Who decides strength of high court?

Article 217 of the Constitution: It states that the Judge of a High Court shall be appointed by the President in consultation with the Chief Justice of India (CJI), the Governor of the State.

Who started PIL in India?

Public interest litigation (PIL) refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati. It is a relaxation on the traditional rule of locus standi.

What is a 3 Judge bench called?

A bench of two or three judges is called a division bench. The Supreme Court Rules vests Chief Justice of India, the power to constitute benches as part of his administrative responsibilities.

Can High Court declare central law invalid Upsc?

No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.

Which qualification is wrong for being a judge in the Supreme Court?

In order to be appointed as a Judge of the Supreme Court, a person must be a citizen of India and must have been, for atleast five years, a Judge of a High Court or of two or more such Courts in succession, or an Advocate of a High Court or of two or more such Courts in succession for at least 10 years or he must be,.

Does the chief justice have more power?

Additionally, when the court renders an opinion, the chief justice, if in the majority, chooses who writes the court’s opinion. When deciding a case, however, the chief justice’s vote counts no more than that of any other justice.