The Supreme Court, The Governor & The Chief Minister CLAT Notes | EduRev

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CLAT : The Supreme Court, The Governor & The Chief Minister CLAT Notes | EduRev

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SUPREME COURT OF INDIA

Status
  • Stand at the apex of the judicial system of India.
  • Consists of Chief Justice & 30 other judges.
Appointment
  • The senior-most judge of the Supreme Court is appointed as the Chief Justice of India. Other judges are appointed by the President after consultation with such judges of the High Court as the President may deem necessary.  
Qualification
  • Citizen of India.
  • Have been a judge of High Court for 5 yrs
    or

§  An advocate of High Court for 10 yrs minimum
or
§  In President’s view, a distinguished jurist of the country.

Term & Salary
  • The Chief Justice & other judges hold office till 65 yrs of age.
  • Can give resignation to President.
  • Can be removed by the parliament.
  •  After retirement, a judge of Supreme Court cannot plead or act before any authority.
  • Salary : Chief Justice – Rs. 1,00,000/- per month
  • Other Judges – Rs. 90,000/- per month  
Removal of Judges
  • A motion seeking the removal of the judge can be preferred before either House of the Parliament.
  • The resolution should be supported by a majority of total membership of both the house & by 2/3 majority of the members present & voting.
Jurisdiction of the Supreme Court
  •  Original Jurisdiction: The Supreme Court settles all disputes between centre – State, State – State, etc.
The Supreme Court, The Governor & The Chief Minister CLAT Notes | EduRev

Seal of the Supreme Court of India

Jurisdiction of the Supreme Court
  • Writ Jurisdiction: Every individual has the right to move the Supreme Court directly by appropriate proceeding for the enforcement of his Fundamental Right.
  • 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).
  • 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.
  • It is a court of record as its decision are of evidentiary value & cannot be questioned in any court.
  • 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.
  • The Supreme Court decides disputes regarding the election of the President and the Vice-President.
  • The Supreme Court recommends the removal of members of UPSC to the President.

 THE GOVERNOR

Qualification
  • Citizen of India.
  • Completed 35 yrs of age.
  • Shouldn’t be a member of either House of Parliament or the State Legislature.
  • Must possess the qualification for membership of State Legislature.
  • Mustn’t hold any office of profit.
Status
  • Nominal executive head in States.
  • Normally each State has its own Governor, but under the seventh Amendment Act, 1956, the same person can be appointed as Governor of one or more States or Lt. Governor of the Union Territory.
  • Appointed by the president on the recommendations of Union Council of Ministers.
  • His usual term of office is 5 yrs but he holds office during the pleasure. Of the President. He can be asked to continue for more time until his successor takes the charge.
  • Can give his resignation or can be removed earlier by the President. The Legislature of a State or a High Court has no role in the removal of a Governor.
  • Salary from the Consolidated Fund of the State (Rs, 1,00,000  per month )and is not subject to the vote of the State Legislature. When the same person is appointed as the Governor of two or more States, the emoluments and allowances payable to him shall be allocated among the States in such proportion as determined by the President of India.
  • His oath is administered by the Chief Justice of the concerned State High Court and in his absence, the senior-most judge of that Court.
Powers
  • Appoints Chief Minister, Council of Minister, Chairman & members of State Public Service Commission. Advocate General of the State and Election Commissioner of the State.
  • Summons, Prorogues & dissolves the State Legislature.
  • President consults Governor while appointing Chief Justice and other judges of High Court. Appoints judges of courts below the High Court.
  • Reports to the President if the State Government is not running constitutionally and recommends the President’s Rule (Article 356). When the President’s Rule is in progress, he becomes the ‘Agent of the Union Government in the State’. He takes over the reigns of administration directly into his own hands and runs the State with the aid of the Civil Servants.

 CHIEF MINISTER

Status
  • Real executive head of the Govt. at the State level.
  • The position of Chief Minister at the State level is analogous to the position of the Prime Minister at the Centre.
  • Appointed by Governor. Other Minister are appointed by the Governor on the advice of the Chief Minister.
  • If CM resigns, entire ministry resingns.
  • Generally, the leader of the majority party is appointed.
  • A person who is not a member of State Legislature can be appointed, but he has to get himself elected within 6 month otherwise he is removed.
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