The single integrated system of judiciary has the Supreme Court at the apex. With reference to the Supreme Court, answer the following questions:
(i) What is the term of the Supreme Court Judge? Mention any two qualifications required for a person to be a Supreme Court Judge.
(ii) Mention any three ways in which the Constitution ensures the independence of the Judiciary.
(iii) Explain the following terms:
- (a)Advisory Jurisdiction
- (b)Judicial Review
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(i) A Judge of the Supreme Court holds office until he/she attains the age of 65 years.
Two qualifications required for a person to be appointed as a Judge of the Supreme Court are — he/she must be a citizen of India, and:
- He/She should have been a Judge of a High Court, or of two or more such courts in succession, for at least five years; or
- He/She should have been an advocate of a High Court, or of two or more such courts in succession, for at least ten years.
(ii) The Constitution ensures the independence of the Judiciary in the following ways:
- Security of Tenure — A Judge remains in office till the age of 65 years and can be removed by the President only on the ground of proved misbehaviour or incapacity, through the difficult process of impeachment.
- Security of Salaries and Service Conditions — The salaries and allowances of the Judges are charged on the Consolidated Fund of India and are not subject to the vote of Parliament. They cannot be changed to the disadvantage of the Judges during their term of office.
- Prohibition of Practice after Retirement — The Judges are not allowed to practise after their retirement, so that they are not obliged during their tenure to any prospective employer and cannot influence their former colleagues.
(iii)
(a) Advisory Jurisdiction — The Supreme Court has the power to give its opinion on any question of law or fact of public importance which is referred to it by the President of India. Such an opinion is only advisory; it is not binding on the government, nor is it executable as a judgement of the Supreme Court.
(b) Judicial Review — The Supreme Court has the power to review the laws passed by the Union or the State legislatures and the orders of the executive. It can declare a law 'ultra vires', i.e., null and void, if it goes against the letter and spirit of the Constitution or contravenes any of its provisions.