Powers And Functions Of Supreme Court In India Pdf Writer
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The Government and Politics of India
The model was first developed in ancient Greece and came into widespread The separation of powers is a model for the governance of both democratic and federative states. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the uncodified Constitution of the Roman Republic. The doctrine of separation of powers has emerged in several forms at different periods. Its origin is traceable to Plato and Aristotle.
Judicial activism , an approach to the exercise of judicial review , or a description of a particular judicial decision, in which a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions. Although debates over the proper role of the judiciary date to the founding of the American republic, the phrase judicial activism appears to have been coined by the American historian Arthur M. Schlesinger, Jr. Although the term is used quite frequently in describing a judicial decision or philosophy, its use can cause confusion, because it can bear several meanings, and even if speakers agree on which meaning is intended, they will frequently not agree on whether it correctly describes a given decision. Compare judicial restraint. Judicial activism is the exercise of the power of judicial review to set aside government acts. Generally, the phrase is used to identify undesirable exercises of that power, but there is little agreement on which instances are undesirable.
Each High Court could consist of a chief justice and up to 15 judges. The High Court of a State is the highest court of the State and all other courts of the State work under it. Normally there is one High Court in every State but there can be only one High Court for two or more States as well, according to the constitution. In every High Court, there is a Chief Justice and many other judges whose number is defined by the President of India. Tenure: Originally the age of the retirement of the judges of the High Courts was fixed at 60 but it was raised to 62 in according to the 15th amendment of the Constitution. Removal of the Judges: A judge may leave his office by resigning. He will send his letter of resignation to the President.
Supreme Court of Nepal
It has appellate jurisdiction over decisions of the seven High Courts including eleven Benches of the High Courts and extraordinary original jurisdiction. The court consists of twenty Justices and one Chief Justice. The Judicial Council is a five-member independent body headed by the Chief Justice along with a minister of law and justice, most senior justice of supreme court and two distinguished jurists representing the Prime Minister and Nepal Bar Association. The Chief Justice and the justices of the Supreme Court have to be confirmed by the Parliamentary Hearing Committee before they can be appointed by the President. The administrative head of the Supreme Court is the Chief Registrar. In addition to the Chief Registrar, one Registrar and four Joint-Registrar are appointed to lead different departments of the Supreme Court and offer administrative assistance to the Court. Justices of the Supreme Court are appointed from among the judges who have worked for seven years as judges of the High Courts, or Gazetted first class officer of Judicial Service for minimum 12 years or have worked as any Senior Advocate or Advocate with minimum practicing experience of fifteen years, or a distinguished jurist who has worked for minimum 15 years in the judicial or legal field.
Constitutions are either unitary or federal. The most essential feature of the federal constitution is that it has a dual government that means a dual polity consisting of the union at the centre and the states at the periphery. Each is endowed with sovereign powers to be exercised in the field assigned to them respectively by the Indian Constitution. A federal constitution is almost necessary for a written constitution. The Indian Constitution is not only a written document but also the lengthiest constitution of the world. The procedure of amending the constitution regarding the federal principle is rigid. The Indian Constitution cannot be changed unilaterally either by the centre or by the state government.
Privy Council. In fact, the systematic development of Indian judicial institutions, judicial principles, laws etc. Besides this, the British regime in India has also developed a hierarchical judicial system in India. It has played a significant role in shaping the present legal system in India. The same is discussed as under.