In this case, the SC overruled the decision of the S P Gupta case and held that in the matter of appointment of judges of high courts and supreme court, the CJ should have the primacy and the appointment of the CJ should be based on seniority. Need notes with case laws. This was seen as a blatant assault on the independence of the judiciary. If interested, you can contact me with your updated cv. 1. Protection and Enforcement of Human Rights in India, International Humanitarian Law and Refugee Law, Collective Violence and Criminal Justice System, Forensic Science and Scientific Investigation of Crime, Environmental Development : Law and Policy, Environment and International Legal Order. While I had spent effort & time for researching and preparing these notes, they aren’t complete but remain as a work-in-progress. There is no similar provision in the American constitution. CSL2601 -_summary_constitutional_law. Semester 1 Semester 2 Legal Methods Legal Methods Syllabus Custom EVOLUTION OF LAW FUNCTIONS OF LAW Historical school Law and Justice LEGISLATION MEANING OF LAW MUNICIPAL AND INTERNATIONAL LAW Philosophical School Prescedents Ratio Decendi, Obiter Dicta Stare Decises REASONS FOR THE GROWTH OF DELEGATED LEGISLATIONS SEPERATION OF POWERS Sociological school SUBSTANTIVE LAW AND PROCEDURAL LAW… ‘[Judicial deference] has two distinct sources. In adjudging the constitutionality of socio-economic legislation, judges accord deference to the legislative will and such legislation is not invalidated unless it is patently discriminatory. The case involves a question of law as to the interpretation of the constitution. Old outlines (Spring 2001 and before) are thus broken down into Contracts I and II. The High Court, under 134A certifies that the case be heard by the SC. This is an important factor that ensure the independence of the judiciary. I hadn’t gotten to the point of completing the notes for all subjects. I am full zero of writing all subjects. coming december I have exams. The jurisdiction of the SC can be increased but not decreased i.e. The concept of Judicial Review started from the case of Marbury vs Madison in 1800 in the USA. In short, judicial activism means that instead of judicial restraint, the Supreme Court and other lower courts become activists and compel the authority to act and sometimes also direct the government regarding policies and also matters of administration. Foundation / Compulsory Papers. Your support in terms of sharing, liking, and contributing may fuel my motivation. Preference will be given to students from rural backgrounds. In the transfer of HC Judges, in addition to the collegium of four senior most Judges, the CJI was obliged to consult the CJ of two High Courts. The 11th Presidential Reverence sought clarification on certain doubts over the consultation process to be adopted by the Chief Justice of India as stipulated in the 1993 case relating to judges appointment and transfer opinion. CSL2601 5 Separation of Powers of India. The SC has original jurisdiction in any dispute arising between: Under original jurisdiction, individuals cannot bring a suit again Govt. in the opinion of the president, a distinguished Jurist. Contracts I. The first is the constitutional principle of the separation of powers. Thus, the constitution clearly tried to prevent the executive from having complete discretionary powers in the appointment of the judges.
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