Supreme Court of India

 

Supreme Court of India - Indian Polity Notes

The Supreme Court of India is the country’s highest judicial court. It is the final court of appeal in the country. It is hence, an extremely important topic in the UPSC exam polity and governance sections.

Latest Updates related to the Indian Supreme Court:

1. 15th February 2021: Former Supreme Court Judge, Justice PB Sawant Passed Away on this day.
2. Supreme Court is examining a petition relating to the Social Media Firm Facebook and its Messaging Application WhatsApp over their terms of service and privacy policy that were to be out on February 8th, 2021.
3. 13th February 2021: Statement from Supreme Court while dismissing a review petition on the anti-citizenship law protests held in Delhi’s Shaheen Bagh in 2019 – “Right To Protest Cannot Be Anytime, Everywhere.”

Learn about major 25 Important Supreme Court Judgements for UPSC and related notes in the linked article.

Supreme Court History

• The Federal Court of India was created as per the Government of India Act 1935.
• This court settled disputes between provinces and federal states and heard appeals against judgements of the high courts.
• After independence, the Federal Court and the Judicial Committee of the Privy Council were replaced by the Supreme Court of India, which came into being in January 1950.
• The Constitution of 1950 envisaged a Supreme Court with one Chief Justice and 7 puisne Judges.
• The number of SC judges was increased by the Parliament and currently, there are 34 judges including the Chief Justice of India (CJI). 

Supreme Court of India – Functions

• It takes up appeals against the verdicts of the High Courts, other courts and tribunals.
• It settles disputes between various government authorities, between state governments, and between the centre and any state government.
• It also hears matters which the President refers to it, in its advisory role.
• The SC can also take up cases suo moto (on its own).
• The law that SC declares is binding on all the courts in India and on the Union as well as the state governments.

Supreme Court Jurisdiction

The jurisdiction of the SC is of three types:

1. Original – Read in detail about Original Jurisdiction of the Supreme Court in the linked article. 
2. Advisory – Notes on Advisory Jurisdiction of the Supreme Court are given in the linked article. 
3. Appellate 

Supreme Court Composition

• Including the CJI, there are 34 judges in the Supreme Court.
• The judges sit in benches of 2 or 3 (called a Division Bench) or in benches of 5 or more (called a Constitutional Bench) when there are matters of fundamental questions of the law is to be decided.

Read about Indian Judiciary in detail in the linked article.

The Procedure of the Supreme Court of India

The Supreme Court of India has powers to consult the President to regulate the practice and procedure of the Court.

The Constitutional Cases are usually decided by a bench consisting of five judges whereas other cases are decided by a bench of at least three judges.

The seat of Supreme Court

As per the Constitution of India, Delhi is declared as the seat of the Supreme Court of India. However, the Chief Justice of India has the power to assign another place (s) as the seat of the Supreme Court. This is only an optional provision and not mandatory.

SC Judge Eligibility

As per Article 124, an Indian citizen who is below 65 years of age is eligible to be recommended for appointment as a judge of the SC if:

1. he/she has been a judge of one or more High Courts, for at least 5 years, or
2. he/she has been an advocate in one or more High Courts for at least 10 years, or
3. he/she is in the opinion of the President, a distinguished jurist.

Independence of Judiciary

The Constitution has many provisions to ensure the judiciary’s independence. They are discussed below:

1. Security of tenure: The judges of the SC are given security of tenure. Once appointed, they will retain their office until the age of 65 years. They can be removed only by a presidential order on grounds of proven misbehaviour and/or incapacity. This requires a Special Majority according to Article 368. Read more about the types of majorities in Parliament in the linked article.
2. Salaries and allowances: The judges of the SC enjoy good salaries and allowances and these cannot be decreased except in the case of a financial emergency. The expenses of the High Court are charged on the Consolidated Fund of the State, which is not subject to vote in the state legislature.
3. Powers and Jurisdiction: The SC’s powers and jurisdiction can only be added by the Parliament and not be curtailed. 
4. The conduct of any judge of the Supreme Court in the discharge of his/her duties cannot be discussed in the legislature.
5. The SC has the power to punish any person for its contempt, as per Article 129. (Read about Contempt of Court in India in the linked article.)
6. Separation of the Judiciary from the Executive: A Directive Principle of State Policy says that the state shall take steps to separate the judiciary from the executive in the public services of the state. According to Article 50, there shall be a separate judicial service free from executive control.

Who is the Chief Justice of India in 2021?

The Current Chief Justice of India (CJI) is Sharad Arvind Bobde. He took the office of Chief Justice of India on 18 November 2019.

How many supreme courts are there in India?

There is only 1 Supreme Court in India. And, there are 25 High Courts.

What are the powers and functions of the Supreme Court?

SC is the highest judicial court in India. It upholds the rule of law and also guarantees and protects citizens’ rights and liberties as given in the Constitution. Therefore, the Supreme Court is also known as the Guardian of the Constitution.

How many judges are there in Supreme Court?

At present, there are 34 judges in the SC including the CJI.

Can Supreme Court overrule President India?

Technically, the President cannot overrule the SC. Only Parliament can amend any law to overcome the decision of the SC. The President has the pardoning power, which he can exercise on the advice of the Council of Ministers. Even here, the President does not overrule the SC. The judgement of the Court remains, only, the President can “pardon” the punishment.

Union List, State List and Concurrent List

Seventh Schedule of Indian Constitution - Article 246 (UPSC Indian Polity Notes)

The 7th Schedule of the Indian Constitution deals with the division of powers between the Union government and State governments. It is a part of 12 Schedules of Indian Constitution. The division of powers between Union and State is notified through three kinds of the list mentioned in the seventh schedule:

1. Union List – List I
2. State List – List II
3. Concurrent List – List III

The topic, ‘7th Schedule of Indian Constitution,’ is important for the IAS Exam – Indian Polity subject (Mains GS-II).

Union List, State List, Concurrent List – Introduction

As mentioned earlier, Article 246 deals with the 7th Schedule of the Indian Constitution that mentions three lists named as Union List, State List and Concurrent List which specify the divisions of power between Union and States.

The key features of Union List, State List & Concurrent List are mentioned in the tables below:

7th Schedule of Indian Constitution – Union List

It originally had 97 subjects. Now, it has 100 subjects

Centre has exclusive powers to makes laws on the subjects mentioned under the Union List of Indian Constitution

The Union List signifies the strong centre as it has more subjects than state list

It contains more important subjects than included in any of the other two lists

All the issues/matters that are important for the nation and those requiring uniformity of legislation nationwide are included in the Union List

The dominance of Union List over State List is secured by the Constitution of India as in any conflict between the two or overlapping, the Union List prevails

Law made by the Parliament on a subject of the Union List can confer powers and impose duties on a state, or authorise the conferring of powers and imposition of duties by the Centre upon a state

There are 15 subjects in the Union List on which Parliament has an exclusive power to levy taxes

88th Amendment added a new subject in the Union List called ‘taxes on services.’

Supreme Court’s jurisdiction and powers with respect to matters in the Union list can be enlarged by the Parliament

7th Schedule of Indian Constitution – State List

It has 61 subjects. Earlier, it had 66 items.

42nd amendment Act 1976 shifted below mentioned five subjects from State list to Concurrent List: Education Forests Protection of wild animals and birds Weights and measures and Administration of justice, constitution and organisation of all courts except the Supreme Court and the High Courts

The laws can be made on the subjects enumerated under the State List of the Indian Constitution exclusively by the State legislatures. However, all these can be done only under ‘Normal Circumstances.’

Article 249 gives Parliament the power to legislate concerning a subject enumerated in the State List in the national interest

Parliament can legislate on subjects that are enumerated under the State List on three conditions: When Rajya Sabha passes resolution During a national emergency (Article 250) When two or more states pass a resolution requesting Parliament to legislate on subjects under State List Note: On states’ resolution, the law made is only applicable to such states that passed a resolution. However, other states can too adopt it by, passing the same resolution. The law made by the Parliament on States’ resolution can be amended or repealed by the Parliament only and not the states: For the implementation of International Agreements During President’s Rule

The matters of regional and local importance and the matters which permits diversity of interest are specified in the State List

There are 20 subjects in the State List on which states’ legislatures have an exclusive power to levy taxes

The 69th Constitutional Amendment Act of 1991 made special provision in relation to National Capital. Laws cannot be made by Delhi government on three subjects under State List named as – Public Order, Police & Land

7th Schedule of Indian Constitution – Concurrent List

It has 52 subjects enumerated under it

42nd amendment Act 1976 shifted below mentioned five subjects from State list to Concurrent List: Education Forests Protection of wild animals and birds Weights and measures and Administration of justice, constitution and organisation of all courts except the Supreme Court and the High Courts

The concept of ‘Concurrent List’ in the Indian Constitution has been borrowed from the Constitution of Australia

Central Government and State Government both can make laws on the subjects mentioned under the Concurrent List

While both Central and State Government can legislate on subjects mentioned under Concurrent List, however, in case of any conflict, the law made by the Central Government prevails

The matters on which uniformity of legislation throughout the country is desirable but not essential are enumerated in the concurrent list

There are 03 subjects in the Concurrent List on which both Central and state governments have the power to levy taxes

Subjects under Union List, State List and Concurrent List

The subjects that are enumerated under the Union List are mentioned below. Aspirants should know the Union List subjects, State List subjects and Concurrent Lists for the prelims and mains exam.

Union List Subjects:

Some of the important subjects are:

1. Defence
2. Army
3. International Relations
4. Ports
5. Railways
6. Highways
7. Communication

State List Subjects:

Some of the important subjects are:

1. Public order
2. Police
3. Public health and sanitation
4. Hospitals and dispensaries
5. Betting and gambling

Concurrent List Subjects:

Some of the important subjects are:

1. Education
2. Forest
3. Trade unions
4. Marriage
5. Adoption
6. Succession

MARKETS AROUND US

CLASS-VII                           SOCIAL AND POLITICAL LIFE-II

CHAPTER 8.       MARKETS AROUND US

Why we go to market

         To buy products

What are the kinds of markets

•        Shops

•        Hawker stalls

•        Weekly market

•        Large shopping malls

WEEKLY MARKET

•        No permanent shops

•        Held once in a week

•        Setup at different places in India

•        Many such markets exist.

•        Means for daily requirements

•        Available at cheaper rate

•        Sell product made at home – less costly

•        Permanent buildings have lot of expenditure as rent, electricity, fees to the govt. and wages to their workers

•        Good competition exists

•        Bargain and reduce price

•        Many things available at one place

•        Major advantage- from grocery to clothes to utensils

SHOPS IN NEIGHBORHOOD

•        SHOPS EXIST IN NEIGHBORHOOD

•        MILK

•        GROCERY

•        STATIONARY

•        EATABLES

•        SOME ARE PERMANENT SHOPS

•        OTHERS ARE ROADSIDE STALLS – VENDORS HAWKER

•        ARE NEAR TO HOME

•        CAN GO THERE ANY DAY

•        BUYER AND THERE ANY DAY

•        BUYER AND SELLER KNOW EACH OTHER

•        SHOPS DO PROVIDE GOODS ON CREDIT

SHOPPING COMPLEXES

•        Have many shops

•        Mall: large multi – storeyed air-conditioned buildings with shops on different floors

•        Both branded and non-branded goods

•        Branded goods are expensive, promoted by advertisements and quality

•        Special showrooms

•        Smaller number of people can buy branded products

CHAIN AND MARKETS

•        Series of market connected like as product pass from one market to another

•        Farmer- fertilizer- factory

•        Mechanic-repair-spair parts-factories

•        Goods produced in factories, farms or houses

•        Producers-traders-final consumers

•        Wholesalers-traders-retailors

MARKETS EVERYWHERE

•        Exist in specific locality

•        Now can place order by phone or internet

•        Home delivery options

•        Sales representative wait for doctors

•        Farmers purchase fertilizers to grow crops

•        Car factory purchases engines from factories

•        Market traders earn less profit than shopping complex traders

•        What is produced in one market reaches everywhere    ….the end….

STRUGGLES FOR EQUALITY

CLASS-VII :                SOCIAL AND POLITICAL LIFE-II

CHAPTER 10.     STRUGGLES FOR EQUALITY

•        All Indians as equal before the law and states that no person can be discriminated against because of their religion, sex, caste or whether they are rich or poor.

•        All adults in India have the equal right to vote during elections.

•        This ‘power over the ballot box’ has been used by people to elect or replace their representatives.

•        Poverty and the lack of resources continue to be a key reason why so many people’s lives in India are highly unequal.

•        Discrimination on the basis of a person’s religion, sex, caste is another significant factor for why people are treated unequally in India.

•        Poverty and lack of dignity and respect for certain communities and groups come together in such powerful ways that it is difficult to identify where one aspect of inequality ends and other begins.

STRUGGLES FOR EQUALITY      

•        When dams are built or forest areas declared sanctuaries for animals, thousands of people are displaced.

•        Whole villages are uprooted and people are forced to go and built new homes, start new lives elsewhere.

•        In urban areas bastis are often uprooted. Someof them are relocated to areas outside the city.

•        This displacement of people and communities is a problem that has become quite widespread in our country. People usually come together fight against this.

TAWA MATSYA SANGH

•        This is a federation of Fisher worker’s cooperatives- an organization fighting for the rights of the displaced forest dwellers of the Satpura forest in Madhya Pradesh.

•        Tawa river- Flows from Mahadeva hills of Chindwara district and joins Narmada in Hoshangabad.

•        Tawa Dam- started in 1958 and was completed in 1978. it submerged large areas of forest and agricultural land.

•        Tehri dam- submerged old Tehri town and 100 villages. Around 1 lakh people were displaced.

•        In 1994- Govt. gave right of fishing to private contractors in tawa reservoir.

•        These contractors drove the local people away and got cheap labour from outside.

•        The villagers stood united and decided that it was time to set up an organization for their rights.

•        The newly formed Tawa Matsya Sangh (TMS) organized rallies and a chakka jam (road blockade).

•        The govt. create committee to assess the issue.

•        In 1996- people given the rights for fishing.

THE INDIAN CONSTITUTION AS A LIVING DOCUMENT

•        The Indian constitution recognizes the equality of all persons.

•        Movements and struggles for equality in India continuously refer to the Indian constitution to make their point about equality and justice for all.

•        In a democracy, there are communities and individuals trying to expand the idea of democracy and push for a greater recognition of equality on existing as well as new issues.

•        The dignity and self-respect of each person and their community can only be realized if they have adequate resources to support and nurture their families and if they are not discrimination against.

 

 

…….THE END…..

 

A SHIRT IN THE MARKET

CLASS-VII                          SOCIAL AND POLITICAL LIFE-II

CHAPTER 9.       A SHIRT IN THE MARKET

CASE STUDY OF FARMER IN ANDHRA PRADESH: GROWING COTTON

•        Cotton bolls carry cotton

•        Balls don’t burst all at once. It takes several days to harvest

•        Requires input like pesticides and fertilizers

•        Borrow money for farm expenses

•        Repayment of loans

GINNING MILL

•        A factory where seeds are removed from cotton bolls. The cotton is pressed into bales to be sent for spinning into thread

•        Trader is a powerful man. Farmers depend on him for loans and to meet other exigencies such as illness, children’s school fees

•        In case of no farm income farmers borrow money for survival

CLOTH MARKET- ERODE

•        Erode’s bi-weekly cloth market in Tamil Nadu is one of the largest cloth market in the world

•        Cloth by weavers is brought for sale

•        Cloth merchants buy the cloth

•        Merchants supply it to garment manufacturer or exporter

•        Weavers take the yarn from traders and bring back finished product from power looms

BENEFIT FOR WEAVERS

•        Weavers don’t spend money to buy yarn

•        Weavers don’t have to bother about selling the product

•        They know what to make and how much to weave

WEAVERS’ DEPENDENCY ON MERCHANTS

•        Merchants get more power

•        They give the order for cloth and pay low prices

•        Weavers don’t know for whom they are making the cloth

•        Weavers don’t know the price at which the trader would sell the cloth

•        Merchants sell it to garment factories and market is in favor of merchants

•        Weavers invest there saving or borrow money to buy looms (cost of 1 loom is around Rs. 20,000)- they work 12 hours a day and get Rs,3500 per month

PUTTING OUT SYSTEM

•        Merchants supplies the raw materials and receives the furnished product-Prevalent in India

Weaver cooperatives

•        Weaver’s cooperatives reduce dependence on the merchant and to earn a higher income for the weavers

•        Weavers from group and procure yarn from yarn dealers and distribute among weavers- also do marketing, reduces role of merchants

•        Tamil Nadu runs free school uniform program. Govt. procures the  cloth for this program from the power loom weaver’s  cooperatives. Govt. buys cloth from the hand loom weaver’s cooperatives and sells it through stores known as Co-optex

GARMENT FACTORY

•        Use cloth for shirt marketing

•        US and Europe business persons who run the stores- demand lowest price from suppliers

•        Quality of production and delivery time is set up

•        Exporter tries best to meet the condition

•        Exporting factories- cut cost and so pay less wages to workers, maximize profit and supply garment at cheap-price

•        Highest are highest paid with workers with Rs.3000 per month

•        Women are employed as helpers for thread cutting, buttoning, ironing and packaging

PRICE OF SHIRT IN USA

•        Profit Rs. 600

•        Advertising Rs. 300

•        Storage, etc. Rs. 100

•        Purchase Rs. 200

•        Garment exporter sold at Rs.200/shirt

•        Cloth and raw-materials cost him Rs.70/per shirt

•        Workers wage cost him Rs.15/per shirt

•        Buying and selling occurs at many points-till it reaches supermarket

•        Foreign business person makes wages huge profits

•        Garment export factory gets enough to meet its daily needs

•        The weaver doesn’t get a fair price for the product

•        Not everyone gains equally in market

•        Rich and powerful gets the maximum earning- who have money, shops and land holdings

•        Poor are exploited because of dependence

 

 

THE END