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Advantages And Disadvantages Of Supreme Court Judges

Decent Essays

As per Article 124, the President should appoint Supreme Court judges after consultation with such judges of High Courts and the Supreme Court and the Chief Justice of India is to be consulted in all appointments barring his/her own. Similarly, Article 217 provides for the appointment of High Court judges in consultation with the CJI, Governor, and Chief Justice of the High Court concerned. However, in S P Gupta Vs President of India, also known as the ‘First Judges Case’, the Supreme Court ruled that the recommendation made by the CJI to the President can be refused for “cogent reasons”, thereby tilting the scales in favour of the executive. In the ‘Second Judges Case’, the decision by a nine-judge bench in the Supreme Court ‘created’ a …show more content…

In Ameerun nissa v. Mahboob Begum , an act known as the Waliuddowla Succession Act of 1950 passed by the Hyderabad State was challenged before the Hyderabad High Court. The Act was passed to settle the dispute arising after the death of Nawab Waliuddowla, a nobleman of the Hyderabad State with regard to succession to his property. The Act dismissed the claims of succession by Mahboob Begum and Kadiran Begum, two of the alleged widows of the late Nawab, and their children. On appeal to the Supreme Court, the Court upheld the decision of the Hyderabad High Court that the Act was bad on the ground of violation of the equality clause. There was another similar case entitled Ram Prasad v. The State of Bihar wherein, the Bihar Sathi Lands (Restoration) Act 1950 (Bihar Act 34 of 1950), was challenged on the ground of violation of Article 14. The Act declared the settlement of certain Sathi lands in the Champaran district to be void and restored these lands to the Bettiah Wards estate. The Supreme Court held the act to be ultra vire for want of protection of equality clause as the impugned applied only to two specific individuals and denied them the right to approach a court for

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