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Constitutional Law Projec II SYNOPSIS

The document discusses the administrative powers of Supreme Court judges in India through a comparative analysis. It states that while the Chief Justice is generally vested with administrative functions, many powers are exercised by the full court through majority decision, such as rule-making. Many administrative powers are then delegated to lower court functionaries under the rules. The research objectives are to analyze why judicial authorities like the Supreme Court have administrative powers, compare the powers of the Chief Justice of India to other Supreme Court judges, and compare them to the administrative powers of US Supreme Court judges. The hypothesis is that judicial control has two aspects: compelling the legislature to not confer too broad discretionary powers, and having post-decisional review to ensure administrative authorities act

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Garvit Chaudhary
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66 views1 page

Constitutional Law Projec II SYNOPSIS

The document discusses the administrative powers of Supreme Court judges in India through a comparative analysis. It states that while the Chief Justice is generally vested with administrative functions, many powers are exercised by the full court through majority decision, such as rule-making. Many administrative powers are then delegated to lower court functionaries under the rules. The research objectives are to analyze why judicial authorities like the Supreme Court have administrative powers, compare the powers of the Chief Justice of India to other Supreme Court judges, and compare them to the administrative powers of US Supreme Court judges. The hypothesis is that judicial control has two aspects: compelling the legislature to not confer too broad discretionary powers, and having post-decisional review to ensure administrative authorities act

Uploaded by

Garvit Chaudhary
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Constitutional Law Project- II

ADMINISTRATIVE POWERS OF SUPREME COURT JUDGES IN


INDIA (COMPARATIVE ANALYSIS)

Synopsis
BY- GARVIT CHAUDHARY

ROLL NUMBER- : 26

Abstract

The administrative functions of the Supreme Court, or a High Court, as the case may be,
are generally vested in the Chief Justice. At the same time, various administrative functions
are performed by the full court on its administrative site, i.e., all the judges of the court
decide a particular administrative matter by majority decision. For example, rule-making
power of a court is generally exercised by the full court, and not by the Chief Justice alone.
Likewise, many of the administrative powers are delegated to the lower functionaries of the
court under the rules made by such full-court meeting. For example, in the Supreme Court,
there is a secretary general and there are several registrars and additional registrars and other
functionaries. Many administrative powers have been delegated to these officials under the
rules made by the Supreme Court. And, as mentioned above, such rules are made by the full-
court of the Supreme Court.

RESEARCH OBJECTIVES

 Why a judicial authority like Supreme Court has been vested with Administrative and
Discretionary powers?
 A Comparative analysis of administrative powers of Chief Justice of India and the rest
of the Supreme Court Judges.
 A Comparative analysis of how these powers differ from the US Supreme Court
Judge’s Administrative Powers.

Hypothesis

The judicial control has two Facets. One, to compel the legislature to desist from conferring
to broad or uncabined discretionary powers. Two, there is need to have some post- decisional
review mechanism to ensure that administrative authorities discharge their functions
according to law and within legal limits express or implied. To some extent, this important
role is discharged by courts. The courts control the exercise of discretion by the
administration and for this purpose have evolved several norms.

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