The Supreme Court (Part-II)

Total Questions: 50

1. Consider the following statements and state which one of them is correct? [U.P.P.C.S. (Mains) 2010, 2013]

(a) Supreme Court of India has only Original Jurisdiction.
(b) It has only Original and Appellate Jurisdiction.
(c) It has only Advisory and Appellate Jurisdiction.
(d) It has Original, Appellate as well as Advisory Jurisdiction.

Correct Answer: (d) It has Original, Appellate as well as Advisory Jurisdiction.

Solution:Article 131 of the Constitution of India deals with the Original Jurisdiction of the Supreme Court; Article 132-136 deals with Appellate Jurisdiction and Article 143 deals with Advisory Jurisdiction of the Supreme Court.

2. Which of the following is concerned with the Supreme Court of India? [68th B.P.S.C. (Pre) 2022]

(a) Collegium system
(b) Appellate jurisdiction
(c) Original jurisdiction
(d) More than one of the above
(e) None of the above

Correct Answer: (d) More than one of the above

Solution:As far as the Supreme Court is the concerned Collegium system, Appellate jurisdiction and Original jurisdiction are related to the apex court. Significantly, the collegium system is the system of appointment and transfer of judges that has evolved through judgments of the Supreme Court, and not by an Act of Parliament or by a provision of the Constitution. Except this, the Supreme Court is the highest Court of Appeal of all courts. Regarding Original Jurisdiction; it is important to mention here that as a Federal court, the Supreme Court decides disputes between different units of the Indian Federation. Hence, Option (d) is correct answer.

3. Which Article of the Constitution of India deals with the Appellate Jurisdiction of the Supreme Court in connection with Constitutional Cases? [U.P.P.C.S. (Mains) 2004 U.P.U.D.A./L.D.A. (Pre) 2002 U.P.P.C.S. (Pre) 2001]

(a) Article 131.
(b) Article 132.
(c) Article 132 read with Article 134 A.
(d) Article 133 read with Article 134 A.

Correct Answer: (c) Article 132 read with Article 134 A.

Solution:Article 131 of the Constitution of India deals with the Original Jurisdiction of the Supreme Court. Article 132 deals with the Appellate Jurisdiction of the Supreme Court in appeals from High Courts in the Following cases - any Judgement, decree or Final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding. While Article 133 deals with the Appellate Jurisdiction of the Supreme Court in appeals from High Courts regarding civil matters. Article 134A deals with a certificate for an appeal to the Supreme Court. Thus, during constitutional disputes reading Article 134A together with Article 132 creates appellate jurisdiction of the Supreme Court.

4. All the cases regarding interpretation of the Constitution can be brought to the Supreme Court under it's - [U.P. Lower Sub. (Mains) 2013]

(a) Original Jurisdiction
(b) Appellate Jurisdiction
(c) Advisory Jurisdiction
(d) None of the above

Correct Answer: (b) Appellate Jurisdiction

Solution:All the cases regarding the interpretation of the Constitution can be brought to the Supreme Court under its Appellate Jurisdiction. The Appellate Jurisdiction of the Supreme Court can be divided into the following heads.

(i) The Appellate Jurisdiction of the Supreme Court in appeals from High Courts of any judgment, decree or order passed by High Court in the territory of India whether in Civil, criminal or another proceeding, that involves a substantial question of law or interpretation of the Constitution (Article 132).

(ii) The Appellate Jurisdiction of the Supreme Court in appeals from High Courts regarding civil matters (whether or not containing Constitutional questions) (Article-133).

(iii) The Appellate Jurisdiction of the Supreme Court regarding criminal matters (whether or not containing Constitutional questions) (Article-134),

(iv) The Special Leave appeal by the Supreme Court (Article-136).

5. Curative Petition in India can be filed in Supreme Court under Article - [U.P.P.C.S. (Mains) 2014]

(a) 138
(b) 140
(c) 142
(d) 146

Correct Answer: (c) 142

Solution:The concept of Curative Petition was evolved by the Supreme Court of India in the case of Rupa Ashok Hurra Vs. Ashok Hurra, 2002. According to the decision of the Supreme Court, the Curative Petition can be appealed in the Supreme Court under Article 142 of the Constitution.mod

6. Which Article of the Constitution permits the Supreme Court to review its judgement or order? [U.P.P.C.S. (Mains) 2009]

(a) Article 137
(b) Article 130
(c) Article 139
(d) Article 138

Correct Answer: (a) Article 137

Solution:Under Article 137, the Supreme Court has the power to review its judgement subject to the provision of any law made by Parliament or any rule made under Article 145 of the Indian Constitution.

7. Which one of the following is correct with regard to the power to review any judgment pronounced or order made by the Supreme Court of India? [U.P.P.C.S. (Mains) 2011]

(a) The President of India has the power of review such judgment or order.
(b) The Supreme Court has the power to review its judgment or order.
(c) The Cabinet has the power to review such judgment or order with the permission of the President of India.
(d) The Supreme Court does not have the power to review its judgment or order.

Correct Answer: (b) The Supreme Court has the power to review its judgment or order.

8. Which one of the following is correct about the Supreme Court regarding its Judgment? [U.P.P.C.S. (Mains) 2005]

(a) It can change the Judgment
(b) It can not change the Judgment
(c) Only the Chief Justice of India can change the Judgement
(d) Only the Ministry of Law can change the Judgment.

Correct Answer: (a) It can change the Judgment

Solution:According to Article 137 subject to the provision of any law made by the Parliament or any rules made under Article 145, the Supreme Court shall have the power to review any Judgment or order.

9. With reference to the constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following? [I.A.S. (Pre) 2019]

(a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.
(b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
(c) In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.
(d) State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.

Correct Answer: (b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.

Solution:Article 142 - enforcement of decrees & orders of the supreme court and unless as to discovery etc. (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India such manner as 'may be prescribed by or under any law by parliament and until provision in that behalf is so made, in such manner as the president may by order prescribe.

10. In India, Judicial Review implies - [I.A.S. (Pre) 2017]

(a) the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
(b) the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.
(c) the power of the Judiciary to review all the legislative enactments before they are assented to by the President.
(d) the power of the Judiciary to review its own judgments given earlier in similar or different cases.

Correct Answer: (a) the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.

Solution:The Judicial Review means the power of the Judiciary to interpret the Constitution and to declare any such law or order of the Legislature and Executive void, if it finds it in conflict with the Constitution of India.

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