The Supreme Court (Part-II)

Total Questions: 50

31. The power to enlarge the jurisdiction of the Supreme Court of India with respect to any matter included in the Union List of Legislative Powers rests with - [I.A.S. (Pre) 2003]

(a) The President of India
(b) The Chief Justice of India
(c) The Parliament
(d) The Union Ministry of Law, Justice and Company Affairs.

Correct Answer: (c) The Parliament

Solution:According to Article 138(1) of the Constitution, the Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer.

32. By whom the jurisdiction of the Supreme Court of India can be enlarged? [Uttarakhand P.C.S. (Pre) 2012]

(a) President of India.
(b) Parliament by passing a resolution.
(c) Parliament by making a law.
(d) President in consultation with Chief Justice of India.

Correct Answer: (c) Parliament by making a law.

Solution:The jurisdiction of the Supreme Court of India can be enlarged by the Parliament by making a law. According to Article 138 of the Indian Constitution, the Parliament can enlarge the additional jurisdiction and the powers of the Supreme Court by making a law.

33. Who has the right to seek advisory opinion of the Supreme Court on any question of law - [U. P. P. S.C. (GIC) 2010, U.P.P.C.S. (Pre) 2012]

(a) Prime Minister
(b) President
(c) Any High Court
(d) All of the above

Correct Answer: (b) President

Solution:Article 143 of the Constitution of India deals with the 'Power of President to Consult Supreme Court.'

34. Under which Article, the President of India refer to the Supreme Court regarding the process of appointment and transfer of Judges in the Supreme Court and High Courts? [U.P. Lower Sub. (Pre) 1998]

(a) Article 127 sub clause (1)
(b) Article 143 sub clause (1)
(c) Article 143 sub Clause (11)
(d) Article 144 sub Clause (a)

Correct Answer: (b) Article 143 sub clause (1)

Solution:Under Article 143 sub-clause (1), President can obtain the opinion of the Supreme Court on the question of law or fact that is of such nature and of such public importance that it is expedient to got the opinion of the Supreme Court. He may refer the question to that Court for consideration. So under 143 (1), the President of India can refer to the Supreme Court regarding the process of appointment and transfer of Judges in the Supreme Court and High Courts of India.

35. Which of the following statements regarding the Advisory Jurisdiction of the Supreme Court is correct? [I.A.S. (Pre) 1994]

(1) It is binding on the Supreme Court to give its opinion on any matter referred to it by the President.

(2) The full bench of the Supreme Court hears any reference made to it under its power of Advisory Jurisdiction.

(3) The opinion given by the Supreme Court on a reference under Advisory Jurisdiction is not binding on the government.

(4) Not more than one reference at a time can be made to the Supreme Court under its power of Advisory Jurisdiction.

Select the answer from the codes given below:

(a) 1 and 2
(b) 1 and 3
(c) 2 and 3
(d) 2 and 4

Correct Answer: (c) 2 and 3

Solution:According to Article 143, the President can take the advice of the Supreme Court on the following topics -

(1) matter of fact or law related to public importance,

(2) any former Constitutional treaty, agreement or other equivalent subjects. In the first case the Supreme Court is not bound to give advice, but in the second case, the Supreme Court has to give its opinion. The full bench (of 5 members) of the Supreme Court hears any reference made to it under Advisory Jurisdiction. The advice given by the Court is not binding on the Government. Thus option (c) is correct.

36. The advisory powers of the Supreme Court of India imply that it may- [U.P.P.C.S. (Mains) 2016]

(a) Advise to the President on the issues of law or fact which are of public importance.
(b) Advise to the government of India on all Constitution matters.
(c) Advise to the Prime Minister on legal matters.
(d) Advise to all the above persons.

Correct Answer: (a) Advise to the President on the issues of law or fact which are of public importance.

Solution:According to Article 143, the President can take the advice of the Supreme Court on the following topics -

(1) matter of fact or law related to public importance,

37. The Supreme Court of India tenders advice to the President on a matter of law or fact: [I.A.S. (Pre) 2001]

(a) On its initiative.
(b) Only if he seeks such advice.
(c) Only if the matter relates to the Fundamental Rights of citizens.
(d) Only if the issue poses a threat to the unity and integrity of the country.

Correct Answer: (b) Only if he seeks such advice.

Solution:Under Article 143(1) of the Indian Constitution, the Supreme Court of India Acts as an advisory body to the President of India who can ask for advice on any matter of law or fact of public importance.

38. Consider the following statements: [I.A.S. (Pre) 2010]

The Supreme Court of India tenders advice to the President of India on matters of law or fact.

1. On its initiative (on any matter of larger public interest).

2. If he seeks such advice.

3. Only if the matters is related to the Fundamental Rights of the citizens.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) 3
(d) 1 and 2

Correct Answer: (b) 2 only

39. Under which Article of the Indian Constitution did the President make a reference to the Supreme Court to seek the Court's opinion on the Constitutional validity of the Election Commission's decision on deferring the Gujarat Assembly Elections (in the year 2002)? [I.A.S. (Pre) 2003]

(a) Article 142
(b) Article 143
(c) Article 144
(d) Article 145

Correct Answer: (b) Article 143

Solution:In August 2002, the then President Dr. Abdul Kalam sought advice from the Supreme Court under Article 143 in connection with the controversy between the Election Commission and the Government on elections in Gujarat. The issues related to the limits on the powers of the Election Commission under Article 324, the impact of Article 174 on the Jurisdiction and powers of the Commission and whether the Commission could recommend promulgation of the President's rule in a State.

40. "I will bear true faith and allegiance to the Constitution of India.....uphold the Sovereignty and Integrity of India..... Perform the duties of my office... uphold the Constitution and Law." it is the form of Oath taken by- [U.P.P.C.S. (Spl) (Mains) 2004]

(a) The President of India
(b) The Chief Justice of India
(c) The Member of Parliament
(d) The Governor

Correct Answer: (b) The Chief Justice of India

Solution:The Third Schedule to the Constitution of India contains the forms of the oaths or affirmations for Union and State Ministers, Members of Parliament, Members of State Legislatures, Judges of the Supreme Court and the High Courts, and the Comptroller and Auditor-General of India. There are 10 forms of oaths or affirmations included in the Third Schedule. The given form of oath is prescribed for the Chief Justice of India and the Comptroller and Auditor General of India.

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