The Supreme Court

Total Questions: 50

31. With reference to Indian judiciary, consider the following statements: [I.A.S. (Pre) 2021]

1 . Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India.

2. A High Court in India has the power to review its own judgement as the Supreme Court does.

Which of the statements given above is/are correct?

Correct Answer: (c) Both 1 and 2
Note:

As per Article 128, Chief Justice of India may at any time, with the previous consent of the president, request any person who has held the office of a Judge of the Supreme Court or of the Federal Court or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court

Article 215, High Courts to be courts of record every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.

32. The minimum number of Judges of the Supreme Court required for hearing any case involving interpretation of the Constitution is - [U.P.P.C.S.(Pre) 2012]

Correct Answer: (d) Five
Note:

There are a minimum 5 Judges of the Supreme Court required for hearing any case involving interpretation of the Constitution. It is designated as the Constitutional Bench.

33. The minimum number of Supreme Court Judges who can hear a case involving a substantial question of law as to the Interpretation of the Constitution is - [U.P.P.C.S. (Mains) 2012]

Correct Answer: (a) Five
Note:

There should be a minimum 5 or more Judges to hear a case involving a substantial question of law as to the interpretation of the Constitution. The panel generally contains judges in odd numbers for example 3, 5, 7, 9, 11 etc. This is done to avoid any clash of votes or views.

34. The power of the Supreme Court of India to decide disputes between the Centre and the State falls under its- [I.A.S. (Pre) 1996, 2014]

Correct Answer: (c) Original jurisdiction
Note:

Article 131 of the Constitution of India deals with the Original jurisdiction of the Supreme Court. According to this article the Supreme Court shall, to the exclusion of any other Court, have original jurisdiction in any dispute- oily

(a) between the Government of India and one or more States; or

(b) between the Government of India and any State or States on one side and one or more States on the other; or

(c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends.

Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, and or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.

35. The power of Supreme Court of India decide the disputes between Centre and States falls under which Jurisdiction [M.P.P.C.S. (Pre), 2021]

Correct Answer: (d) Original Jurisdiction
Note:

Article 131 of the Constitution of India deals with the Original jurisdiction of the Supreme Court. According to this article the Supreme Court shall, to the exclusion of any other Court, have original jurisdiction in any dispute- oily

(a) between the Government of India and one or more States; or

(b) between the Government of India and any State or States on one side and one or more States on the other; or

(c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends.

Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, and or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.

36. Which of the following are included in the original jurisdiction of the Supreme Court? [I.A.S. (Pre) 2012]

1. A dispute between the Government of India and one or more States.

2. A dispute regarding elections to either House of the Parliament or that of Legislature of a state.

3. A dispute between the Government of India and a Union Territory.

4. A dispute between two or more States.

Select the correct answer using the codes given below:

 

Correct Answer: (c) 1 and 4
Note:

Article 131 of the Constitution of India deals with the Original jurisdiction of the Supreme Court. According to this article the Supreme Court shall, to the exclusion of any other Court, have original jurisdiction in any dispute- oily

(a) between the Government of India and one or more States; or

(b) between the Government of India and any State or States on one side and one or more States on the other; or

(c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends.

Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, and or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.

37. Which of the following statements is not true about the power of Supreme Court of India? [U.P. P.C.S. (Mains) 2017]

Correct Answer: (a) It has the exclusive power to issue writs to protect the fundamental rights of the People.
Note:

The Supreme Court (under Article 32) and the High Courts (under Article 226) can issue writs to protect the fundamental rights of the people. Hence it is not an exclusive power of the Supreme Court.

38. Of the following statements, which one is not correct? [53rd to 55th B.P.S.C. (Pre) 2011]

Correct Answer: (c) Supreme Court can hear from any High Court/ Tribunals except Court-martial.
Note:

Armed Forces Tribunal Act, 2007 provides that the Court Martial can be appealed in the Supreme Court.

39. The Supreme Court of India is a 'Court of Record.' It implies that - [U.P.P.C.S. (Pre) 2008]

Correct Answer: (b) All its decisions have evidentiary value and cannot be questioned in any court.
Note:

Under Article 129 of the Indian Constitution, the Supreme Court shall be a Court of Record and shall have all the powers of such a Court including the power to punish for contempt of itself. It implies that - (1) The judgment and proceeding are written and enrolled for perpetual memory in further proceedings. (2) the Courts have the power to punish for its contempt, thus 'Court of Record' means all the decisions have the evidentiary value and cannot be questioned in any Court. Hence options (b) and (c) both are correct but according to Uttar Pradesh Commission option (b) is the correct answer.

40. Which of the following Courts in India is/are known as the Court (s) of Record? [U.P.P.C.S. (Mains) 2008]

Correct Answer: (c) The High Courts and the Supreme Court
Note:

According to Article 129 and Article 215 of the Constitution of India, the Supreme Court and the High Courts respectively, both are to be 'Courts of Record' and shall have all the powers of such a Court including the power to punish for contempt of itself.