The Supreme Court

Total Questions: 50

41. Which one of the following pairs (Article- provision) is not correctly matched? [UP R.O./A.R.O. (Pre) 2023]

Correct Answer: (a) Article 124 - Supreme Court to be a Court of Record
Note:

Article 124 of the Indian Constitution deals with the Establishment and constitution of the Supreme Court. Significantly, Article 129 of the Indian Constitution empowers the Supreme Court to be a Court of Record.

42. Consider the following statements: [I.A.S. (Pre) 2022]

1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed.

2. The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves.

3. The Constitution of India defines Civil Contempt and Criminal Contempt.

4. In India, the Parliament is vested with the powers to make laws on Contempt of Court.

Which of the statements given above is/are correct?

Correct Answer: (b) 1, 2 and 4
Note:

In 1961 the H.N. Sanyal Committee was constituted and to pursue its recommendation, the contempt of courts Act, 1971 was passed.

• Under Article 129 and Article 215, the Supreme Court and high court shall be a court of record and shall have all the power of such including the power to punish for contempt.

• The expression 'contempt of court' has not been defined by the constitution. It has been defined in the contempt of Courts Act 1971

• In India, the parliament has powers to make laws on contempt of court. Thus statements 1, 2 and 4 are correct.

43. The Supreme Court holds its meetings in New Delhi, but it can meet elsewhere - [U.P.P.C.S. (Spl) (Mains) 2008]

Correct Answer: (a) With the approval of President.
Note:

The Supreme Court shall sit in Delhi or such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint (Art. 130).

44. In which of the following cases, the Supreme Court of India enunciated the 'Doctrine of Basic Structure'? [U.P.P.C.S. (Mains) 2012]

Correct Answer: (c) Keshvanand Bharti
Note:

In the case of Keshavananda Bharti vs. the State of Kerala, (1973) a thirteen-Judges bench of the Indian Supreme Court, by a majority of 7:6, stated that the Parliament could only amend the Constitution to the extent that it did not "damage or destroy the basic structure of the Constitution" (under Article 368). Constitutional amendments are subject to judicial review; the Court essentially placed a substantive non-legislative check upon the Parliament's power of amendment.

45. Which one of the following cases propounded the concept of 'Basic structure' of the Indian Constitution? [U.P.P.C.S. (Pre) 2014 U.P. Lower Sub. (Mains) 2013]

Correct Answer: (d) None of the above
Note:

In the case of Keshavananda Bharti vs. the State of Kerala, (1973) a thirteen-Judges bench of the Indian Supreme Court, by a majority of 7:6, stated that the Parliament could only amend the Constitution to the extent that it did not "damage or destroy the basic structure of the Constitution" (under Article 368). Constitutional amendments are subject to judicial review; the Court essentially placed a substantive non-legislative check upon the Parliament's power of amendment.

46. Which of the following Articles of the Constitution of India have been declared by the Supreme Court as the 'Inviolable basic structure' of the Constitution: [U.P.P.C.S. (Pre) 1999]

Select the correct answer from the code given below:

1. Article 32

2. Article 226

3. Article 227

4. Article 245

Code:

Correct Answer: (a) 1, 2 and 3
Note:

A Larger Bench of seven Judges in the Kesavananda Bharati Case unequivocally declared that the power of judicial review over legislative action vested in the High Courts under Article 226 and in the Supreme Court under Article 32 of the Constitution is an integral and essential feature of the Constitution, constituting part of its basic structure. Article 227 defines; that every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises Jurisdiction. These three Articles were declared the inviolable basic structure of the constitution of India in the Kesavananda Bharati Case.

47. The source of the 'Basic Structure Theory of the Constitution' in India is [U.P. U.D.A./L.D.A. (Mains) 2010]

Correct Answer: (b) Judicial Interpretation
Note:

The Parliament could not use its amending powers under Article 368 to 'damage,' destroy,' 'abrogate,' change' or alter the 'basic structure' or framework of the Constitution. The view expressed in Keshavananda Bharati Case was subsequently approved in the Minerva Mill's Case, 1980.

48. The second largest bench Constituted by the Supreme Court till date was in the - [U.P.P.C.S. (Spl) (Mains) 2004]

Correct Answer: (a) Golaknath Case
Note:

The largest bench (13 Judges) constituted by the Supreme Court till date was in the case of Keshavananda Bharati (1973). The second largest bench (11 Judges) constituted by the Supreme Court till date was in the Case of Golaknath vs. the State of Punjab (1967).

49. In which of the following cases, Supreme Court held that? [U.P.P.C.S.(Pre) 2012]

"Fundamental Rights enable a man to chalk out his life in the manner he likes best "?

Correct Answer: (b) Golaknath Vs. The State of Punjab
Note:

The Supreme Court held the above concept in the Case of Golaknath Vs. the State of Punjab.

50. Identify the incorrect pair of Case and Ruling in that case by Supreme Court: [R.A.S./R.T.S. (Pre) 2013]

Correct Answer: (d) Bella Banerjee Case- Right to travel abroad is a part of personal liberty.
Note:

Bella Banerjee Case is related to the West Bengal Land Development and Planning Act, 1948. The right to travel abroad as a part of personal liberty was considered in the case of Maneka Gandhi (1978). The pair of option (d) is incorrect.