The Supreme Court: ICSE Class 10 Civics solutions

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Get notes, summary, questions and answers, MCQs, extras, and PDFs of Chapter 4 “The Supreme Court” which is part of ICSE Class 10 Civics (Morning Star). However, the notes should only be treated as references and changes should be made according to the needs of the students.

Summary

The chapter on the Judiciary in the provided document outlines the structure, composition, and functions of India’s judicial system, with a focus on the Supreme Court. The judiciary in India operates as a single integrated system, where the Supreme Court stands at the top, overseeing and controlling the functioning of all lower courts. This system ensures uniformity in the application of laws across the country.

The Supreme Court is composed of the Chief Justice of India and up to 33 other judges. These judges are appointed by the President of India, in consultation with other judges and the Council of Ministers. To qualify for appointment, a person must be a citizen of India and meet specific criteria, such as having served as a judge or an advocate for a specified number of years or being recognized as a distinguished jurist.

Judges of the Supreme Court enjoy security of tenure until they reach the age of 65, and they can only be removed through a rigorous impeachment process for proven misbehavior or incapacity. This independence is further safeguarded by several measures, including secure salaries, the freedom to make decisions without external pressure, and protection from public or legislative criticism.

The Supreme Court has several key functions. Its original jurisdiction includes hearing disputes between states or between the central and state governments. It also has the power to enforce fundamental rights, transfer cases, and interpret the Constitution. The appellate jurisdiction allows it to hear appeals on constitutional, civil, and criminal matters from lower courts. Additionally, the Court can advise the President on legal questions, review its own judgments, and exercise judicial review to ensure laws align with the Constitution.

The Supreme Court also serves as a “Court of Record,” meaning its decisions are preserved as precedents and have binding authority on all other courts in the country. It plays a vital role as the guardian of the Constitution, ensuring that the rights of individuals are protected and that the actions of the government remain within constitutional bounds.

Textbook (Total History) solutions

Multiple-Choice Questions

1. What is the maximum number of Judges that can be appointed in the Supreme Court, excluding the Chief Justice of India?

A. 30
B. 33
C. 34

Answer: B. 33

2. What is the term of office of a judge of the Supreme Court?

A. Until he attains 63 years
B. Until he attains 70 years
C. Until he attains 60 years
D. Until he attains 65 years

Answer: D. Until he attains 65 years

3. Which of the following statements about Judiciary in India are correct?

P: There are separate sets of laws for the centre and the States.
Q: The Supreme Court of India consists of a Chief Justice and 25 other judges.
R: The Supreme Court exercises control over the functioning of other courts in India.
S: The judiciary in India is independent of the other two organs of the government i.e., Legislature and Executives.

A. R and S
B. P and Q
C. P and R
D. Q and S

Answer: A. R and S

4. Identify the qualifications for appointment as a Judge of the Supreme Court?

P: He has been for at least ten years a Judge of a High Court or two or more such courts in succession.
Q: He has been an advocate for at least ten years of a High Court or two or more such courts in succession.
R: He is a distinguished jurist in the opinion of the President.
S: He has been a member of important enquiry commissions.

A. P and Q
B. R and S
C. P and R
D. Q and S

Answer: C. P and R

5. The appellate jurisdiction extends to

A. Constitutional cases
B. Criminal cases
C. Civil cases
D. All of the above

Answer: D. All of the above

6. The minimum number of judges to hear and decide a case involving interpretation of the Constitution shall be

A. Ten
B. Four
C. Five
D. Seven

Answer: C. Five

7. Identify the cases in which the Supreme Court holds original Jurisdiction?

P: To hear and determine a dispute between Government of India and one or more States.
Q: In cases involving the violation of the Fundamental Rights of individuals.
R: Appeals in criminal cases.
S: All matters that involve interpretation of the Constitution.

A. P and Q
B. P and R
C. Q and S
D. R and S

Answer: A. P and Q

8. As a “Court of Record” the Supreme Court has the power to

A. punish for contempt of itself
B. fine for collusion of opposing parties
C. declare evidence as indisputable
D. confer titles to appellants

Answer: A. punish for contempt of itself

9. Identify the functions of the Supreme Court of India.

P: To settle disputes between different ministries.
Q: To issue writs for the enforcement of Fundamental Rights.
R: To give its verdict on the interpretation of the Constitution.
S: To advise the Prime Minister of India on any question of law.

A. P and R
B. Q and R
C. Q and S
D. R and S

Answer: B. Q and R

10. What is the full form of “PIL”?

A. Public Interest Law
B. Public Interest Litigation
C. People’s Interest Litigation
D. People’s Interest Law

Answer: B. Public Interest Litigation

11. A detained person has not been produced before the magistrate within 24 hours of arrest. Which legal remedy is available to him/her?

A. Writ of Mandamus
B. Writ of Quo Warranto
C. Writ of Habeas Corpus
D. Writ of Prohibition

Answer: C. Writ of Habeas Corpus

12. If the Supreme Court declares a law made by the Central Government as null and void, which power is used by it?

A. Revisory Jurisdiction
B. Judicial Review
C. Advisory Jurisdiction
D. All of the above

Answer: B. Judicial Review

Short Answer Questions

1. Who determines the strength of the Supreme Court?

Answer: Parliament determines the strength of the Supreme Court.

2. By whom are the Judges of the Supreme Court appointed and how?

Answer: The Judges of the Supreme Court are appointed by the President of India in consultation with the Judges of the Supreme Court and of High Courts, besides the Council of Ministers. In case of the appointment of a Judge other than the Chief Justice, the Chief Justice of India shall be consulted.

3. With reference to the judiciary, what is meant by the term “impeachment”? On what grounds can a judge of the Supreme Court be removed from office?

Answer: The term “impeachment” refers to the process by which a judge of the Supreme Court can be removed from office. A judge can be removed from office on the grounds of proved misbehaviour or incapacity. This removal process is conducted by the President of India after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of the House present and voting.

4. Who decides the salaries and other emoluments of the Judges of the Supreme Court? Under what circumstances can the salaries and allowances of the Judges of the Supreme Court be reduced?

Answer: The salaries and other emoluments of the Judges of the Supreme Court are decided by Parliament. The salaries and allowances of the Judges of the Supreme Court can be reduced only during periods of financial emergency.

5. Name the types of jurisdiction of the Supreme Court. In case of violation of the Fundamental Rights of individuals, which type of jurisdiction of the Supreme Court is applicable?

Answer: The types of jurisdiction of the Supreme Court are Original Jurisdiction, Appellate Jurisdiction, Advisory Jurisdiction, Revisory Jurisdiction, and Judicial Review. In case of violation of the Fundamental Rights of individuals, the Original Jurisdiction of the Supreme Court is applicable.

6. Mention any one power of the Supreme Court which is not enjoyed by other courts. What happens if either the Parliament or a State Legislature passes any law that is against the Constitution?

Answer: The Supreme Court has the power of Judicial Review, which is not enjoyed by other courts. If either the Parliament or a State Legislature passes any law that is against the Constitution, the Supreme Court can declare the law ‘ultra vires’ or null and void.

7. What is meant by the term ‘Writ’? Name any two writs issued by the Supreme Court.

Answer: A writ is an order from a judicial authority asking a person to perform some act or refrain from performing an act. Two writs issued by the Supreme Court are Habeas Corpus and Mandamus.

8. Who is the protector and final interpreter of the Constitution?

Answer: The Supreme Court is the protector and final interpreter of the Constitution.

9. Mention two types under which an appeal in a criminal case lies to the Supreme Court.

Answer:

1. Cases without the certificate of the High Court.
2. Cases with the certificate of the High Court.

10. State the difference between the Original jurisdiction and the Appellate jurisdiction.

Answer:

• Original Jurisdiction: It means the power to hear and determine a dispute in the first instance; i.e., those cases which cannot be moved in any court other than the Supreme Court.
• Appellate Jurisdiction: It means the power to grant special leave to appeal against the judgement delivered by any court in the country.

Structured Questions

1. The Supreme Court is the apex court in the entire judicial set up in India. In this context answer the following questions:

(a) What is meant by the term Single Integrated Judicial System?

Answer: By the Single Integrated Judicial System we mean that the Supreme Court is the head of the entire system and not only supervises but also exercises control over the functioning of other courts. There are no separate sets of laws and a single civil and criminal system operates throughout the country. All cases coming from the Lower Courts can be taken to the High Court and ultimately to the Supreme Court, by way of appeal.

(b) Mention three kinds of cases which come under appellate jurisdiction of the Supreme Court.

Answer:

• Constitutional Cases: All matters irrespective of the nature, where a certificate is issued by a High Court that it involves an important point of law and needs interpretation of the Constitution, can be brought before the Supreme Court. If the High Court refuses to give a certificate on such a case the Supreme Court can grant special leave of appeal.
• Civil Cases: Appeals in civil matters lie to the Supreme Court, if the High Court certifies:
  • that the case involves a substantial question of law of general importance, and
  • that the question needs to be decided by the Supreme Court.

However, if the High Court refuses to give a certificate, the Supreme Court can grant special leave to appeal in suitable cases.

• Criminal Cases: Two types of appeals in criminal cases lie in the Supreme Court:
  • Cases without the certificate of the High Court.
  • Cases with the certificate of the High Court.

(c) Mention the types of cases that come under Original jurisdiction.

Answer:

• Centre-State or Inter-States Disputes: The Supreme Court has been given exclusive original jurisdiction in any dispute:
  • between the Government of India and one or more States; or
  • between the Government of India and any State or States on one side and one or more States on the other; or
  • between two or more States.

• Protection of Fundamental Rights: The original jurisdiction also extends to cases of violation of the Fundamental Rights of individuals and the court can issue several Writs for the enforcement of these rights. Any individual can approach the Supreme Court in case of violation of a fundamental right.
• Transfer of Cases from Lower Courts: Under Article 139 A, inserted by the 44th Amendment in 1978, the Supreme Court may transfer to itself cases from one or more High Courts, if these involve questions of law or cases are of great importance. The Supreme Court may transfer cases from one High Court to another in the interest of justice.

2. The independence of the judiciary is necessary in a federal democratic set-up. In this context, describe the part played by the following:

(a) Security of Tenure of Office.

Answer: A Judge can remain in office till he/she has attained the age of 65 years. He/She can be removed by the President on the ground of “proved misbehaviour or incapacity.”

(b) Security of Salary and Allowances of the Judges.

Answer: Judges’ salaries, allowances, etc., shall not be changed to their disadvantage during their term of office. The salaries of the Judges cannot be reduced except during periods of financial emergency. Their salaries and allowances are charged on the Consolidated Fund of India and so are not subject to vote of Parliament.

(c) Power to punish for Contempt of itself.

Answer: The Supreme Court can punish for the contempt of court if a person or authority makes an attempt to lower its authority.

3. The Supreme Court has extensive jurisdiction.

(a) What is meant by ‘Appellate Jurisdiction’? Name two types of cases in which an appeal shall lie to the Supreme Court.

Answer: Appellate Jurisdiction means the powers to grant special leave to appeal against the judgement delivered by any court in the country. It is a Court of Appeal which means that it is a court which may change the decision or reduce the sentence passed by the lower courts. The Supreme Court is the final Court of Appeal.

• Constitutional Cases: All matters irrespective of the nature, where a certificate is issued by a High Court that it involves an important point of law and needs interpretation of the Constitution, can be brought before the Supreme Court. If the High Court refuses to give a certificate on such a case the Supreme Court can grant special leave of appeal.
• Criminal Cases: Two types of appeals in criminal cases lie in the Supreme Court:
  • Cases without the certificate of the High Court.
  • Cases with the certificate of the High Court.

(b) What do you understand by advisory functions of the Supreme Court? State the types of cases where the Supreme Court may be required to express its opinion.

Answer: The Supreme Court has advisory jurisdiction (to give its opinion) on any question of law or fact of public importance as may be referred to it for consideration by the President of India. The Supreme Court may be required to express its opinion in two classes of matters, in an advisory capacity:

• Any question of law may be referred to the Supreme Court if the President considers that the question is of public importance and it is necessary to obtain the opinion of the Supreme Court. Such opinion of the Supreme Court is advisory and not binding on the Government nor is it executable as a judgement of the Supreme Court.
• Disputes arising out of pre-Constitution treaties and agreements which are excluded from original jurisdiction by Article 131.

(c) What is meant by Revisory Jurisdiction of the Supreme Court?

Answer: The Supreme Court under Article 137 is empowered to review any judgement or order made by it with a view to removing any mistake or error that might have crept in the judgement or order. This is because the Supreme Court is a court of record and its decisions are of evidentiary value and cannot be questioned in any court.

4. Discuss how the Constitution has ensured that the Supreme Court acts as:

(a) Custodian of the Constitution.

Answer: The Supreme Court is the interpreter of the Constitution and its decision is final. It has the power to review laws passed by the Union or State legislatures. The Supreme Court can declare a law ‘ultra vires’ or null and void, if it is against the letter and spirit of the Constitution or contravenes any provision of the Constitution. This power is referred to as the power of judicial review. The minimum number of Judges to hear and decide a case involving interpretation of the Constitution shall be five.

(b) Guardian of the Fundamental Rights.

Answer: Any citizen whose rights are violated may move the Supreme Court for the enforcement of the rights. The Supreme Court has the power to issue orders or writs, in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of any of the Fundamental Rights. The Constitution prohibits the State from making any law which takes away or abridges the Fundamental Rights. If it does so, the law shall be declared null and void by the Supreme Court.

(c) A Court of Records and its implication.

Answer: A Court of Record is a court whose judgements are recorded for evidence and testimony. The judgements are in the nature of ‘precedents’, i.e., the High Courts and other Courts are bound to give a similar decision in a similar case. They are not to be questioned when they are produced before any subordinate court. 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.

The Court of Record has two implications:

• Its judgements and orders are preserved as record. These can be produced in any court as precedents.
• If a person commits a contempt of court, the court has the authority to punish him. No authority can deprive the court of this right.

5. Supreme Court has many functions to protect the interests of all citizens. In this context, answer the following questions:

(a) What is meant by Judicial Review?

Answer: Judicial Review is the power of the Supreme Court to review laws passed by the Union or State legislatures and declare them null and void, if they go against the provisions of the Constitution.

(b) What is the significance of the power of Judicial Review?

Answer: The Constitution has provided for a balance of powers between the Centre and the States. If the Union government or the State go beyond their limits, the Supreme Court can settle the dispute.

• In a written Constitution a law may be ambiguously worked. The question of interpretation of the Constitution is bound to arise and the Supreme Court only has the power of original jurisdiction.
• The legislature may not possess the wisdom, experience and impartiality which are needed to explain what the law means. This function can be best performed by the Supreme Court.

(c) Mention three ways in which the Constitution ensures the independence of the Judges of the Supreme Court.

Answer:

• Appointment of Judges: Every Judge of the Supreme Court is appointed by the President after consultation with the Cabinet as well as the Judges of the Supreme Court and High Court. Thus, the judiciary and the executive are involved in the appointment of Judges.
• Removal of Judges: The Judges cannot be removed from office by any authority through a normal simple procedure. A judge can be removed by the President only for proved misbehaviour and incapacity. This charge needs to be proved only by a joint address by both Houses of Parliament and supported by a two-thirds majority of members present and voting. The word ‘proved’ is very important. It means that an address can only be presented after an allegation has been thoroughly examined by some impartial tribunal.
• Security of Tenure: A Judge can remain in office till he/she has attained the age of 65 years. He/She can be removed by the President on the ground of “proved misbehaviour or incapacity.”

Picture Study

a. Identify the building in the picture. Where is it located? What is the position of this court in India?

Answer: The building in the picture is the Supreme Court of India. It is located in New Delhi. The Supreme Court of India is the highest judicial authority in the country and the final court of appeal.

b. State three qualifications required to be the judge of this court.

Answer:

• A person must be a citizen of India.
• He/She must have been a judge of a High Court or of two or more such courts in succession for at least five years.
• He/She must have been an advocate of a High Court or of two or more such courts in succession for at least ten years.

c. How does this court maintain the sanctity of the Constitution of India?

Answer: The Supreme Court maintains the sanctity of the Constitution of India by exercising its powers of judicial review, wherein it can declare laws passed by the legislature as null and void if they are found to be unconstitutional. It also acts as the guardian of the Constitution and the protector of Fundamental Rights by ensuring that the actions of the executive and legislature do not infringe upon the rights guaranteed by the Constitution.

Extra/additional MCQs

1. How many judges, including the Chief Justice, did the Supreme Court have after the Supreme Court (Number of Judges) Amendment Act, 2019?

A. 30
B. 31
C. 33
D. 34

Answer: D. 34

Q. Until what age can a Judge of the Supreme Court hold office?

A. 60 years
B. 62 years
C. 65 years
D. 70 years

Answer: C. 65 years

Q. Who appoints the Chief Justice of India?

A. Prime Minister
B. President
C. Vice President
D. Parliament

Answer: B. President

Q. What is required for a Supreme Court judge to be removed from office?

A. An order from the President
B. A two-thirds majority in both Houses of Parliament
C. A recommendation from the Prime Minister
D. A decision by the Chief Justice of India

Answer: B. A two-thirds majority in both Houses of Parliament

Q. What is the minimum experience required as an advocate in a High Court to qualify for appointment as a Judge of the Supreme Court?

A. 5 years
B. 7 years
C. 10 years
D. 12 years

Answer: C. 10 years

Q. What is the term used for the removal procedure of a Supreme Court judge on the grounds of proved misbehaviour or incapacity?

A. Dismissal
B. Impeachment
C. Expulsion
D. Suspension

Answer: B. Impeachment

Q. Who must be consulted by the President when appointing a judge other than the Chief Justice to the Supreme Court?

A. Prime Minister
B. Chief Justice of India
C. Law Minister
D. High Court Chief Justice

Answer: B. Chief Justice of India

Q. Where is the seat of the Supreme Court of India?

A. Mumbai
B. Kolkata
C. Chennai
D. Delhi

Answer: D. Delhi

Q. Which of the following ensures the independence of the judiciary in India?

A. Judges are elected by Parliament
B. Judges’ salaries cannot be reduced except during financial emergencies
C. Judges are appointed by the legislature
D. Judges serve at the pleasure of the President

Answer: B. Judges’ salaries cannot be reduced except during financial emergencies

Q. Who can appoint an ad hoc judge to the Supreme Court?

A. Parliament
B. Prime Minister
C. Chief Justice of India
D. President

Answer: C. Chief Justice of India

Q. How many High Courts are there under the Supreme Court in the Indian judiciary system?

A. 18
B. 20
C. 24
D. 25

Answer: D. 25

Q. Which Article of the Indian Constitution deals with the appointment of Supreme Court judges?

A. Article 124
B. Article 217
C. Article 142
D. Article 356

Answer: A. Article 124

Q. Who can request the attendance of retired judges in the Supreme Court?

A. President
B. Prime Minister
C. Chief Justice of India
D. Parliament

Answer: C. Chief Justice of India

Q. In what year did the first-ever motion to impeach a judge of the Supreme Court take place in India?

A. 1985
B. 1990
C. 1993
D. 1996

Answer: C. 1993

Q. Which article allows the Supreme Court to transfer cases from one High Court to another?

A. Article 124
B. Article 139A
C. Article 226
D. Article 352

Answer: B. Article 139A

Q. What type of jurisdiction allows the Supreme Court to hear cases involving disputes between states?

A. Appellate jurisdiction
B. Revisory jurisdiction
C. Original jurisdiction
D. Advisory jurisdiction

Answer: C. Original jurisdiction

Q. In which year was Article 139A inserted into the Indian Constitution?

A. 1975
B. 1978
C. 1980
D. 1985

Answer: B. 1978

Q. Which of the following is not covered under the Supreme Court’s original jurisdiction?

A. Centre-State disputes
B. Inter-State water disputes
C. Fundamental rights violations
D. Interpretation of the Constitution

Answer: B. Inter-State water disputes

Q. What is required for a criminal case to be appealed to the Supreme Court without a High Court’s certificate?

A. The case involves a death sentence
B. The case is a civil matter
C. The case involves only fines
D. The case has been previously reviewed by the Supreme Court

Answer: A. The case involves a death sentence

Q. Which article grants the Supreme Court the power of judicial review?

A. Article 124
B. Article 226
C. Article 137
D. Article 131

Answer: C. Article 137

Q. What is the minimum number of judges required to hear a case involving the interpretation of the Constitution?

A. Three
B. Five
C. Seven
D. Nine

Answer: B. Five

Q. Which amendment inserted Article 139A into the Indian Constitution?

A. 42nd Amendment
B. 44th Amendment
C. 52nd Amendment
D. 61st Amendment

Answer: B. 44th Amendment

Q. What power allows the Supreme Court to declare a law ‘ultra vires’ or null and void?

A. Revisory jurisdiction
B. Advisory jurisdiction
C. Original jurisdiction
D. Judicial review

Answer: D. Judicial review

Q. Which court has the original jurisdiction to settle disputes between the Central government and the States?

A. High Court
B. Supreme Court
C. District Court
D. Tribunal

Answer: B. Supreme Court

Q. What type of jurisdiction allows the Supreme Court to enforce Fundamental Rights?

A. Advisory Jurisdiction
B. Original Jurisdiction
C. Appellate Jurisdiction
D. Special Jurisdiction

Answer: B. Original Jurisdiction

Q. Under which Article of the Constitution can the Supreme Court allow special leave to appeal against the judgment of any court in India?

A. Article 226
B. Article 32
C. Article 136
D. Article 124

Answer: C. Article 136

Q. Which writ is issued by the Supreme Court or High Court to release a person who has been unlawfully detained?

A. Mandamus
B. Habeas Corpus
C. Certiorari
D. Quo-warranto

Answer: B. Habeas Corpus

Q. What does the Writ of Prohibition aim to do?

A. Order the release of an unlawfully detained person
B. Command an authority to perform a duty
C. Stop proceedings in a lower court
D. Invalidate an order of a lower court

Answer: C. Stop proceedings in a lower court

Q. What does the term “Court of Record” imply regarding the Supreme Court of India?

A. It can only hear cases involving criminal law
B. It preserves judgments as records and precedents
C. It has no power to punish for contempt
D. It can only hear appeals from lower courts

Answer: B. It preserves judgments as records and precedents

Q. Which writ prevents a person from wrongfully holding a public office?

A. Habeas Corpus
B. Mandamus
C. Certiorari
D. Quo-warranto

Answer: D. Quo-warranto

Q. What function does the Supreme Court fulfill when it quashes the decision of a tribunal that has exceeded its jurisdiction?

A. Judicial Review
B. Advisory Jurisdiction
C. Appellate Jurisdiction
D. Original Jurisdiction

Answer: A. Judicial Review

Q. What is the primary function of the Supreme Court under its appellate jurisdiction?

A. To issue writs
B. To hear cases first-hand
C. To review decisions made by lower courts
D. To provide advisory opinions

Answer: C. To review decisions made by lower courts

Q. Who can move the Supreme Court for the enforcement of Fundamental Rights?

A. Any citizen
B. Any judge
C. The President
D. The Prime Minister

Answer: A. Any citizen

Q. What is the nature of writs that the Supreme Court can issue for the enforcement of Fundamental Rights?

A. Habeas corpus
B. Mandamus
C. Quo warranto
D. All of the above

Answer: D. All of the above

Q. What happens if the State makes a law that takes away or abridges Fundamental Rights?

A. The law is upheld
B. The law is modified
C. The law is declared null and void
D. The law is sent back to Parliament

Answer: C. The law is declared null and void

Q. Who has the authority to make appointments of officers and staff of the Supreme Court?

A. The President
B. The Prime Minister
C. The Chief Justice of India
D. The Parliament

Answer: C. The Chief Justice of India

Q. What must a judgement determine in a court proceeding?

A. The rights of the parties
B. The punishment for the crime
C. The legal fees
D. The date of the next hearing

Answer: A. The rights of the parties

Q. What is the term for an order having the force of law?

A. Affidavit
B. Decree
C. Judgement
D. Writ

Answer: B. Decree

Q. What is the punishment for disrespecting the dignity or authority of a Court called?

A. Impeachment
B. Affidavit
C. Contempt of Court
D. Judicial Review

Answer: C. Contempt of Court

Q. Who is responsible for appointing the judges of the Supreme Court?

A. The Prime Minister
B. The Chief Justice of India
C. The President
D. The Parliament

Answer: C. The President

Q. Until what age can a judge of the Supreme Court hold office?

A. 60 years
B. 62 years
C. 65 years
D. 70 years

Answer: C. 65 years

Q. How long must one have been a High Court Judge or an advocate of the High Court to be eligible for appointment as a Supreme Court judge?

A. 3 years
B. 5 years
C. 7 years
D. 10 years

Answer: B. 5 years (as a judge) or D. 10 years (as an advocate)

Q. What does the Supreme Court’s original jurisdiction include?

A. Disputes between private parties
B. Disputes between the Union and the States
C. Criminal cases
D. None of the above

Answer: B. Disputes between the Union and the States

Q. Under which jurisdiction does the Supreme Court grant special leave to appeal against a judgement delivered by any court in the country?

A. Original Jurisdiction
B. Appellate Jurisdiction
C. Revisory Jurisdiction
D. Advisory Jurisdiction

Answer: B. Appellate Jurisdiction

Q. What is the Supreme Court’s power to review its own judgement or order called?

A. Appellate Jurisdiction
B. Judicial Review
C. Revisory Jurisdiction
D. Advisory Jurisdiction

Answer: C. Revisory Jurisdiction

Q. What is the term for the Supreme Court’s power to declare a law ‘ultra vires’ or null and void?

A. Revisory Jurisdiction
B. Judicial Review
C. Appellate Jurisdiction
D. Original Jurisdiction

Answer: B. Judicial Review

Q. What title is given to the Supreme Court as the final interpreter of the Constitution?

A. Guardian of the Constitution
B. Protector of Law
C. Chief Judicial Authority
D. Final Court of Appeal

Answer: A. Guardian of the Constitution

Q. What simplified legal procedure allows a person to register a Public Interest Litigation (PIL)?

A. Filing a formal lawsuit
B. Appealing to the Parliament
C. Writing a postcard or application stating the complaint
D. Contacting the police

Answer: C. Writing a postcard or application stating the complaint

49. Who must the Chief Justice of India consult before recommending the transfer of High Court judges?

A. The Prime Minister
B. The President
C. Four seniormost judges of the Supreme Court
D. The Attorney General

Answer: C. Four seniormost judges of the Supreme Court

Extra/additional questions and answers

1. What is the apex court in India’s judiciary system?

Answer: The Supreme Court.

Q. How many judges, including the Chief Justice, can the Supreme Court have after the 2019 amendment?

Answer: 34 judges.

Q. What is the minimum age of retirement for a Supreme Court judge?

Answer: 65 years.

Q. Who appoints the judges of the Supreme Court?

Answer: The President of India.

Q. How can a Supreme Court judge be removed from office?

Answer: By impeachment.

Q. Where is the seat of the Supreme Court?

Answer: Delhi.

Q. Which Act increased the number of Supreme Court judges to 33 excluding the Chief Justice?

Answer: The Supreme Court (Number of Judges) Amendment Act, 2019.

Q. Who is consulted when appointing a Supreme Court judge?

Answer: The Chief Justice of India.

Q. What is forbidden for judges after retirement?

Answer: Practising law.

Q. What is required for the removal of a Supreme Court judge?

Answer: A two-thirds majority in both Houses of Parliament.

Q. What power does the Supreme Court have to ensure its authority is not undermined?

Answer: Punishment for contempt of court.

Q. Can Parliament discuss the conduct of a judge in normal proceedings?

Answer: No, it can only be discussed when there is a motion for removal.

Q. What is jurisdiction?

Answer: Jurisdiction is the power that a court of law exercises to carry out judgments and enforce laws.

Q. What is original jurisdiction?

Answer: Original jurisdiction is the power to hear and determine a dispute in the first instance.

Q. What type of disputes fall under the Supreme Court’s exclusive original jurisdiction?

Answer: Disputes between the Government of India and one or more States, or between two or more States.

Q. Under what article can the Supreme Court transfer cases from lower courts?

Answer: Article 139 A.

Q. What does appellate jurisdiction mean?

Answer: Appellate jurisdiction is the power to grant special leave to appeal against judgments delivered by any court in the country.

Q. What is the final Court of Appeal in India?

Answer: The Supreme Court is the final Court of Appeal.

Q. What types of cases does the appellate jurisdiction of the Supreme Court extend to?

Answer: Constitutional, civil, and criminal cases.

Q. What must a High Court certify for a civil case to be appealed to the Supreme Court?

Answer: That the case involves a substantial question of law of general importance.

Q. When is a High Court certificate not required for a criminal appeal to the Supreme Court?

Answer: When the High Court has reversed a judgment of acquittal and sentenced the accused to death.

Q. What is advisory jurisdiction?

Answer: Advisory jurisdiction allows the Supreme Court to give its opinion on any question of law or fact referred to it by the President of India.

Q. Under which Article can the Supreme Court review its own judgments?

Answer: Article 137.

Q. What does the power of judicial review allow the Supreme Court to do?

Answer: It allows the Supreme Court to review laws passed by the Union or State legislatures and declare them null and void if they contravene the Constitution.

Q. How many judges are required to decide a case involving the interpretation of the Constitution?

Answer: A minimum of five judges.

Q. What was the Banking Companies Act of 1969 related to?

Answer: The nationalisation of 14 banks.

Q. What happens if a law is declared ‘ultra vires’ by the Supreme Court?

Answer: It becomes null and void.

Q. Who can refer a question of public importance to the Supreme Court for advisory opinion?

Answer: The President of India.

Q. What is the nature of the Supreme Court’s advisory opinion?

Answer: It is not binding on the Government.

Q. What are disputes arising out of pre-Constitution treaties excluded from?

Answer: They are excluded from original jurisdiction by Article 131.

Q. What is a Court of Record?

Answer: A court whose judgements are recorded for evidence and testimony.

Q. What does the writ of Habeas Corpus ensure?

Answer: It ensures the release of a person unlawfully detained.

Q. What is the meaning of the writ Mandamus?

Answer: It means “we order” and is a command from a superior court to perform a duty.

Q. What does the writ of Prohibition do?

Answer: It stops proceedings in a lower court that exceed its jurisdiction.

Q. When is the writ of Certiorari issued?

Answer: After a lower court has passed an order.

Q. What does the writ of Quo-warranto prevent?

Answer: It prevents a person from holding a public office wrongfully.

Q. What jurisdiction does the Supreme Court have in disputes between states?

Answer: Original jurisdiction.

Q. Under what article does the Supreme Court have the power of Appeal by Special Leave?

Answer: Article 136.

Q. What kind of cases involve Appeal by Special Leave in civil matters?

Answer: Cases involving a question of law or general public interest.

Q. Who appoints the officers and staff of the Supreme Court?

Answer: The Chief Justice of India.

Q. What must a judgement determine in a court proceeding?

Answer: The rights of the parties involved.

Q. What is an Affidavit?

Answer: A written statement made under oath.

Q. What does Contempt of Court involve?

Answer: Disrespect for the dignity or authority of a court.

Q. What does the Rule of Law imply?

Answer: Supremacy of law, ensuring no person suffers except for a breach of law.

Q. What is the role of a Jurist?

Answer: A legal scholar who analyses and comments on law.

Q. What is meant by a single integrated judicial system in India?

Answer: A single integrated judicial system in India means that there is one unified system of courts that is headed by the Supreme Court, which supervises and controls all other courts in the country. It also implies that there is a single set of laws, both civil and criminal, applicable throughout the country, and all cases can be appealed up to the Supreme Court from lower courts.

Q. What are the qualifications required for appointment as a judge of the Supreme Court?

Answer: The qualifications for appointment as a judge of the Supreme Court include being a citizen of India and having at least five years of experience as a judge of a High Court or of two or more such courts in succession, or being an advocate of a High Court for at least ten years, or being a distinguished jurist in the opinion of the President.

Q. How is the independence of the judiciary maintained in India?

Answer: The independence of the judiciary in India is maintained through several mechanisms, including the security of tenure of judges, the security of their salaries and service conditions, the freedom to announce decisions without fear, protection from public or press criticism, and the prohibition of practice after retirement. Additionally, judges are appointed by the President in consultation with senior judges, and they can only be removed by impeachment.

Q. What is the procedure for the removal of a Supreme Court judge?

Answer: A Supreme Court judge in India can only be removed from office by the President, and that too only on the grounds of proved misbehaviour or incapacity. This procedure requires an address by both Houses of Parliament, supported by a majority of the total membership of each House and by at least two-thirds of the members present and voting.

Q. What is the Supreme Court’s role in Centre-State or Inter-State disputes under its original jurisdiction?

Answer: The Supreme Court has exclusive original jurisdiction in disputes between the Government of India and one or more States, or between two or more States. However, this jurisdiction does not extend to disputes arising from treaties or agreements, inter-State water disputes, matters referred to the Finance Commission, or the adjustment of certain expenses and pensions between the Union and the States.

Q. How does the Supreme Court protect Fundamental Rights under its original jurisdiction?

Answer: The Supreme Court’s original jurisdiction extends to cases involving the violation of Fundamental Rights. In such cases, the court can issue various writs, such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari, for the enforcement of these rights. Any individual can directly approach the Supreme Court if their fundamental rights are violated.

Q. What is the process for transferring cases to the Supreme Court under Article 139 A?

Answer: Under Article 139 A, the Supreme Court has the authority to transfer cases to itself from one or more High Courts if these cases involve questions of law or are of great importance. Additionally, the Supreme Court may transfer cases from one High Court to another in the interest of justice.

Q. What does the appellate jurisdiction of the Supreme Court include?

Answer: The appellate jurisdiction of the Supreme Court includes the power to hear appeals from any judgment or final order of a High Court in India. This jurisdiction extends to cases involving Constitutional matters, civil matters where a substantial question of law is involved, and criminal cases, particularly those where the High Court has reversed an acquittal or imposed a death sentence.

Q. What is the significance of the Supreme Court’s revisory jurisdiction under Article 137?

Answer: The revisory jurisdiction under Article 137 empowers the Supreme Court to review any of its judgments or orders to correct any mistakes or errors. This power is essential because the Supreme Court is a court of record, meaning its decisions are of evidentiary value and cannot be questioned in any other court. By allowing the Supreme Court to revisit its decisions, this jurisdiction helps maintain the accuracy and fairness of the judicial process.

Q. What does the judicial review power of the Supreme Court entail?

Answer: The judicial review power of the Supreme Court entails its authority to interpret the Constitution and declare laws passed by the Union or State legislatures as ‘ultra vires’ or null and void if they contravene the Constitution. This power ensures that all laws and executive actions comply with the provisions of the Constitution, safeguarding the fundamental principles of the legal system. It also helps maintain the balance of power between the Centre and the States.

Q. In what instances did the Supreme Court use its judicial review power to declare Acts of Parliament null and void?

Answer: The Supreme Court used its judicial review power in 1970 to declare the Presidential order concerning the derecognition of former princes and the Banking Companies Act of 1969, which nationalised 14 banks, as null and void. Another instance occurred in August 1999, when the Supreme Court ruled that ‘merit’ should be the sole criterion for admissions to postgraduate and other higher courses in medicine and engineering, reinforcing its role in ensuring laws align with constitutional principles.

Q. What are the implications of the Supreme Court being a Court of Record?

Answer: The Supreme Court being a Court of Record has two main implications. First, its judgements and orders are preserved as records, which can be produced in any court as precedents. This means that lower courts are bound to follow the decisions of the Supreme Court in similar cases. Second, if a person commits contempt of court, the Supreme Court has the authority to punish them. No authority can deprive the court of this right, ensuring the dignity and authority of the court are upheld.

Q. What is the significance of the writ of Habeas Corpus?

Answer: The writ of Habeas Corpus is a significant legal instrument that protects the personal freedom of citizens. It ensures that if a person is unlawfully detained by an individual, group, or the State, the court can intervene to secure their release. This writ acts as a safeguard against arbitrary detention and ensures that the legal process is followed, upholding the rights and liberties of individuals in the country.

Q. What is the process and purpose of the writ of Mandamus?

Answer: The writ of Mandamus is a command issued by a superior court to a lower court or administrative authority, directing them to perform a duty they are legally obligated to perform. The purpose of this writ is to ensure that public officials fulfill their responsibilities and do not neglect their duties. It is used to compel the performance of an act that falls within the jurisdiction of the authority but has not been carried out, thereby upholding the rule of law.

Q. How does the writ of Certiorari differ from the writ of Prohibition?

Answer: The writ of Certiorari and the writ of Prohibition, though similar, differ in their timing and application. The writ of Prohibition is issued by a superior court to stop proceedings in a lower court when the lower court is acting beyond its jurisdiction. In contrast, the writ of Certiorari is issued after a lower court has already passed an order, and it is used to review the legality and correctness of that order. Essentially, Prohibition is preventive, while Certiorari is corrective.

Q. What is the scope of the Supreme Court’s original jurisdiction?

Answer: The Supreme Court’s original jurisdiction covers several areas. Primarily, it has the authority to settle disputes between the Central government and one or more states or Union Territories, as well as disputes between different states and Union Territories. Additionally, the Supreme Court has original jurisdiction in cases involving the enforcement of Fundamental Rights, transfer of cases from High Courts, and interpretation of the Constitution. This jurisdiction ensures that the Supreme Court can act as the final arbiter in matters of significant national importance.

Q. What are the main functions and jurisdictions of the Supreme Court of India?

Answer: The Supreme Court of India has several key functions and jurisdictions:

• Original Jurisdiction: It settles disputes between the Union and the States, and between different States.
• Appellate Jurisdiction: It hears appeals against the judgments of lower courts, particularly in cases involving substantial questions of law.
• Advisory Jurisdiction: The President can seek the Court’s advice on important legal questions.
• Revisory Jurisdiction: The Court can review its own judgments or orders.
• Judicial Review: It reviews the constitutionality of laws and acts passed by the executive or legislature.
• Court of Record: Its decisions are preserved as precedents and can be referred to in future cases.
• Enforcement of Fundamental Rights: It protects the fundamental rights of citizens by issuing writs.

Q. How is the independence of the judiciary ensured through the security of salaries and service conditions?

Answer: The independence of the judiciary in India is supported by the security of salaries and service conditions of judges. The Constitution ensures that the salaries, allowances, and pensions of judges cannot be reduced to their disadvantage during their term of office. These financial provisions are charged on the Consolidated Fund of India, which means they are not subject to vote in Parliament, thereby insulating judges from political or financial pressures. Additionally, judges are assured of handsome pensions upon retirement, but they are prohibited from practising law thereafter, ensuring they remain impartial and independent during their tenure.

Q. What is the significance of the Supreme Court being a Court of Record?

Answer: The Supreme Court of India being a Court of Record means that its decisions are preserved as legal precedents, which are binding on all lower courts in the country. This status allows the Supreme Court to maintain a consistent legal framework across the judicial system. Additionally, as a Court of Record, the Supreme Court has the authority to punish for contempt of court, ensuring its decisions are respected and followed. This role reinforces the Court’s position as the final arbiter of the law and a key pillar in upholding the rule of law in India.

Q. What are the key features of the Supreme Court’s original jurisdiction?

Answer: The Supreme Court’s original jurisdiction includes the power to hear and determine disputes in the first instance. This jurisdiction covers:

• Disputes between the Government of India and one or more States.
• Disputes between the Government of India and any State or States on one side and one or more States on the other.
• Disputes between two or more States. This original jurisdiction does not extend to disputes arising out of treaties, agreements in operation, inter-State water disputes, matters referred to the Finance Commission, and adjustments of certain expenses and pensions between the Union and the States.

Q. What is the scope of the Supreme Court’s appellate jurisdiction in criminal cases?

Answer: The Supreme Court’s appellate jurisdiction in criminal cases includes:

• Cases where the High Court has reversed a judgment of acquittal given by a lower court and imposed a death sentence.
• Cases where the High Court has withdrawn a case from a subordinate court and sentenced the accused to death. For other criminal cases, a High Court certificate is required, stating that the case involves a substantial point of law and the interpretation of the Constitution. The Supreme Court can grant special leave to appeal in suitable cases, even if the High Court does not issue a certificate.

Q. What is the role of the Supreme Court in the interpretation of the Constitution?

Answer: The Supreme Court plays a crucial role in the interpretation of the Constitution under its original jurisdiction. Cases that require the interpretation of the Constitution can be directly filed in the Supreme Court. The Court has exclusive jurisdiction in questions regarding the Constitutional validity of central laws. This authority makes the Supreme Court the final interpreter of the Constitution, ensuring that all laws and government actions comply with the Constitutional framework.

Q. Explain the advisory jurisdiction of the Supreme Court and the conditions under which it is invoked.

Answer: The advisory jurisdiction of the Supreme Court allows it to provide opinions on any question of law or fact that is of public importance. This jurisdiction is invoked when the President of India refers such a question to the Court. The advisory opinion is sought in two main scenarios: first, when the President considers a legal question to be of public importance and requires the Court’s opinion; second, in disputes arising out of pre-Constitution treaties and agreements that are excluded from the Supreme Court’s original jurisdiction under Article 131. It is important to note that the Supreme Court’s opinion in these cases is purely advisory and not binding on the government, nor can it be executed as a judgment.

Q. What is the role of the Supreme Court in judicial review, and why is it significant?

Answer: The Supreme Court plays a crucial role in judicial review as the interpreter of the Constitution. This role allows the Court to review laws passed by the Union or State legislatures and declare them ‘ultra vires’ or null and void if they violate the Constitution’s provisions. Judicial review is significant because it ensures that all legislation and executive actions are in compliance with the Constitution, thus upholding the rule of law and protecting citizens’ rights. This power acts as a check on the legislative and executive branches, preventing them from overstepping their constitutional limits. Through judicial review, the Supreme Court maintains the balance of power between the Centre and the States and ensures that the Constitution remains the supreme law of the land.

Q. What is revisory jurisdiction, and how does it enhance the Supreme Court’s role as a court of record?

Answer: Revisory jurisdiction refers to the Supreme Court’s authority under Article 137 to review and potentially alter its previous judgments or orders to correct any mistakes or errors. This power is crucial because the Supreme Court, as a court of record, produces judgments that serve as precedents and are of evidentiary value in subsequent cases. By having the ability to revise its decisions, the Court ensures the accuracy and fairness of its rulings, reinforcing its credibility and the integrity of the judicial process. Revisory jurisdiction thus enhances the Supreme Court’s role by allowing it to uphold the rule of law and maintain public confidence in the judiciary.

Q. What is the process and significance of Appeal by Special Leave under Article 136 of the Constitution?

Answer: Appeal by Special Leave under Article 136 of the Constitution grants the Supreme Court a unique and extraordinary power. This power allows the Court to permit an appeal against the judgement or order of any court or tribunal in India. This provision is significant because it provides a final opportunity for justice in exceptional circumstances where a gross miscarriage of justice is evident, or where the legal issues involved are of great public importance. The Supreme Court has laid down strict guidelines for the exercise of this power, ensuring it is used sparingly and only in cases where a substantial question of law or significant injustice is involved. In civil cases, special leave is granted when a question of law or public interest is involved, while in criminal cases, it is granted only under exceptional circumstances, such as when grave injustice has been done. This mechanism reinforces the Supreme Court’s role as the ultimate guardian of legal rights in India.

Q. What are the administrative and supervisory functions of the Supreme Court of India?

Answer: The administrative and supervisory functions of the Supreme Court of India are crucial for maintaining the efficiency and integrity of the judicial system. These functions include the appointment of officers and staff of the Supreme Court, which is done by the Chief Justice of India or another judge as directed by the Chief Justice. The Supreme Court also formulates rules regarding the conduct of advocates and other individuals appearing before it, ensuring that proceedings are carried out with professionalism and decorum. Additionally, the Court sets the fees for various legal proceedings, maintaining a standardized process across the board. These administrative functions are essential for the smooth operation of the judiciary, ensuring that it functions independently and effectively.

73. What is the role of the Supreme Court in the enforcement of Fundamental Rights?

Answer: The Supreme Court of India plays a pivotal role in the enforcement of Fundamental Rights, as guaranteed by the Constitution. Any citizen whose rights are violated can approach the Supreme Court for redressal. The Court has the authority to issue various types of writs, such as Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari, to enforce these rights. This power is significant because it ensures that the Fundamental Rights of individuals are protected against any violation by the State or other entities. The Constitution explicitly prohibits the State from making any law that abridges these rights, and if such a law is enacted, the Supreme Court has the power to declare it null and void. This function of the Supreme Court upholds the rule of law and ensures that the rights of citizens are safeguarded.