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Section A — Chapter 4

The Union Judiciary: The Supreme Court

Class 10 - APC Modern History & Civics Solutions

Multiple Choice Questions

Question 1

The Supreme Court consists of the Chief Justice of India and not more than ................... other Judges.

  1. Twenty-five
  2. Thirty
  3. Thirty-three
  4. Thirty-five

Answer

Thirty-three.

Question 2

Who among the following need not be consulted by the President while appointing a Judge of the Supreme Court other than the Chief Justice of India.

  1. Such Judges of the Supreme Court, as the president might deem necessary.
  2. Such Judges of the High Courts as the President might deem necessary.
  3. The Union Minister of Law.

Answer

The Union Minister of Law.

Question 3

A Judge of the Supreme Court retires on attaining the age of:

  1. Sixty years
  2. Sixty-two years
  3. Sixty-three years
  4. Sixty-five years

Answer

Sixty-five years.

Question 4

The Writ of Habeas Corpus:

  1. Provides remedy to one who is unlawfully held in prison or in police custody
  2. Compels an inferior Court or an individual to perform his/her duty
  3. Prevents an inferior Court from exercising powers with which it is not legally vested.
  4. Requires a Lower Court to hand over the record of a particular case to the higher court.

Answer

Provides remedy to one who is unlawfully held in prison or in police custody.

Question 5

Which among the following is not a Correct Statement about Advisory Jurisdiction of the Supreme Court?

  1. The President may obtain the Opinion of the Supreme Court on a question of law or fact, which is of public importance.
  2. The Supreme Court may report its opinion after such hearings as it thinks fit.
  3. Opinion of the Supreme Court under Advisory Jurisdiction shall be binding on the President.
  4. In the past the President had to seek Supreme Court's Opinion on several matters.

Answer

Opinion of the Supreme Court under Advisory Jurisdiction shall be binding on the President.

Question 6

The purpose of the Writ Mandamus is:

  1. To compel an inferior court or an individual to perform their duty.
  2. To provide relief to some person who is unlawfully held in prison.
  3. To ask a person under what authority he/she holds some public office.
  4. To direct the Inferior Court to keep within the limits of its Jurisdiction.

Answer

To compel an Inferior Court or an individual to perform their duty.

Question 7

The power of the Supreme Court to review laws passed by Union Legislature falls under:

  1. Revisory Jurisdiction
  2. Advisory Jurisdiction
  3. Original Jurisdiction
  4. Judicial Review

Answer

Judicial Review

Short Answer Questions

Question 1

Name the highest judicial body in India.

Answer

The Supreme Court is the highest judicial body in India.

Question 2

What is the necessity of a Supreme Court in a Federal State?

Answer

The necessity of a Supreme Court in a Federal State is as follows-

  1. The Supreme Court in a federal system has to interpret the Constitution.
  2. The Supreme Court and the High Courts protect the Fundamental Rights.
  3. The Supreme Court gives a new meaning to the Constitution to meet the new situations.

Question 3

How can the number of Judges of the Supreme Court be increased?
Or
Who determines the strength of the Supreme Court?

Answer

The Parliament may by law prescribe a larger number of judges to increase the number of Judges of the Supreme Court.

Question 4

Who appoints the Chief Justice and other Judges of the Supreme Court?

Answer

Every Judge of the Supreme Court is appointed by the President after consultations with some of the Judges of the Supreme Court and of High Courts as the President might deem necessary.

Question 5

Mention any two qualifications that have been laid down for a Judge of the Supreme Court.

Answer

A Judge of the Supreme Court must be a citizen of India, and

  1. must have been for at least five years a Judge of a High Court or of two or more such Courts or
  2. an advocate of a High Court or of two or more such Courts for at least ten years

Question 6

What is the term of office of a Judge of the Supreme Court?

Answer

Once appointed, a judge of the Supreme Court retires on attaining the age of 65 years.

Question 7

Mention the ground on which a Judge of the Supreme Court can be removed.

Answer

A judge may be removed from his office by the President on the ground of proved misbehaviour or incapacity.

Question 8

What procedure has been laid down for the removal of a Judge of the Supreme Court?

Answer

A Judge of the Supreme Court cannot be removed from office except by an order of the President on the ground of proved misbehaviour or incapacity. This charge needs to be proved only by a joint address by both houses of Parliament and supported by a two-third majority of members present and voting. The word 'proved' is very important. It means that an allegation has been thoroughly examined by some impartial tribunal.

Question 9

By whom are the salaries and other emoluments of Judges of Supreme Court determined?

Answer

The salaries and other emoluments of the Judges of Supreme Court are decided by the President of India according to Article 125 of the Constitution of India. The salaries of judges cannot be reduced except during the period of financial emergency. Their salaries and allowances are charged to the Consolidated Fund of India and so are not subject to vote of Parliament.

Question 10

Under what circumstances can the salaries and allowances of the Judges of the Supreme Court be reduced?

Answer

The salaries of the Judges cannot be reduced except during periods of financial emergency.

Question 11

Mention two ways in which the Constitution ensures the Independence and Impartiality of the Judges of the Supreme Court.

Answer

Two ways in which the Constitution ensures the independence and impartiality of the Judges of the Supreme Court are-

  1. Judges' salaries, allowances, etc. shall not be varied to their disadvantage during their term of office. Moreover, they are charged on the Consolidated Fund of India and are not subject to Vote of Parliament.
  2. No discussion shall take place in Parliament with respect to the conduct of any Judge in the discharge of his duties, except when a motion for his removal is under consideration.

Question 12

What is meant by the term 'Jurisdiction' of a Court?

Answer

The term 'Jurisdiction' of a Court is the power that a court of law exercises to carry out judgement, to interpret laws and to settle disputes.

Question 13

Mention two types of cases regarding which the Supreme Court exercises Original Jurisdiction.
Or
Mention two such disputes regarding which the Supreme Court has Exclusive Jurisdiction.

Answer

The Supreme Court in its original jurisdiction entertains suits in the following cases:

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

Question 14

What is meant by 'Appellate Jurisdiction'?

Answer

A Court of Appeal is one which may change the decision or reduce the sentence passed by the lower courts. The Supreme Court is the final Court of Appeal. An appeal lies to the Supreme Court from any judgement or final order of a High Court in India.

Question 15

Name two types of cases in which an Appeal shall lie to the Supreme Court.

Answer

Two types of cases in which an Appeal shall lie to the Supreme Court are-

  1. Constitutional cases
  2. Civil cases

Question 16

Mention appellate jurisdiction of the Supreme Court in regard to civil matters.

Answer

Appeals in civil matters lie to the Supreme Court, if the High Court certifies:

  1. that the case involves a substantial question of law of general importance
  2. that the question needs to be decided by the Supreme Court.

There is no bar on Supreme Court's power to grant special leave to appeal in suitable cases.

Question 17

Mention appellate jurisdiction of the Supreme Court in regard to criminal matters.

Answer

There are two ways in which an appeal in criminal matters may be brought before the Supreme Court.

  1. Without a Certificate of the High Court — An appeal lies to the Supreme Court:
    (a) if the Sessions Judge has acquitted the accused but the High Court, on an appeal from the Government, reverses the decision of acquittal and sentences the accused to death, and
    (b) if the High Court has withdrawn any case from a subordinate court and has convicted the accused and sentenced him to death.
  2. With a Certificate of the High Court — An appeal lies to the Supreme Court if the High Court certifies that the case is a fit one for appeal to the Supreme Court.

Question 18

What is meant by 'Special Leave to Appeal' by the Supreme Court?

Answer

The Supreme Court may grant Special Leave to Appeal in any matter, except against an order of a court relating to the Armed Forces. The aggrieved party may apply for special leave in civil cases, in criminal cases, in income-tax cases and in cases which come up before tribunals.

Question 19

What is meant by the Advisory function of the Supreme Court?
Or
If the President of India considers that a question of law or fact should be referred to the Supreme Court, under which jurisdiction may the Supreme Court report its opinion to the President?

Answer

The President may obtain the opinion of the Supreme Court on a question of law or fact, which is of public importance. Questions must be specific and not general or vague.

This is the advisory jurisdiction of the Supreme Court.

Question 20

In what way is the Supreme Court protector (guardian) of the Fundamental Rights?
Or
Name any one writ issued by the Supreme Court to enforce Fundamental Rights.

Answer

The Supreme Court has 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.

Question 21

What is meant by the term 'Writ'?

Answer

A Writ is a "legal instrument to enforce obedience to the orders of a Court."

Question 22

Name the Courts which are competent to issue Writs for the enforcement of Fundamental Rights.

Answer

The Supreme Court and the High Courts are competent to issue Writs for the enforcement of Fundamental Rights.

Question 23

What is the scope or purpose of the Writ of Habeas Corpus?

Answer

Habeas Corpus provides a remedy for a person who has been unlawfully held in prison or in police custody. The Writ can also be issued where a person has been detained by a private individual.

The Supreme Court and the High Courts command the detaining authority to bring the prisoner into Court to explain why he is being held. If the cause is insufficient, the prisoner is at once unconditionally released.

Question 24

What is the purpose of the Writ of Mandamus?

Answer

The purpose of the Writ of Mandamus is to compel an inferior court or an individual to perform their duty. The duty must be imposed by the Constitution or some law. 'Mandamus' will not lie against a private individual or organisation unless they are entrusted with a public duty.

Question 25

What is the purpose of the Writ of Quo Warranto?

Answer

Writ of Quo Warranto is directed against a person who has wrongfully usurped an office. The office must be a 'public office' or an office of public nature.

The Writ calls upon the person to show under what authority he holds the office. If the court decides that the person concerned is holding that office illegally, it may declare the office to be vacant.

Question 26

What is meant by 'Review of Judgements' by the Supreme Court?
Or
What is meant by Revisory Jurisdiction of the Supreme Court?

Answer

Review of Judgements means that the Supreme Court has power to review any judgement pronounced by it. This provision shows that human judgement is fallible, i.e., the Court is also capable of making mistakes. It may, therefore, correct something that was misjudged.

Question 27

What do we mean when we say that the Supreme Court is a Court of Record?

Answer

The Supreme Court is a Court of Record because of the following reasons-

  1. A Court of Record is one whose judgements are recorded for evidence and testimony. They are not to be questioned when they are produced before any court. The judgements are in the nature of 'precedents', i.e., the High Court and other Courts are bound to give a similar decision in a similar case.
  2. A Court of Record has the power to punish contempt of itself.

Question 28

What is meant by 'Judicial Review'?

Answer

Judicial Review may be defined as the power of the Supreme Court to examine the laws passed by the Legislature and the orders issued by the Executive officials to find whether or not they are permitted by the Constitution. If the Court finds that a law or an order of the Executive does something that is forbidden by the Constitution, it declares them null and void.

Question 29

Why is the Supreme Court known as Guardian and Final Interpreter of the Constitution?
Or
With whom does the final power rest to interpret the Constitution?

Answer

If the Supreme Court finds that a law or an order of the Executive does something that is forbidden by the Constitution, it declares them null and void. The final say as to what the Constitution means rests with the Supreme Court. That is why the Supreme Court is known as "the Guardian and Final Interpreter of the Constitution."

Question 30

Give any one reason why the power of Judicial Review has utility (or significance).

Answer

The power of Judicial Review has its utility because of three reasons:

  1. Ours is a written Constitution.
  2. The Constitution has provided limited powers to the Centre and the States.
  3. The legislature does not possess the ability and impartiality which are needed to explain what the law means.

Structured Questions

Question 1

With reference to the composition and organisation of the Supreme Court, explain the following:

(a) Manner of Appointment of the Judges
Or
Who appoints the judges of the Supreme Court? What procedure needs to be followed in appointing the Judges

(b) Qualifications for appointment as a Judge

(c) Term of Office of Judges

Answer

(a) Every Judge of the Supreme Court is appointed by the President after consultations with some of the Judges of the Supreme Court and of High Courts as the President might deem necessary.

  1. But while appointing a Judge other than the Chief Justice, the Chief Justice of India (CJI) is always consulted.
  2. The CJI is required to consult the four senior most judges of the Supreme Court before making any recommendation to the President of India in this regard.
  3. This came to be known as the Collegium System which allows a college of persons (judges) to appoint judges.

(b) A Judge of the Supreme Court must be a citizen of India, and

  1. must have been for at least five years a Judge of a High Court or of two or more such Courts or
  2. an advocate of a High Court or of two or more such courts for at least ten years; or
  3. must be, in the opinion of the President, a distinguished Jurist.

(c) Once appointed, a judge retires on attaining the age of 65 years.

  1. A judge may be removed from his office by the President on the ground of proved misbehaviour or incapacity.
  2. But that is possible only when an Address of each House of Parliament (passed by a majority of the total membership of that House and by majority of not less than two-thirds of the members present and voting) has been presented to the President.

Question 2

With reference to the Independence and Impartiality of the Supreme Court, answer the following questions:

(a) Why is the Judiciary kept independent of the control of Executive and Legislature?

(b) Explain the role of these factors in securing Independence of the Supreme Court:

  1. Security of Tenure,
  2. Security of Salary and Allowances, and
  3. Power to punish for Contempt of itself

Answer

(a) The Supreme Court and the High Courts administer justice not only between citizen and citizen but also between 'State' and a 'Citizen'.

  1. Judges' independence is essential for the functioning of a democratic Constitution.
  2. An independent judiciary is said to be the first condition of liberty.
  3. The Supreme Court and the High Courts are "guardians of the most precious asset in a democracy, the people's rights."
  4. Hence, the Judiciary is kept independent of the control of Executive and Legislature.

(b) The role of the following factors in securing Independence of the Supreme Court is -

  1. Security of Tenure — A Judge can remain in office till he has attained the age of 65 years. He can be removed by the President on the ground of "proved misbehaviour or incapacity" on an Address of each House of Parliament. The word 'proved' is very significant. It means that an Address can only be presented after an allegation has been thoroughly examined by some impartial tribunal.
  2. Security of Salary and Allowances — Judges' salaries, allowances, etc. shall not be varied to their disadvantage during their term of office. Moreover, the salaries and allowances are charged on the Consolidated Fund of India and are not subject to Vote of Parliament. The salaries of the Judges cannot be reduced except during periods of Financial Emergency.
  3. Power to punish for Contempt of itself — Genuine criticism of a Judgement is allowed, but nothing should be done to lower the authority or dignity of the Court. The Supreme Court has the power to punish for contempt of itself.

Question 3

The Country's judicial system has a Supreme Court at its apex. It has an extensive Jurisdiction. In this context discuss the following:

(a) Its Original Jurisdiction

(b) Its Appellate Jurisdiction

Answer

(a) The Original Jurisdiction extends to those cases in which Supreme Court has authority to hear and decide in the first instance. The Supreme Court in its original jurisdiction entertains suits in the following cases:

  1. A dispute between the Government of India and one or more States.
  2. Disputes between two or more States.
  3. A dispute between the Union and any State on one side and other States on the other.
  4. The Supreme Court entertains suits for the enforcement of Fundamental Rights also. This Jurisdiction is not exclusive, because High Courts also issue writs to enforce rights.
  5. Original jurisdiction extends to such other cases in which an interpretation of the Constitution is involved.

(b) The Supreme Court is the final Court of Appeal. An appeal lies to the Supreme Court from any judgement or final order of a High Court in India. The appellate jurisdiction extends to the following cases:

  1. Constitutional Cases — On matters involving interpretation of the Constitution the Supreme Court has the last word to say.
  2. Civil Cases — Appeals in civil matters lie to the Supreme Court, if the High Court certifies
    (a) that the case involves a substantial question of law of general importance,
    (b) that the question needs to be decided by the Supreme Court. There is no bar on Supreme Court's power to grant special leave to appeal in suitable cases.
  3. Appeals in Criminal Matters — There are two ways in which an appeal in criminal matters may be brought before the Supreme Court.
    (i) Without a Certificate of the High Court
    (ii) With a Certificate of the High Court

Question 4

With reference to powers and functions of the Supreme Court answer the following questions:

(a) What is its Advisory or Consultative Jurisdiction?

(b) What is its Revisory Jurisdiction?

(c) What is meant by the statement that the Supreme Court is a Court of Record?

Answer

(a) The President may obtain the opinion of the Supreme Court on a question of law or fact, which is of public importance.

  1. Questions must be specific and not general or vague.
  2. The Supreme Court may report its opinion, after such hearing as it thinks fit.
  3. The Supreme Court is not bound to express any opinion on the questions submitted to it.
  4. The advisory opinion of the Supreme Court is not binding on the President or on other courts, because it is not a "judicial decision".

(b) The Supreme Court has power to review any judgement pronounced by it.

  1. This provision shows that human judgement is fallible, i.e., the Court is also capable of making mistakes.
  2. It may, therefore, correct something that was misjudged.
  3. The Supreme Court cannot allow errors to continue indefinitely.
  4. It causes harm or damage to the general welfare of the public.

(c) The Supreme Court is a Court of Record because of the following reasons-

  1. A Court of Record is one whose judgements are recorded for evidence and testimony. They are not to be questioned when they are produced before any court. The judgements are in the nature of 'precedents', i.e., the High Court and other Courts are bound to give a similar decision in a similar case.
  2. A Court of Record has the power to punish contempt of itself.

Question 5

With reference to the Supreme court's role as protector of Fundamental Rights, explain the significance of the following Writs:

(a) Writ of Habeas Corpus

(b) Writ of Mandamus

(c) Writ of Quo Warranto
Or
How does the Constitution ensure that the Supreme Court acts as Custodian (Guardian) of the Fundamental Rights?

Answer

The Supreme Court is the guardian of the Fundamental Rights. It is empowered to issue various Writs to enforce the Fundamental Rights.

(a) Habeas Corpus is a Latin term which means "you may have the body".

  1. It provides a remedy for a person who has been unlawfully held in prison or in police custody.
  2. The Writ can also be issued where a person has been detained by a private individual.
  3. The Supreme Court and the High Courts command the detaining authority to bring the prisoner into Court to explain why he is being held.
  4. If the cause is insufficient, the prisoner is at once unconditionally released.

(b) The Latin term 'mandamus' means "we command".

  1. The purpose of the writ is to compel an inferior court or an individual to perform their duty.
  2. The duty must be imposed by the Constitution or some law.
  3. 'Mandamus' will not lie against a private individual or organisation unless they are entrusted with a public duty.

(c) This writ is directed against a person who has wrongfully usurped an office.

  1. The office must be a 'public office' or an office of public nature.
  2. The Writ calls upon the person to show under what authority he holds the office.
  3. If the court decides that the person concerned is holding that office illegally, it may declare the office to be vacant.

Question 6

Supreme Court is the Guardian and Final Interpreter of the Constitution. In this context answer the following questions:

(a) What is meant by Judicial Review?

(b) What is the scope of Judicial Review?

(c) What is the significance of the power of Judicial Review in view of the Federal character of the Constitution?

Answer

(a) Judicial Review may be defined as the power of the Supreme Court to examine the laws passed by the Legislature and the orders issued by the Executive officials to find whether or not they are permitted by the Constitution.

  1. If the Court finds that a law or an order of the Executive does something that is forbidden by the Constitution, it declares them null and void.
  2. The final say as to what the Constitution means rests with the Supreme Court. That is why the Supreme Court is known as "the Guardian and Final Interpreter of the Constitution."

(b) The Supreme Court exercises the Judicial Review in the following ways:

  1. When there is a dispute between the Union Government and a State or between States, the Supreme Court can decide it.
  2. The Supreme Court has the power to review all National and State laws and executive orders and declare them null and void, if they go against the provisions of the Constitution.
  3. The Supreme Court is the guardian of the Fundamental Rights. It is empowered to issue various Writs to enforce the Fundamental Rights.

(c) The power of Judicial Review has its utility because of three reasons:

  1. Ours is a written Constitution. An Article of the Constitution or a law may be ambiguously worded. So naturally the question of interpretation of the Constitution is bound to arise at times.
  2. The Constitution has provided limited powers to the Centre and the States. If the Union Government or States go beyond their limits, the functioning of a Federal Government will become difficult. Only a Supreme Court can settle the dispute between the Government of India and any State.
  3. The legislature does not possess the ability and impartiality which are needed to explain what the law means. It does not have the ability to take quick decisions also. This function can be best performed by a judicial body alone.
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