The Supreme Court of India does not have original jurisdiction in the settling of disputes
- between the government of India and State of the Union
- between two or more states
- between the Union of India and one state on one hand and other states on the other hand
- arising out of any treaty or agreement
Answer
arising out of any treaty or agreement
Reason — The Supreme Court has original jurisdiction over cases involving Centre–State disputes, disputes between two or more States, interpretation of the Constitution, and cases relating to Fundamental Rights. It does not include disputes arising out of any treaty or agreement under its original jurisdiction.
When can a President refer a matter to the Supreme Court for its opinion?
- When the cabinet is not functioning properly
- When emergency has to be promulgated
- When a matter is of public importance
- Whenever the President feels like it
Answer
When a matter is of public importance
Reason — Under its advisory jurisdiction, the Supreme Court advises the President on constitutional or other matters of law whenever he seeks its opinion. Such matters are of public importance.
Who holds the power of Judicial Review?
- President
- Prime Minister
- High Courts and Supreme Court
- Parliament
Answer
High Courts and Supreme Court
Reason — In India, the power of judicial review is vested in the Supreme Court and the High Courts. It is only on request by a citizen or a group of citizens that they may take up laws passed by the Legislature or actions of the Executive for review.
With reference to the Supreme Court of India, complete the following:
Advisory Jurisdiction : Advice the President : : Judicial Review : ............
- Review its own judgements.
- Review the judgements of the High Court.
- Review the laws passed by the Parliament.
- Review the administration of the Government.
Answer
Review the laws passed by the Parliament.
Reason — The Supreme Court is the guardian and sole interpreter of the Constitution. The Supreme Court can declare law passed by the Parliament null and void if found unconstitutional.
What is meant by judicial review?
- Parliament's right to ask the judiciary to review judgement
- Judiciary's power to pronounce upon the constitutionality of laws passed by the Legislature and orders issued by the Executive
- The President's right to seek the opinion of the Supreme Court on the constitutionality of a law passed by the Parliament
- Judiciary's right to review judgements passed by lower courts and decision of the Executive.
Answer
Judiciary's power to pronounce upon the constitutionality of laws passed by the Legislature and orders issued by the Executive
Reason — Judicial review is the power of the judiciary to review a Central or State law to establish its legality. If Parliament passes a law against the Constitution, the Supreme Court can declare it unconstitutional.
Which of the following is not one of the provisions made in the Constitution to secure independence of the Supreme Court judges?
- The judges of the Supreme Court hold office not during President's pleasure but on 'good behaviour'
- They can be removed by the President only after a joint address by both Houses of Parliament passed by two third majority of members present and voting in each House.
- The allowances, leave and pension etc, of the judges cannot be changed to the disadvantage of the judge during his term of office
- A Judge of the Supreme Court can practise only after ten years of his retirement
Answer
A Judge of the Supreme Court can practise only after ten years of his retirement
Reason — A Judge of the Supreme Court shall not plead or act in any Court or before any authority within the territory of India after his retirement. There is no provision allowing him to practise after ten years of retirement.
The Judges of the Supreme Court after their retirement are not permitted to practise
- before the High Court
- before the Supreme Court
- before any court in India
- for five years
Answer
before any court in India
Reason — To ensure the independence of the judiciary, it is provided that a Judge of the Supreme Court shall not plead or act in any Court or before any authority within the territory of India after his retirement.
A case regarding interpretation of the Constitution comes within ............... jurisdiction of the Supreme Court.
- appellate
- original
- advisory
- none of these
Answer
original
Reason — Original jurisdiction of a court implies those cases which could be directly brought before it. All cases where interpretation of the Constitution is required can be directly filed in the Supreme Court.
A case can come up for hearing before the Supreme Court against the judgement of lower courts
- if High Court certifies that the case involves a substantial question of law regarding interpretation of Constitution
- on the Supreme Court granting special leave
- if the Supreme Court has in an appeal reversed the order of acquittal of an accused person and sentenced him to death
- in all the above cases
Answer
in all the above cases
Reason — Under its appellate jurisdiction, the Supreme Court hears appeals where the High Court certifies that the case involves a substantial question of law regarding interpretation of the Constitution, where it grants special leave to appeal, and in criminal cases where a High Court has awarded capital punishment. Hence, all the above cases are covered.
The Advisory opinion tendered by Supreme Court
- is binding on the President
- is not binding on the President
- is binding on the President only if it is unanimously made
- is not made public at all
Answer
is not binding on the President
Reason — The advice rendered by the Supreme Court shall in no way be binding on its seeker and cannot be treated as a judgement of the Supreme Court.
Through its power of judicial review the Supreme Court ensures
- a democratic government in the country
- a constitutional government in the country
- judicial supremacy
- the Parliament's sovereignty is curbed
Answer
a constitutional government in the country
Reason — It is the duty of the Supreme Court to uphold the sanctity of the Constitution. Through judicial review, it declares laws that are against the Constitution as unconstitutional, thereby ensuring a constitutional government in the country.
The salaries of the Judges of the Supreme Court are drawn from :
- Home ministry grants
- Consolidated Fund of India
- Contingency Fund of India
- Provisions made by Law Ministry
Answer
Consolidated Fund of India
Reason — The Constitution has ensured the independence of the judiciary by providing that the expenditure in respect of the salaries and allowances of the judges shall be charged on the Consolidated Fund of India.
Which of the following writs is a sort of command from a superior court to a subordinate court?
- Mandamus
- Quo Warranto
- Certiorari
- Habeas Corpus
Answer
Mandamus
Reason — Mandamus literally means 'we command'. It is a sort of command from a superior court to a subordinate court or an administrative authority in case they refuse to exercise their jurisdiction and fail to perform their duty.
Which of the following writs is a safeguard for personal freedom?
- Quo Warranto
- Mandamus
- Prohibition
- Habeas Corpus
Answer
Habeas Corpus
Reason — Habeas Corpus means 'to have a body'. By issuing such a writ, the court can get the body of any person released if he has been unlawfully captured. The writ is thus a great safeguard for the personal freedom of a citizen.
In the questions given below, there are two statements marked as Assertion (A) and Reason (R). Read the statements and choose the correct option.
Assertion (A) : All cases requiring interpretation of the Constitution can be directly filed in the Supreme Court.
Reason (R) : The Supreme Court has the power of judicial review and can declare any law ultra vires.
- (R) contradicts (A)
- (R) is the reason for (A)
- (A) is true but (R) is false
- (A) and (R) are independent of each other
Answer
(A) and (R) are independent of each other
Explanation — Assertion (A) is incorrect because cases involving constitutional interpretation usually reach the Supreme Court through its appellate jurisdiction (via High Courts) rather than being directly filed, except for specific matters like fundamental rights violations. Reason (R) is correct as a standalone truth since the Supreme Court possesses judicial review to strike down unconstitutional laws, making both statements independent of each other.
Identify the cases over which the Supreme Court has original jurisdiction.
P : There is a dispute between Bihar and Uttar Pradesh regarding boundary.
Q : There is a dispute between the Union of India and the Government of Kerala.
R : Mr. Akash was acquitted by the Session Court in a Murder case but awarded death sentence by the High Court.
S : A case certified by the High Court needing interpretation of the Constitution.
- P and Q
- Q and R
- R and S
- Q and S
Answer
P and Q
Explanation — A dispute between two or more States (P) and a dispute between the Centre and a State (Q) both fall within the original jurisdiction of the Supreme Court. R and S are cases that reach the Supreme Court through an appeal or a certificate of the High Court and hence fall under its appellate jurisdiction.
Read the two statements given below about the independence of the judiciary and select the option that shows the correct relationship between (A) and (B).
(A) The expenditure in respect of the salaries and allowances of the Judges shall be charged on the Consolidated Fund of India.
(B) The Judges of the Supreme Court and High Courts shall be appointed and removed by the President.
- (B) contradicts (A)
- (B) is the reason for (A)
- (A) is true but (B) is false
- (A) and (B) are independent of each other
Answer
(A) and (B) are independent of each other
Explanation — Both statements refer to separate provisions relating to the judiciary. Statement (A) deals with the security of pay and allowances of the judges, while statement (B) deals with their appointment and removal. Neither statement explains the other, so the two are independent of each other.
A Supreme Court judge can continue in office till the age of:
- 60 years
- 62 years
- 65 years
- 67 years
Answer
65 years
Reason — The Chief Justice and other judges of the Supreme Court are appointed to work till they attain 65 years of age.
In August 2002, President Dr. Abdul Kalam sought the help of the Supreme Court in connection with the controversy between the Election Commission and the Government on elections in Gujarat.
The Jurisdiction of the Supreme Court applicable in the above-mentioned situation is
- Revisory
- Appellate
- Advisory
- Original
Answer
Advisory
Reason — Under its advisory jurisdiction, the Supreme Court advises the President on constitutional as well as other matters of law whenever he seeks its opinion. Since President Dr. A.P.J. Abdul Kalam sought the opinion of the Supreme Court on a matter of public importance, it is a case of advisory jurisdiction.
Which is the highest judicial court in India?
Answer
The Supreme Court is the highest judicial court in India.
Mention two types of cases in which the Supreme Court exercises original jurisdiction.
Answer
Two types of cases in which the Supreme Court exercises Original Jurisdiction are:
- Interpretation of the Constitution
- Centre-State Disputes
Mention any one power of the Supreme Court which is not enjoyed by other courts.
Answer
The Supreme Court has original jurisdiction over Centre-State disputes and disputes between two or more States. These disputes cannot be decided by any other court.
When a judicial system is correctly calibrated, the law is applied by judges fearlessly, without favour or fear and with respect. That is why judicial security of tenure is so fundamental. It is also why judges must be properly paid without any interference from the Executive or Legislature.
— (The Need for Independent Judiciary) UNODC
From the passage, deduce and mention any two ways in which the Constitution ensures the independence of the Judiciary.
Answer
Two ways in which the Constitution ensures the independence of the Judiciary are:
- Security of Service — Judges cannot be removed by the President at his pleasure. They can be removed only by impeachment by Parliament on the grounds laid down in the Constitution.
- Security of Pay and Allowances — Their salaries and allowances are charged on the Consolidated Fund of India and cannot be changed to their disadvantage during their term of office.
What happens if either the Parliament or a State Legislature passes law that is against the Constitution?
Answer
If either the Parliament or a State Legislature passes a law that is against the Constitution, the Supreme Court can declare that law as unconstitutional.
What do you understand by the term Judicial Review?
Answer
The Supreme Court has been equipped with the power of judicial review to check the arbitrary power of the executive. It can review a Central or State law to establish its legality or otherwise. If the Parliament passes any law that is against the Constitution, the Supreme Court can declare that law as unconstitutional. However, it does not step in unless a person aggrieved by such laws calls the Court for redress.
What are the advisory functions of the Supreme Court?
Answer
Under its advisory jurisdiction, the Supreme Court advises the President on constitutional as well as other matters of law whenever he seeks its opinion. The advice is not binding on the President.
Name any two writs issued by the Supreme Court.
Answer
Two writs issued by the Supreme Court are:
- Writ of Prohibition
- Writ of Certiorari
Name the Courts that are empowered to issue Writs for the enforcement of Fundamental Rights.
Answer
The Supreme Court and the High Courts are empowered to issue Writs for the enforcement of the Fundamental Rights, under Articles 32 and 226 of the Constitution respectively.
What is meant by Appellate Jurisdiction of the Supreme Court?
Answer
The Supreme Court is the highest court of law in the country. As such, it has powers to grant special leave to appeal against the judgement delivered by any court in the country. The cases that can be brought before the Supreme Court only through an appeal form the Appellate Jurisdiction of the Court. Appeals can be made in criminal cases, civil suits and constitutional matters.
On what grounds can a Supreme Court Judge be removed from office?
Answer
A Judge of the Supreme Court can be removed from office on the ground of proved misbehaviour or incapacity. A judge found guilty of misusing his powers, of acting against the provisions of the Constitution, of corruption or of misuse of office can be impeached and relieved of his office by the Parliament.
In India, the Supreme Court can exercise advisory jurisdiction under Article 143 of the Constitution. With regard to the President, these opinions are purely advisory.
Mention any two points about the Supreme Court that you can deduce from the passage.
Answer
In India, the Supreme Court can exercise advisory jurisdiction under Article 143 of the Constitution. This means that:
- The Supreme Court can give its opinion on any question of law or fact of public importance as may be referred to it for consideration by the President.
- This advice is not binding on the Government and cannot be enforced like a judgment.
With reference to the Supreme Court of India, explain the following :
(a) Discuss the composition of the Supreme Court.
(b) What are the qualifications of the judges of the Supreme Court?
Answer
(a) The Supreme Court of India consists of a Chief Justice and some other Judges, the number of which may be fixed by the Parliament from time to time. At present it consists of the Chief Justice and 33 other judges, i.e. total 34 judges.
(b) To become a Judge or the Chief Justice of the Supreme Court, a person should possess the following qualifications :
- He must be a citizen of India.
- He must have worked as a Judge in any of the High Courts continuously for not less than five years.
OR
He must have been an advocate of a High Court or of two or more such courts for at least 10 years.
OR
He should be a distinguished jurist in the opinion of the President.
The Supreme Court enjoys vast powers in the judicial field. In this connection discuss the following:
(a) In what way is the Supreme Court the guardian of Fundamental Rights?
(b) Original jurisdiction of the Supreme Court.
(c) Appellate powers of the Supreme Court.
Answer
(a) The Supreme Court of India is the guardian of the Fundamental Rights of the citizens of India. It protects the Fundamental Rights from being eroded, abridged or infringed upon by any person, group of persons or the State itself. It can issue various writs like Habeas Corpus, Prohibition, Certiorari, Mandamus and Quo Warranto to enforce its order.
(b) Original jurisdiction of a court implies those cases which could be directly brought before it. The Supreme Court of India has original jurisdiction over certain cases like:
- Interpretation of the Constitution
- Centre-State disputes
- Disputes between Two or More States
- Fundamental Rights
(c) The Supreme Court has the powers to grant special leave to appeal against the judgement delivered by any court in the country. The cases can be brought before the Supreme Court only through an appeal. The appellate jurisdiction extends to Constitutional, civil and criminal cases.
With reference to the Supreme Court as the Apex Court in our Indian Judiciary, explain the following:
(a) Any three cases that come under the Original Jurisdiction of the Supreme Court.
(b) Power of Judicial Review.
(c) Supreme Court as a Court of Record.
Answer
(a) Three cases under the Original Jurisdiction of the Supreme Court are:
- Interpretation of the Constitution — Cases requiring interpretation of the Constitution may come directly before the Supreme Court.
- Centre-State Disputes — Disputes between the Centre and one or more States.
- Inter-State Disputes — Disputes between two or more States.
(b) Power of Judicial Review — The Supreme Court is the guardian of the Constitution. It can review a Central or State law and declare it unconstitutional and null and void if it violates the Constitution. However, judicial review is not automatic; the Court acts when an aggrieved person approaches it. This power is provided under Article 13 and Articles 131–136 of the Constitution.
(c) Supreme Court as a Court of Record — The Supreme Court is a Court of Record. Its decisions and decrees are permanently recorded for future reference and may be cited by courts and lawyers in subsequent cases. Important decisions of the High Courts are also kept on record for reference.
Study the picture given below and answer the questions that follow:
(a) Identify the image that represent the independence of the judiciary. Explain its role in judicial review and as a Court of Record.
(b) How does this relate to the composition of the Supreme Court?
(c) Predict how the formal atmosphere depicted in the image might affect the enforcement of Fundamental Rights and issuance of Writs.
Answer
(a) The image shows the Supreme Court of India, the apex court of the country and a symbol of an independent judiciary.
Judicial Review — The Supreme Court can examine laws passed by Parliament or State Legislatures and declare them unconstitutional if they violate the Constitution.
Court of Record — Its judgments and proceedings are permanently recorded and can be cited as precedents in future cases.
(b) The Supreme Court consists of the Chief Justice of India and other judges whose number is determined by Parliament. The judges are appointed according to constitutional provisions and enjoy security of tenure and independence in the discharge of their duties. This composition enables the Court to perform its constitutional and judicial functions effectively.
(c) The formal and dignified atmosphere of the Supreme Court symbolises its authority, impartiality and independence in administering justice.
The Court acts as the guardian of Fundamental Rights. Under Article 32, a person whose Fundamental Rights have been violated can directly approach the Supreme Court.
For their enforcement, the Court may issue the writs of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto. Thus, its constitutional authority helps protect citizens against infringement of their Fundamental Rights.