History & Civics
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?
Supreme Court
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Answer
(a) 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.
- The Supreme Court may report its opinion, after such hearing as it thinks fit.
- The Supreme Court is not bound to express any opinion on the questions submitted to it.
- 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.
- 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.
- The Supreme Court cannot allow errors to continue indefinitely.
- 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-
- 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.
- A Court of Record has the power to punish contempt of itself.
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Related Questions
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:
- Security of Tenure,
- Security of Salary and Allowances, and
- Power to punish for Contempt of itself
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
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?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?