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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.

  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.

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