The Union Judiciary : The Supreme Court

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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

(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.

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.

(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.

65 years

Reason — The Chief Justice and other judges of the Supreme Court are appointed to work till they attain 65 years of age.

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.

The Supreme Court is the highest judicial court in India.

Two types of cases in which the Supreme Court exercises Original Jurisdiction are:

1. Interpretation of the Constitution
2. Centre-State Disputes

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.

Two ways in which the Constitution ensures the independence of the Judiciary are:

1. 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.
2. 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.

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.

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.

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.

Two writs issued by the Supreme Court are:

1. Writ of Prohibition
2. Writ of Certiorari

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.

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.

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. This means that:

1. 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.
2. This advice is not binding on the Government and cannot be enforced like a judgment.

(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 :

1. He must be a citizen of India.
2. 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.

(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:

1. Interpretation of the Constitution
2. Centre-State disputes
3. Disputes between Two or More States
4. 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.

(a) Three cases under the Original Jurisdiction of the Supreme Court are:

1. Interpretation of the Constitution — Cases requiring interpretation of the Constitution may come directly before the Supreme Court.
2. Centre-State Disputes — Disputes between the Centre and one or more States.
3. 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.

(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.