Test: Class 11 Polity NCERT Based-3 - UPSC MCQ

1. Seniority at the apex court is determined not by age

a. The date a judge was appointed to the Supreme Court.

b. If two judges are elevated to the Supreme Court on the same day:

c. The one who was sworn in first as a judge would trump another.

d. If both were sworn in as judges on the same day, the one with more years of high court service would ‘win’ in the seniority stakes.

e. An appointment from the bench would ‘trump’ in seniority an appointee from the bar.

2. The Constitution declares Delhi as the seat of the Supreme Court. It also authorises the CJI to appoint other places (not parliament) or places as seats of the Supreme Court.

3. Appointment of Chief Justice From 1950 to 1973:

The practice has been to appoint the senior most judge of the Supreme Court as the chief justice of India. This established convention was violated in 1973 when A N Ray was appointed as the Chief Justice of India by superseding three senior judges. Again in 1977, M U Beg was appointed as the chief justice of India by superseding the then senior-most judge.

4. Collegium system was born through “three judges case” and it has been in practice since 1998. It is used for appointments and transfers of judges in High courts and Supreme Courts. There is no mention of the Collegium either in the original Constitution of India or in successive amendments.

a. against a private individual or body

b. to enforce departmental instruction that does not possess statutory force;

c. when the duty is discretionary and not mandatory

d. to enforce a contractual obligation

e. against the chief justice of a high court acting in judicial capacity.

1. Mode of Appointment - The judges of the Supreme Court are appointed by the President in consultation with the members of the judiciary itself (i.e., judges of the Supreme Court and the high Courts).

2. This limits the discretion of the executive in judicial appointments.

3. Security of Tenure - They can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution.

4. Fixed Service Conditions - The salaries, allowances, privileges, leave and pension of the judges of the Supreme Court cannot be changed to their disadvantage after their appointment except during a financial emergency.

5. Expenses Charged on Consolidated Fund - The salaries, allowances and pensions of the judges and the staff and the administrative expenses of the Supreme Court are charged on the Consolidated Fund of India which is not subject to vote in the Parliament.

6. Conduct of Judges cannot be discussed - Parliament or State Legislature cannot discuss conduct of the judges of the Supreme Court in the discharge of their duties, except when an impeachment motion is under consideration of the Parliament.

7. Ban on Practice after retirement Retired judges of the Supreme Court cannot plead or act in any Court or before any authority within the territory of India.

8. Punishment for its contempt - The Supreme Court can punish any person for its contempt.

9. This is to maintain its authority, dignity and honor.

10. Appointing its staff - The Chief Justice of India can appoint officers and servants of the Supreme Court, prescribe their conditions of service, etc. without any interference from the executive.

11. Jurisdiction cannot be limited - The Parliament can only extend but cannot curtail jurisdiction and powers of the Supreme Court as they are guaranteed by the Constitution.

12. Separation of Judiciary and Executive -As per the Constitution, executive authorities should not possess judicial powers.

13. Criminal procedure Code (1973) separated judiciary from executive.

1. the Centre and one or more states; or

2. between two or more states; or

3. the Centre and any state or states on one side and one or more states on the other.

a. For these, the Supreme Court has exclusive original jurisdiction.

b. No other court can decide such disputes.

c. Original means to hear such disputes at the first instance and not by way of appeal.

d. But, the dispute must involve a question (whether of law or fact) on which the existence or extent of a legal right depends.

e. Questions of political nature are not included.

f. Also, any suit against the Centre or a state,brought before the Supreme Court, by a private citizen cannot be entertained under this.

Original jurisdiction of the Supreme Court does not extend to the following:

(a) Recovery of damages by a state against the Centre.

(b) Matters referred to the Finance Commission.

(c) Dispute arising out of any pre-constitution treaty, agreement, covenant etc.

(d) Dispute arising out of any treaty, etc., which specifically mentions that the court's original jurisdiction will not be applicable to it.

(e) Inter-state water disputes.

(f) Adjustment of some expenses and pensions between the Centre and states.

(g) Ordinary dispute of Commercial nature between the Centre and states. The first suit, under the original jurisdiction of the Supreme Court, was brought by West Bengal against the Centre in 1961.

1. The Supreme Court replaced the British Privy Council as the highest court of appeal.

2. The Supreme Court is mainly a court of appeal.

3. It hears appeals against the judgements of the lower courts. Its wide appellate jurisdiction can be understood under the following sections - Appeals in constitutional matters - If the high court certifies that the case involves a substantial question of law that requires the interpretation of the Constitution, an appeal can be made to the Supreme Court. Appeals in civil matters -If the high court certifies that the case involves a substantial question of law of general importance and the question needs to be decided by the Supreme Court, an appeal can be made to the Supreme Court against any judgement of a High Court. Presently there is no monetary limit for civil cases. Appeals in criminal matters -The Supreme Court hears appeals against the judgement in a criminal proceeding of a high court.

1. Judicial review means to check the constitutional validity of legislative enactments and executive orders of both the Central and state governments.

2. It is essential for protecting fundamental rights of the citizens.

3. It is also needed to maintain a balance between Union and States.

4. Judicial review helps in upholding the principle of the supremacy of the Constitution.

5. However, the phrase ‘judicial review’ has not been used anywhere in the Constitution.

One can challenge the constitutionality of a legislative enactment or an executive order in Supreme Court if -

1. Fundamental Rights are infringed by it.

2. It is incompatible with constitutional provisions.

3. It is outside the ambit of the authority which framed it.

a. Scope of Judicial review in the USA is broader than that in India.

b. Our Supreme Court follows procedure established by law.

c. This means that they see only substantive questions i.e., if the law is within the powers of the authority concerned or not.

d. It does not check the reasonableness of the law.

e. American Supreme Court follows due process of law that checks substantive questions as well as reasonableness of the law.

Other Powers of Supreme Court -

1. It is the final authority for disputes regarding the election of the president and the Vice-President.

2. On reference made by the President, it enquires into the conduct of the chairman and members of the UPSC and gives advice which is binding on the President.

3. It can review its own judgement or order.

4. It can withdraw cases pending before the high courts and dispose of them by itself. It can also transfer a case or appeal which is pending before one high court to another high court.

5. Its law is binding on all courts in India and decree or order is enforceable throughout India.

6. It is the ultimate interpreter of the Constitution.

7. It has judicial superintendence and control over all the courts and tribunals in India.

8. Parliament can enlarge the Supreme Court’s jurisdiction and powers with respect to matters in the Union list.

9. Also, a special agreement of the Centre and the states can enlarge its jurisdiction and powers with respect to other matters.

Reservation of Seats

1. There shall be provisions for the reservation of seats for the scheduled castes and the scheduled tribes in every municipality in proportion of their population to the total population in the municipal area.

2. Further, there shall be the reservation of not less than one-third of the total number of seats for women (including the number of seats reserved for women belonging to the SCs and STs). 3. The state legislature may provide for the manner of reservation of offices of chairpersons in the municipalities for the SCs, the STs and the women.

4. It may also make any provision for the reservation of seats in any municipality or offices of chairpersons in municipalities in favour of backward classes.

1. Municipal Corporation.

2. Municipality.

3. Notified Area Committee.

4. Town Area Committee.

5. Cantonment Board.

6. Township.

7. Port Trust.

8. Special Purpose Agency.

• Panchayati Raj was constitutionalised through the 73rd constitutional Amendment Act of 1992

• Art. 40 confers the responsibility upon the State to take steps to organise Village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

• But it does not give guidelines for organising village panchayats. Thus, its formal organisation and structure was firstly recommended by Balwant Rai committee,1957 (Committee to examine the Community Development Programme,1952).

a. his name appears in the electoral roll of any constituency in the Panchayat;

b. he has completed his twenty-first year of age 25(on the date of filing of nomination);

c. in the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes, he is a member of any of those castes or for those tribes, as the case may be

d. in the case of a seat reserved for women, such person is a women;

e. he makes and subscribes before the returning officer or any other person authorised by the State Election Commission an oath of affirmation according to the form set out for the purpose in the first schedule.

f. he has not been disqualified under any other provisions of this Act.

• In December 1977, the Janata Government appointed a committee on panchayati raj institutions under the chairmanship of Ashok Mehta. It submitted its report in August 1978 and made 132 recommendations to revive and strengthen the declining panchayati raj system in the country. Its main recommendations were:

1. The three-tier system of panchayati raj should be replaced by the two-tier sys-tem, that is, zila parishad at the district level, and below it, the mandaI panchayat consisting of a group of villages with a total population of 15,000 to 20,000.

2. A district should be the first point for decentralisation under popular supervision below the state level.

3. Zila parishad should be the executive body and made responsible for planning at the district level.

4. There should be an official participation of political parties at all levels of panchayat elections.

5. The panchayati raj institutions should have compulsory powers of taxation to mobilise their own financial resources.

6. There should be a regular social audit by a district level agency and by a committee of legislators to check whether the funds allotted for the vulnerable social and economic groups are actually spent on them.

7. The state government should not supersede the panchayati raj institutions. In case of an imperative supersession, elections should be held within six months from the date of supersession.

8. The nyaya panchayats should be kept as separate bodies from that of development panchayats. They should be presided over by a qualified judge.

9. The chief electoral officer of a state in consultation with the chief election com-missioner should organise and conduct the panchayati raj elections.

10. Development functions should be transferred to the zila parishad and all development staff should work under its control and supervision.

11. The voluntary agencies should play an important role in mobilising the support of the people for panchayati raj.

12. A minister for panchayati raj should be appointed in the state council of ministers to look after the affairs of the panchayati raj institutions.

13. Seats for SCs and STs should be reserved on the basis of their population. Due to the collapse of the Janata Government before the completion of its term, no action could be taken on the recommendations of the Ashok Mehta Committee at the central level.

2. MoHa with Municipal bodies of Union territories

3. MoD with the Cantonment Boards.

• The term ‘federation’ has nowhere been used in the Constitution. Instead, Article 1 of the Constitution describes India as a ‘Union of States’.

• According to Dr B R Ambedkar, the phrase ‘Union of States’ has been preferred to ‘Federation of States’ to indicate two things: (i) the Indian federation is not the result of an agreement among the states like the American federation; and (ii) the states have no right to secede from the federation. The federation is union because it is indestructible.

• The Indian federal system is based on the ‘Canadian model’ and not on the ‘American model’. The ‘Canadian model’ differs fundamentally from the ‘American model’ in so far as it establishes a very strong centre. The Indian federation resembles the Candian federation (i) in its formation (i.e., by way of disintegration); (ii) in its preference to the term ‘Union’ (the Canadian federation is also called a ‘Union’); and (iii) in its centralising tendency (i.e., vesting more powers in the centre vis-a-vis the states).