Laxmikanth Test: Supreme Court


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QUESTION: 1

Consider the following statements.

1. Original jurisdiction of a court refers to a matter for which the particular court is approached first. In the case of the Supreme Court in India, its original jurisdiction is covered under Article 131

2. In the case of the Supreme Court in India, its original jurisdiction is covered under Article 131 

Which of these statements is/are correct?

Solution: Original jurisdiction of a court refers to a matter for which the particular court is approached first. In the case of the Supreme Court in India, its original jurisdiction is covered under Article 131. It involves the following cases: Any dispute between the Indian Government and one or more States. Any dispute between the Indian Government and one or more States on one side and one or more States on the other side. Any dispute between two or more States.

QUESTION: 2

Consider the following statements.

1. As per Article 124, an Indian citizen who is below 65 years of age is eligible to be recommended for appointment as a judge of the SC

2. The SC’s powers and jurisdiction can only be added and curtailed by the Parliament 

Which of these statements is/are correct?

Solution: SC’s powers and jurisdiction can only be added by the Parliament and not be curtailed.

QUESTION: 3

Consider the following statements.

1. Special leave to appeal is granted by SC if it is satisfied that the case does not involve any question of law

2. It can be passed in case of the judgment passed by a court or tribunal of armed forces 

Which of these statements is/are correct?

Solution: Special leave to appeal is granted by SC if it is satisfied that the case does not involve any question of law.

However, it cannot be passed in case of the judgment passed by a court or tribunal of armed forces.

QUESTION: 4

Consider the following statements.

1. Article 143 authorises the President to seek an advisory opinion from the Supreme Court

2. The advice of the supreme court is binding in this case 

Which of these statements is/are not correct?

Solution:

Article 143 authorises the President to seek an advisory opinion from the Supreme Court in the two categories of matters-(a) matters of public importance (b) of any question arising out of pre-constitution, treaty, agreement, engagement, sanad or other similar instruments. Also, Art 144 states that all authorities civil and judicial in the territory of India shall act in aid of the Supreme Court.

QUESTION: 5

If the removal motion is admitted then the Speaker/Chairman constitutes a three-member committee to investigate the allegations charged against the judge. The three-member committee comprises of
1. The Chief Justice of session court
2. Senior most judge of Supreme Court
3. Chief justice of the High Court 

Choose from the following options.

Solution:

The three-member committee comprises (1). The Chief Justice or senior-most judge of the Supreme Court (2). Chief justice of the High Court and (3). A prominent jurist

QUESTION: 6

Consider the following statements:

1. Article 137 of the Constitution gives the Supreme Court the power to review any of its judgments or orders

2. It is not necessary that only parties to a case can seek a review of the judgment on it. Any person aggrieved by a ruling can seek a review 

Which of these statements are correct?

Solution: Supreme Court will review Sabarimala judgment and a review plea is set to be moved over Ayodhya verdict too. About: Article 137 of the Constitution gives the Supreme Court the power to review any of its judgments or orders. The court has the power to review its rulings to correct a “patent error” and not “minor mistakes of inconsequential import”. Grounds for review petition: In a 2013 ruling, the Supreme Court itself laid down three grounds for seeking a review of a verdict it has delivered — the discovery of new and important matter or evidence which was not within the knowledge of the petitioner or could not be produced by him; mistake or error apparent on the face of the record; or any other sufficient reason which means a reason that is analogous to the other two grounds. Who can file a review petition? It is not necessary that only parties to a case can seek a review of the judgment on it. Any person aggrieved by a ruling can seek a review. Time frame: As per 1996 rules framed by the Supreme Court, a review petition must be filed within 30 days of the date of judgment or order. While a judgment is a final decision in a case, an order is an interim ruling that is subject to its final verdict.

QUESTION: 7

Which among the following is not a criterion for being eligible to be a judge of the Supreme Court?

Solution:

The Constitution of India does not prescribe a minimum age for being a judge in the Supreme Court of India.

 

 

QUESTION: 8

Who is appointed as the Chief Justice of India?

Solution:

The senior-most judge of the Supreme Court is appointed as the Chief Justice of India In the Second Judges case (1993), it was declared by the Supreme Court that only the senior-most judge of the Supreme Court shall be appointed as a Chief Justice of India. This practice has been violated twice: in 1973 A.N. Ray was appointed as a CJI and in 1977 M.U. Beg was appointed as a CJI, despite the fact that they were not the senior-most judges of the Supreme Court at that time.

 

 

QUESTION: 9

What among the following statements is true about the procedure to remove the judge of a Supreme Court of India?

1. The judge of the Supreme Court may be removed from his current office by an order of the President

2. There are only two grounds of removal: incapacity or proved misbehaviour

3. So far, no judge of the Supreme Court has been removed by impeachment

4. The procedure for the removal of the judges is regulated by the Judges Enquiry Act (1968) 

Solution:

The Grounds for removal of Judge of SC are two - proved misbehaviour and incapacity.


The removal procedure is regulated by The Judges Enquiry Act 1968.

It is true that so far no judge of the Supreme Court has been removed by impeachment, but there was one single case of impeachment that was put forth in the Lok Sabha against V Ramaswami (1991-1993)

QUESTION: 10

What does the writ of habeas corpus mean?

Solution: The arrested person must be brought before the court that holds the right to set the person free if the grounds of arrest are found to be faulty.

QUESTION: 11

Consider the following statements.

1. The Constitution declares Delhi as the seat of the Supreme Court

2. It also authorises the CJI to appoint other place or places as the seat of the Supreme Court

3. He can make a decision in this regard only with the approval of the Parliament 

Which of these statements are correct?

Solution: The seat of Supreme Court The Constitution declares Delhi as the seat of the Supreme Court. It also authorises the CJI to appoint other place or places as the seat of the Supreme Court. He can take a decision in this regard only with the approval of the President. This provision is only optional and not compulsory. This means that no court can give any direction either to the President or to the Chief Justice to appoint any other place as the seat of the Supreme Court.

QUESTION: 12

Consider the following statements.

1. The Constitution has not fixed the tenure of a judge of the Supreme Court

2. Any question regarding his age is to be determined by such authority and in such manner as provided by President 

Which of these statements are correct?

Solution: Tenure of Judges The Constitution has not fixed the tenure of a judge of the Supreme Court. However, it makes the following three provisions in this regard: He holds office until he attains the age of 65 years. Any question regarding his age is to be determined by such authority and in such manner as provided by Parliament. He can resign his office by writing to the President. He can be removed from his office by the President on the recommendation of the Parliament.

QUESTION: 13

Consider the following statements.

1. A judge of the Supreme Court can be removed from his office by an order of the President

2. The President can issue the removal order only after an address by Parliament has been presented to him in the same session for such removal

3. The address must be supported by an absolute of each House of Parliament

Solution: Removal of Judges A judge of the Supreme Court can be removed from his office by an order of the President. The President can issue the removal order only after an address by Parliament has been presented to him in the same session for such removal. The address must be supported by a special majority of each House of Parliament (ie, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting). The grounds of removal are two —proved misbehaviour or incapacity. The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment: No judge of the Supreme Court has been impeached so far. Impeachment motions of Justice V Ramaswami (1991–1993) and Justice Dipak Misra (2017-18) were defeated in the Parliament.

QUESTION: 14

The President can appoint a judge of the Supreme Court as an acting Chief Justice of India when:

1. The office of Chief Justice of India is vacant

2. The Chief Justice of India is temporarily absent

3. The Chief Justice of India is unable to perform the duties of his office

Solution: The President can appoint a judge of the Supreme Court as an acting Chief Justice of India when: the office of Chief Justice of India is vacant, or the Chief Justice of India is temporarily absent, or the Chief Justice of India is unable to perform the duties of his office.

QUESTION: 15

Consider the following statements.

1. At any time, the CJI can request a retired judge of the Supreme Court or a retired judge of a high court to act as a judge of the Supreme Court for a temporary period

2. He can do so only with the previous consent of the President and also of the person to be so appointed

Which of these statements are correct?

Solution:

Retired Judges At any time, the CJI can request a retired judge of the Supreme Court or a retired judge of a high court (who is duly qualified for appointment as a judge of the Supreme Court) to act as a judge of the Supreme Court for a temporary period. He can do so only with the previous consent of the President and also of the person to be so appointed. Such a judge is entitled to such allowances as the President may determine. He will also enjoy all the jurisdiction, powers and privileges of a judge of the Supreme Court. But, he will not otherwise be deemed to be a judge of the Supreme Court.

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