Test: The Union and State Judiciary - 1 - CLAT PG MCQ

Article 143 provides the Supreme Court with advisory jurisdiction, allowing the President of India to seek the Court's opinion on significant questions of law or fact. This advisory role helps guide important governmental decisions, although the opinions are not binding.

The Supreme Court of India is composed of one Chief Justice and a maximum of seven other judges, allowing for a total of eight judges. This structure is defined to ensure a robust judicial system, although Parliament can decide to increase this number if necessary.

Article 222 gives the President of India the authority to transfer judges from one High Court to another after consulting with the Chief Justice of India. This provision ensures flexibility and resource allocation among the High Courts to address case backlogs.

The writ of Habeas Corpus is specifically designed to secure the release of individuals who are unlawfully detained. It compels the authority holding the person to present them before the court, allowing the court to examine the legality of the detention.

To be eligible for appointment as a judge of the Supreme Court, a candidate must be a citizen of India and must fulfill at least one additional criterion such as serving as a High Court judge for at least five years or being an advocate for at least ten years.

The writ of Mandamus, which means "We command," is issued to compel a public authority to perform a duty that it has neglected or refused to execute. It serves as a crucial tool for enforcing legal obligations by public officials.

High Courts have the power to supervise and control all subordinate courts within their jurisdiction. This includes ensuring the proper administration of justice and the uniformity of legal practices across lower courts.

The High Court functions as the highest judicial authority within a state, overseeing all other courts and ensuring that justice is administered properly. Its role is crucial in upholding the rule of law and protecting citizens' rights through judicial review and the issuance of writs.

Article 136 allows the Supreme Court to exercise discretion in granting special leave to appeal from any judgment, decree, determination, or order made by any court or tribunal in India. This flexibility is essential for addressing injustices that may arise from lower court decisions.

Article 226 empowers High Courts to issue directions, orders, or writs to enforce rights under the Constitution. This provision significantly enhances the High Courts' ability to provide remedies for violations of fundamental rights and to ensure justice.

Political bias is not explicitly listed as a ground for the removal of a Supreme Court judge. The grounds specified are proven misbehavior or incapacity, which must be substantiated through a formal process involving both Houses of Parliament.

Judges of the Supreme Court hold office until they reach the age of 65 years. This provision is designed to ensure a balance between experience in the judiciary and the need for fresh perspectives in the court system.

Article 215 of the Indian Constitution designates every High Court as a court of record, allowing it to maintain records that hold evidentiary value. The records cannot be questioned in any other court, emphasizing their authoritative status.

The Chief Justice of a High Court is appointed by the President of India, who acts in consultation with the Chief Justice of the Supreme Court and the Governor of the respective state. This consultation ensures that the appointment is made considering judicial competence and integrity.

In the case of Delhi Judicial Service Assn. v. State of Gujarat, the Supreme Court clarified that its power to punish for contempt under Article 129 extends to all subordinate courts and tribunals. This reinforces the Court's authority in maintaining judicial decorum across the entire legal system.

Article 219 mandates that every person appointed as a judge of a High Court must make and subscribe an oath or affirmation before assuming office. This oath reinforces the judge's commitment to uphold the Constitution and perform their duties impartially.

The power to punish for contempt under Article 129 is primarily aimed at maintaining the dignity and authority of the Supreme Court. This ensures that any actions that undermine the court's integrity and the judicial process are promptly addressed.

Article 227 grants High Courts the power of superintendence over all courts and tribunals within their jurisdiction. This authority allows High Courts to ensure that justice is administered effectively and consistently across the legal system, maintaining the rule of law.

Article 32 of the Constitution of India empowers the Supreme Court to issue writs for the enforcement of fundamental rights. This includes various forms such as habeas corpus and mandamus, which serve as crucial tools for individuals seeking justice against violations of their rights.

Article 131 grants the Supreme Court original and exclusive jurisdiction in disputes that arise between states or between states and the Union. This ensures that significant legal conflicts are resolved at the highest judicial level without bias.