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Laxmikanth Test: Supreme Court - UPSC MCQ


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15 Questions MCQ Test Indian Polity for UPSC CSE - Laxmikanth Test: Supreme Court

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Laxmikanth Test: Supreme Court - 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?

Detailed Solution for Laxmikanth Test: Supreme Court - Question 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. 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.

Laxmikanth Test: Supreme Court - 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?

Detailed Solution for Laxmikanth Test: Supreme Court - Question 2

Statement 1: According to Article 124 of the Constitution of India, a citizen of India under 65 years of age can be recommended for appointment as a judge of the Supreme Court if they meet the following qualifications:

  • They have been a judge of one or more High Courts for at least five years
  • They have been an advocate in a High Court for at least ten years

Statement 2: SC’s powers and jurisdiction can only be added by the Parliament and not be curtailed.

Laxmikanth Test: Supreme Court - Question 3

What is the current salary of the Chief Justice of the Supreme Court?

Detailed Solution for Laxmikanth Test: Supreme Court - Question 3

The salary of Chief Justice of India was increased to Rs. 2,80,000/month from 1 lakh. Other Judges of the Supreme Court get a salary of Rs. 2.5 lacs.

Laxmikanth Test: Supreme Court - 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?

Detailed Solution for Laxmikanth Test: Supreme Court - Question 4

The President of India can refer any matter that is of public importance or that which involves interpretation of Constitution to Supreme Court for advice. However, the Supreme Court is not bound to give advice on such matters and the President is not bound to accept such an advice. So, Statement 2 in wrong.

Laxmikanth Test: 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.

Detailed Solution for Laxmikanth Test: Supreme Court - Question 5

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

Laxmikanth Test: Supreme Court - 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?

Detailed Solution for Laxmikanth Test: Supreme Court - Question 6
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.

Laxmikanth Test: Supreme Court - Question 7

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

Detailed Solution for Laxmikanth Test: Supreme Court - Question 7

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

 

 

Laxmikanth Test: Supreme Court - Question 8

Who is appointed as the Chief Justice of India?

Detailed Solution for Laxmikanth Test: Supreme Court - Question 8

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.

 

 

Laxmikanth Test: Supreme Court - 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) 

Detailed Solution for Laxmikanth Test: Supreme Court - Question 9

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)

Laxmikanth Test: Supreme Court - Question 10

What does the writ of habeas corpus mean?

Detailed Solution for Laxmikanth Test: Supreme Court - Question 10
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.

Laxmikanth Test: Supreme Court - 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 but with the prior approval of President.

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

Which of these statements are correct?

Detailed Solution for Laxmikanth Test: Supreme Court - Question 11

1. The Constitution declares Delhi as the seat of the Supreme Court: This statement is correct. Article 130 of the Indian Constitution states, "The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint."

2. It also authorises the CJI to appoint other place or places as the seat of the Supreme Court but with the prior approval of the President: This statement is also correct. As per the same Article 130, the Chief Justice of India (CJI) has the authority to appoint other places as the seat of the Supreme Court, but only with the prior approval of the President.

3. He can make a decision in this regard only with the approval of the Parliament: This statement is incorrect. The CJI does not require the approval of the Parliament to make a decision in this regard. As mentioned in Article 130, the CJI only needs the approval of the President to appoint other places as the seat of the Supreme Court.

 

 

Laxmikanth Test: 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?

Detailed Solution for Laxmikanth Test: Supreme Court - Question 12
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.

Laxmikanth Test: Supreme Court - Question 13

Consider the following statements. Which of the following are correct?

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

Detailed Solution for Laxmikanth Test: Supreme Court - Question 13

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.

 

 

Laxmikanth Test: Supreme Court - 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

Detailed Solution for Laxmikanth Test: Supreme Court - Question 14
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.

Laxmikanth Test: Supreme Court - 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?

Detailed Solution for Laxmikanth Test: Supreme Court - Question 15

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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