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CLAT Exam  >  CLAT Questions  >  The jurisdiction of the Supreme Court may bee... Start Learning for Free
The jurisdiction of the Supreme Court may been larged by the
  • a)
    Parliament
  • b)
    President
  • c)
    President in consultation with Chief Justice of India
  • d)
    Union Council of Ministers in consultation with Chief Justice of India
Correct answer is option 'A'. Can you explain this answer?
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The jurisdiction of the Supreme Court may been larged by thea)Parliame...
A is the correct option. Article 138- Enlargement of the jurisdiction of the Supreme Court.-
(1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer.
(2) The Supreme Court shall have such further jurisdiction, and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court.
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The jurisdiction of the Supreme Court may been larged by thea)Parliame...
I guess the question is wrong. It should have been High court instead of Supreme court.

Parliament may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union territory.

Where the High Court of a State exercises jurisdiction in relation to a Union territory:—

(a) nothing in this Constitution shall be construed as empowering the Legislature of the State to increase, restrict or abolish that jurisdiction; and

(b) the reference in article 227 to the Governor shall, in relation to any rules, forms or tables for subordinate courts in that territory, be construed as a reference to the President.
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Directions: Read the following passage and answer the question.President Fakhruddin Ali Ahmed summoned his secretary, K. Balachandran, at around 11:15 p.m. on 25 June 1975. Ten minutes later, Balachandran met the pyjama-clad president in the private sitting room of his official residence at Rashtrapati Bhavan. The president handed his secretary a one-page letter from Indira Gandhi marked 'Top Secret'. Referring to the prime minister's discussion with the president earlier that day, the letter said she was in receipt of information that internal disturbances posed an imminent threat to India's internal security. It requested a proclamation of Emergency under Article 352 (1) if the president was satisfied on this score. She would have preferred to have first consulted the cabinet, but there was no time to lose. Therefore, she was invoking a departure from the Transaction of Business Rules in exercise of her powers under Rule 12 thereof. The president asked for his aide's opinion on the letter, which did not have the proposed proclamation attached. Balachandran said that such a proclamation was constitutionally impermissible on more than one ground. At this, the president said that he wanted to consult the Indian Constitution. Balachandran retreated to his office to locate a copy. Meanwhile, the deputy secretary in the president's secretariat showed up. The two officials launched into a discussion about the constitutionality of the prime minister's proposal before they returned to President Ahmed with a copy of the Constitution. Balachandran explained that the president's personal satisfaction that internal disturbances posed a threat to internal security was constitutionally irrelevant. What the Constitution required was the advice of the council of ministers. Balachandran withdrew when the president said he wanted to speak to the prime minister. When he re-entered the room 10 minutes later, President Ahmed informed him that R. K. Dhawan had come over with a draft Emergency proclamation, which he had signed. Then the president swallowed a tranquilizer and went to bed.This late-night concern for constitutional propriety is revealing. What we see unfolding in the hunt for a copy of the Constitution, the leafing through of its pages to make sure that the draft proclamation met the letter of the law, is the meticulous process of the paradoxical suspension of the law by law. The substance of the discussion concerns the legality of the procedures to follow in issuing the Emergency proclamation. The political will behind the act goes unmentioned. This is because Article 352 (1) of the Constitution itself had left the judgement of the necessity for the Emergency proclamation outside the law. The doctrine of necessity regards the judgement of crisis conditions as something that the law itself cannot handle; it is a lacuna in the juridical order that the executive is obligated to remedy.Q. According to the passage, why did Balachandran advise the President that Gandhi's request for a proclamation of Emergency was impermissible?

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The jurisdiction of the Supreme Court may been larged by thea)Parliamentb)Presidentc)President in consultation with Chief Justice of Indiad)Union Council of Ministers in consultation with Chief Justice of IndiaCorrect answer is option 'A'. Can you explain this answer?
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