Which one of the following is not true about the powers of the Supreme...
- The Supreme Court of India is the highest judicial court and the final court of appeal under the Constitution of India.
- Original jurisdiction refers to the right of the Supreme court to hear a case for the first time. It has the exclusive right to hear all cases that deal with disputes between states, or between states and the union government.
- Article 143: The President may seek the opinion of the Supreme Court on any question of law or fact of public importance on which he thinks it expedient to obtain such an opinion.
- The Supreme Court has the power to review its own judgment or order.
- Article 226: The high courts can also issue writs to protect the Fundamental Rights of the people.
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Which one of the following is not true about the powers of the Supreme...
The correct answer is option D: The Supreme Court does not have the exclusive power to issue writs to protect the fundamental rights of the people.
Explanation:
- Original and Exclusive Jurisdiction:
The Supreme Court of India has original and exclusive jurisdiction in intergovernmental disputes. This means that it has the authority to hear and decide cases that involve disputes between the central government and one or more state governments. No other court in the country has the power to adjudicate such disputes.
- Advisory Jurisdiction:
The Supreme Court also has advisory jurisdiction, which means that it can provide advice and opinions on questions of law or fact referred to it by the President of India. However, this power is discretionary and the court is not bound to give its opinion on every reference made by the President.
- Power to Review its Own Judgment or Order:
The Supreme Court has the power to review its own judgments or orders. This power is derived from Article 137 of the Constitution of India, which allows the court to review any judgment pronounced or order made by it. The review can be sought on the grounds of error apparent on the face of the record or for any other sufficient reason.
- Power to Issue Writs:
Contrary to option D, the Supreme Court does not have exclusive power to issue writs to protect the fundamental rights of the people. Both the High Courts and the Supreme Court have the power to issue writs, which are judicial orders issued to ensure that the rights of individuals are protected. The High Courts can issue writs within their respective jurisdictions, while the Supreme Court can issue writs not only for the enforcement of fundamental rights but also for any other purpose.
In conclusion, the powers of the Supreme Court include original and exclusive jurisdiction in intergovernmental disputes, advisory jurisdiction on questions referred by the President, the power to review its own judgments or orders, and the power to issue writs. However, it does not have exclusive power to issue writs to protect the fundamental rights of the people.