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Directions: Read the following passage and answer the question.
Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.
Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.
In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “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.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.
Q. A cassation court is set up in Hyderabad. It serves an appellate court to reverse lower court judgements. A appeals to the cassation court against a decision of the lower court, which has both constitutional and non-constitutional issues involved. Can the Cassation Court entertain the appeal?
  • a)
    Yes, as non-constitutional issues are involved.
  • b)
    No, as cassation courts are set up for non-constitutional disputes. Any constitutional matter should be referred to the Supreme Court at Delhi.
  • c)
    Yes, as this was the rationale behind setting up the cassation courts.
  • d)
    Both (A) and (C)
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
Directions: Read the following passage and answer the question.Back in...
As mentioned in the passage, cassation courts are set up primarily for non-constitutional disputes. If any constitutional issue is involved, the matter should be referred to the Supreme Court seated at Delhi. This is because, the purpose behind setting up such courts, according to the author’s reasoning is to remove the load of non-constitutional matters. If the cassation courts started hearing such matters which also involve a constitutional law question, this purpose will be defeated.
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Directions: Answer the given question based on the following passage.The most remarkable achievement in post-constitution India is the exercise of the power of the judicial review by the superior courts. So long as this power is wielded by the courts effectively and fearlessly, democracy will remain ensured in India and, with all its shortcomings, the Constitution will survive. The numerous applications for the constitutional writs before the High Courts and the Supreme Court and their results testify to the establishment in India of 'limited government', or, 'the government of laws, not of men', as they call it in the United States of America. The Supreme Court has well performed its task of protecting the rights of the individual against the executive, against oppressive legislations and even against the Legislature itself, when it becomes overzealous in asserting its privileges not only against the individual citizens but even against the judges.At the same time, it should be observed that neither the guarantee of the Fundamental Rights nor its adjunct 'Judicial Review' could have full play during the first quarter of a century of the working of our Constitution owing to their erosion by Proclamations of Emergency over a substantial period of time. It is true that the Emergency provisions are as much a part of the Constitution of India as any other, and that history has proved the need for such powers to meet extraordinary situations, but, broadly speaking, if the application of the Emergency provisions overshadows the other features of the Constitution, the balance between the 'normal' and 'emergency' provisions is palpably destroyed. Even, apart from Emergency, there has been an astounding erosion of Fundamental Rights owing to multiple amendments of the Constitution.The means to prevent any such conflict between competing interests is to process all proposals for constitutional amendments through an expert and objective machinery, which would ensure the progressive adaptation of the Constitution to the Copernican changes in the social, economic and political background.Q. What, according to the passage, is the biggest concern of the author?

Directions: Answer the given question based on the following passage.The most remarkable achievement in post-constitution India is the exercise of the power of the judicial review by the superior courts. So long as this power is wielded by the courts effectively and fearlessly, democracy will remain ensured in India and, with all its shortcomings, the Constitution will survive. The numerous applications for the constitutional writs before the High Courts and the Supreme Court and their results testify to the establishment in India of 'limited government', or, 'the government of laws, not of men', as they call it in the United States of America. The Supreme Court has well performed its task of protecting the rights of the individual against the executive, against oppressive legislations and even against the Legislature itself, when it becomes overzealous in asserting its privileges not only against the individual citizens but even against the judges.At the same time, it should be observed that neither the guarantee of the Fundamental Rights nor its adjunct 'Judicial Review' could have full play during the first quarter of a century of the working of our Constitution owing to their erosion by Proclamations of Emergency over a substantial period of time. It is true that the Emergency provisions are as much a part of the Constitution of India as any other, and that history has proved the need for such powers to meet extraordinary situations, but, broadly speaking, if the application of the Emergency provisions overshadows the other features of the Constitution, the balance between the 'normal' and 'emergency' provisions is palpably destroyed. Even, apart from Emergency, there has been an astounding erosion of Fundamental Rights owing to multiple amendments of the Constitution.The means to prevent any such conflict between competing interests is to process all proposals for constitutional amendments through an expert and objective machinery, which would ensure the progressive adaptation of the Constitution to the Copernican changes in the social, economic and political background.Q. What possible dangers does the author envisage when an institution becomes overzealous in asserting its privileges?

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Directions: Read the following passage and answer the question.Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “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.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.Q.A cassation court is set up in Hyderabad. It serves an appellate court to reverse lower court judgements. A appeals to the cassation court against a decision of the lower court, which has both constitutional and non-constitutional issues involved. Can the Cassation Court entertain the appeal?a)Yes, as non-constitutional issues are involved.b)No, as cassation courts are set up for non-constitutional disputes. Any constitutional matter should be referred to the Supreme Court at Delhi.c)Yes, as this was the rationale behind setting up the cassation courts.d)Both (A) and (C)Correct answer is option 'B'. Can you explain this answer?
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Directions: Read the following passage and answer the question.Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “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.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.Q.A cassation court is set up in Hyderabad. It serves an appellate court to reverse lower court judgements. A appeals to the cassation court against a decision of the lower court, which has both constitutional and non-constitutional issues involved. Can the Cassation Court entertain the appeal?a)Yes, as non-constitutional issues are involved.b)No, as cassation courts are set up for non-constitutional disputes. Any constitutional matter should be referred to the Supreme Court at Delhi.c)Yes, as this was the rationale behind setting up the cassation courts.d)Both (A) and (C)Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the following passage and answer the question.Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “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.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.Q.A cassation court is set up in Hyderabad. It serves an appellate court to reverse lower court judgements. A appeals to the cassation court against a decision of the lower court, which has both constitutional and non-constitutional issues involved. Can the Cassation Court entertain the appeal?a)Yes, as non-constitutional issues are involved.b)No, as cassation courts are set up for non-constitutional disputes. Any constitutional matter should be referred to the Supreme Court at Delhi.c)Yes, as this was the rationale behind setting up the cassation courts.d)Both (A) and (C)Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the following passage and answer the question.Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “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.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.Q.A cassation court is set up in Hyderabad. It serves an appellate court to reverse lower court judgements. A appeals to the cassation court against a decision of the lower court, which has both constitutional and non-constitutional issues involved. Can the Cassation Court entertain the appeal?a)Yes, as non-constitutional issues are involved.b)No, as cassation courts are set up for non-constitutional disputes. Any constitutional matter should be referred to the Supreme Court at Delhi.c)Yes, as this was the rationale behind setting up the cassation courts.d)Both (A) and (C)Correct answer is option 'B'. Can you explain this answer?.
Solutions for Directions: Read the following passage and answer the question.Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “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.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.Q.A cassation court is set up in Hyderabad. It serves an appellate court to reverse lower court judgements. A appeals to the cassation court against a decision of the lower court, which has both constitutional and non-constitutional issues involved. Can the Cassation Court entertain the appeal?a)Yes, as non-constitutional issues are involved.b)No, as cassation courts are set up for non-constitutional disputes. Any constitutional matter should be referred to the Supreme Court at Delhi.c)Yes, as this was the rationale behind setting up the cassation courts.d)Both (A) and (C)Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Read the following passage and answer the question.Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “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.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.Q.A cassation court is set up in Hyderabad. It serves an appellate court to reverse lower court judgements. A appeals to the cassation court against a decision of the lower court, which has both constitutional and non-constitutional issues involved. Can the Cassation Court entertain the appeal?a)Yes, as non-constitutional issues are involved.b)No, as cassation courts are set up for non-constitutional disputes. Any constitutional matter should be referred to the Supreme Court at Delhi.c)Yes, as this was the rationale behind setting up the cassation courts.d)Both (A) and (C)Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the following passage and answer the question.Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “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.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.Q.A cassation court is set up in Hyderabad. It serves an appellate court to reverse lower court judgements. A appeals to the cassation court against a decision of the lower court, which has both constitutional and non-constitutional issues involved. Can the Cassation Court entertain the appeal?a)Yes, as non-constitutional issues are involved.b)No, as cassation courts are set up for non-constitutional disputes. Any constitutional matter should be referred to the Supreme Court at Delhi.c)Yes, as this was the rationale behind setting up the cassation courts.d)Both (A) and (C)Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer the question.Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “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.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.Q.A cassation court is set up in Hyderabad. It serves an appellate court to reverse lower court judgements. A appeals to the cassation court against a decision of the lower court, which has both constitutional and non-constitutional issues involved. Can the Cassation Court entertain the appeal?a)Yes, as non-constitutional issues are involved.b)No, as cassation courts are set up for non-constitutional disputes. Any constitutional matter should be referred to the Supreme Court at Delhi.c)Yes, as this was the rationale behind setting up the cassation courts.d)Both (A) and (C)Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer the question.Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “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.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.Q.A cassation court is set up in Hyderabad. It serves an appellate court to reverse lower court judgements. A appeals to the cassation court against a decision of the lower court, which has both constitutional and non-constitutional issues involved. Can the Cassation Court entertain the appeal?a)Yes, as non-constitutional issues are involved.b)No, as cassation courts are set up for non-constitutional disputes. Any constitutional matter should be referred to the Supreme Court at Delhi.c)Yes, as this was the rationale behind setting up the cassation courts.d)Both (A) and (C)Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the following passage and answer the question.Back in March 1984, the Tenth Law Commission of India (95th Report) under Justice K K Mathew recommended that “the Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”. The Eleventh Law Commission under the chairmanship of Justice D.A Desai (125th Report, 1988) “reiterate(d) that the recommendation for splitting the (Supreme) Court into two halves deserves to be implemented”. Thereafter, the Eighteenth Law Commission under Justice A R Lakshmanan (229th Report, 2009) recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.Indeed, many countries around the world have Courts of Cassation that decide cases involving non-Constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal). It has been pointed out that Article 39A says that “the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall… ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities”. It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.In 2008, the Committee suggested that at least one Bench be set up on a trial basis in Chennai. But the Supreme Court has not agreed with the proposal, which in its opinion will dilute the prestige of the court. Article 130 says that “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.” Supreme Court Rules give the Chief Justice of India the power to constitute Benches — he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.Q.A cassation court is set up in Hyderabad. It serves an appellate court to reverse lower court judgements. A appeals to the cassation court against a decision of the lower court, which has both constitutional and non-constitutional issues involved. Can the Cassation Court entertain the appeal?a)Yes, as non-constitutional issues are involved.b)No, as cassation courts are set up for non-constitutional disputes. Any constitutional matter should be referred to the Supreme Court at Delhi.c)Yes, as this was the rationale behind setting up the cassation courts.d)Both (A) and (C)Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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