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With reference to the Constitution of India, consider the following statements:
1. Indian constitution provides for a provision of the Supreme Court under Part V
2. Seniority at the apex court is determined by age of the judges
3. The Constitution declares Delhi as the seat of the Supreme Court and authorises the parliament to appoint other places or places as seat of the Supreme Court.
4. The practice to appoint the senior most judge of the Supreme Court as the chief justice of India has been never violated till present 5. Collegium system was born through a First Judges case
Which of the statements given above is/are Incorrect?
  • a)
    2, 3, 4 and 5
  • b)
    1, 3, 4 and 5
  • c)
    2, 3 and 4
  • d)
    1, 2 and 5
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
With reference to the Constitution of India, consider the following s...
The Indian constitution provides for a provision of the Supreme Court under Part V (The Union) and Chapter 6 (The Union Judiciary). Articles 124 to 147 in Part V of the Constitution deal with the organisation, independence, jurisdiction, powers and procedures of the Supreme Court.
1. Seniority at the apex court is determined not by age
a. The date a judge was appointed to the Supreme Court.
b. If two judges are elevated to the Supreme Court on the same day:
c. The one who was sworn in first as a judge would trump another.
d. If both were sworn in as judges on the same day, the one with more years of high court service would ‘win’ in the seniority stakes.
e. An appointment from the bench would ‘trump’ in seniority an appointee from the bar.
2. The Constitution declares Delhi as the seat of the Supreme Court. It also authorises the CJI to appoint other places (not parliament) or places as seats of the Supreme Court.
3. Appointment of Chief Justice From 1950 to 1973:
The practice has been to appoint the senior most judge of the Supreme Court as the chief justice of India. This established convention was violated in 1973 when A N Ray was appointed as the Chief Justice of India by superseding three senior judges. Again in 1977, M U Beg was appointed as the chief justice of India by superseding the then senior-most judge.
4. Collegium system was born through “three judges case” and it has been in practice since 1998. It is used for appointments and transfers of judges in High courts and Supreme Courts. There is no mention of the Collegium either in the original Constitution of India or in successive amendments.
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Most Upvoted Answer
With reference to the Constitution of India, consider the following s...
Analysis of Statements
The question asks to identify the incorrect statements regarding the Constitution of India and its provisions related to the Supreme Court.
1. Supreme Court Provision
- Statement: "Indian constitution provides for a provision of the Supreme Court under Part V."
- Explanation: This statement is correct as the Supreme Court is mentioned in Part V of the Constitution, specifically under Articles 124 to 147.
2. Seniority Determination
- Statement: "Seniority at the apex court is determined by age of the judges."
- Explanation: This statement is incorrect. Seniority in the Supreme Court is determined by the date of appointment of the judges, not by their age.
3. Seat of the Supreme Court
- Statement: "The Constitution declares Delhi as the seat of the Supreme Court and authorises the parliament to appoint other places or places as seat of the Supreme Court."
- Explanation: This statement is partially correct. While the Supreme Court is located in Delhi, the Constitution does not explicitly mention it as the seat. The Parliament can establish other locations for the Supreme Court.
4. Chief Justice Appointment Practice
- Statement: "The practice to appoint the senior most judge of the Supreme Court as the chief justice of India has been never violated till present."
- Explanation: This statement is incorrect as there have been instances where the seniority principle was overlooked.
5. Collegium System Origin
- Statement: "Collegium system was born through a First Judges case."
- Explanation: This statement is incorrect. The collegium system was established through the Second Judges Case (1993), not the First.
Conclusion
Based on the analysis, the incorrect statements are 2, 4, and 5. Therefore, the correct answer is option 'A': 2, 3, 4, and 5.
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With reference to the Constitution of India, consider the following statements: 1. Indian constitution provides for a provision of the Supreme Court under Part V2. Seniority at the apex court is determined by age of the judges3. The Constitution declares Delhi as the seat of the Supreme Court and authorises the parliament to appoint other places or places as seat of the Supreme Court.4. The practice to appoint the senior most judge of the Supreme Court as the chief justice of India has been never violated till present 5. Collegium system was born through a First Judges caseWhich of the statements given above is/are Incorrect?a) 2, 3, 4 and 5b) 1, 3, 4 and 5c) 2, 3 and 4d) 1, 2 and 5Correct answer is option 'A'. Can you explain this answer?
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With reference to the Constitution of India, consider the following statements: 1. Indian constitution provides for a provision of the Supreme Court under Part V2. Seniority at the apex court is determined by age of the judges3. The Constitution declares Delhi as the seat of the Supreme Court and authorises the parliament to appoint other places or places as seat of the Supreme Court.4. The practice to appoint the senior most judge of the Supreme Court as the chief justice of India has been never violated till present 5. Collegium system was born through a First Judges caseWhich of the statements given above is/are Incorrect?a) 2, 3, 4 and 5b) 1, 3, 4 and 5c) 2, 3 and 4d) 1, 2 and 5Correct answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to the Constitution of India, consider the following statements: 1. Indian constitution provides for a provision of the Supreme Court under Part V2. Seniority at the apex court is determined by age of the judges3. The Constitution declares Delhi as the seat of the Supreme Court and authorises the parliament to appoint other places or places as seat of the Supreme Court.4. The practice to appoint the senior most judge of the Supreme Court as the chief justice of India has been never violated till present 5. Collegium system was born through a First Judges caseWhich of the statements given above is/are Incorrect?a) 2, 3, 4 and 5b) 1, 3, 4 and 5c) 2, 3 and 4d) 1, 2 and 5Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to the Constitution of India, consider the following statements: 1. Indian constitution provides for a provision of the Supreme Court under Part V2. Seniority at the apex court is determined by age of the judges3. The Constitution declares Delhi as the seat of the Supreme Court and authorises the parliament to appoint other places or places as seat of the Supreme Court.4. The practice to appoint the senior most judge of the Supreme Court as the chief justice of India has been never violated till present 5. Collegium system was born through a First Judges caseWhich of the statements given above is/are Incorrect?a) 2, 3, 4 and 5b) 1, 3, 4 and 5c) 2, 3 and 4d) 1, 2 and 5Correct answer is option 'A'. Can you explain this answer?.
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