Consider the following statements with reference to the Supreme Court...
- The Supreme Court of India was inaugurated on 28th January 1950. It succeeded the Federal Court of India, established under the Government of India Act of 1935. However, the jurisdiction of the Supreme Court is greater than that of its predecessor. This is because; the Supreme Court has replaced the British Privy Council as the highest court of appeal. Articles 124 to 147 in Part V of the Constitution deal with the organization, independence, jurisdiction, powers, procedures and so on of the Supreme Court.
- The Parliament is also authorized to regulate them. The Supreme Court can, with the approval of the President, make rules for generally regulating the practice and procedure of the court. The Constitutional cases or references made by the President under Article 143 are decided by a Bench consisting of at least five judges. All other cases are decided by single judges and division benches. The judgments are delivered by the open court. So, statement (1) is not correct.
- The Constitution declares Delhi as the seat of the Supreme Court. But, it also authorizes the chief justice of India to appoint other places or places as the seat of the Supreme Court. He can decide in this regard only with the approval of the President. This provision is only optional and not compulsory. This means that no court can give any direction either to the President or the Chief Justice to appoint any other place as a Supreme Court seat. So, statement (2) is not correct.
Therefore, the answer is (c).
Consider the following statements with reference to the Supreme Court...
The correct option is (c) Both 1 and 2. Neither statement is correct.
Explanation:
1. The constitutional cases are decided by a Bench consisting of at least seven Judges:
This statement is not correct. According to Article 145(3) of the Indian Constitution, the minimum number of judges required to decide any constitutional question is five. For other cases, a bench consisting of two judges can decide.
2. The President of India can appoint places other than Delhi as its seat:
This statement is also not correct. The seat of the Supreme Court is fixed by the President of India in consultation with the Chief Justice of India. As per Article 130 of the Indian Constitution, the seat of the Supreme Court is in Delhi. The President does not have the power to appoint places other than Delhi as the seat of the Supreme Court.
The Supreme Court of India:
The Supreme Court of India is the highest judicial authority in the country. It was established on January 26, 1950, and is located in New Delhi. The court consists of a Chief Justice and a maximum of 33 other judges. The President of India appoints the judges of the Supreme Court.
Constitutional Cases and Bench Composition:
Constitutional cases are those cases that involve the interpretation and application of the Indian Constitution. These cases are of great significance as they deal with the constitutional validity of laws, regulations, and government actions. The Supreme Court has the power of judicial review and can strike down any law or government action that violates the Constitution.
According to Article 145(3) of the Indian Constitution, a minimum of five judges is required to decide any constitutional question. This means that a Bench consisting of five judges or more is constituted to hear and decide constitutional cases. However, for other cases, a bench consisting of two judges can decide.
Seat of the Supreme Court:
The seat of the Supreme Court is fixed by the President of India in consultation with the Chief Justice of India. As per Article 130 of the Indian Constitution, the seat of the Supreme Court is in Delhi. The Supreme Court functions from its main building in Delhi, and all its proceedings take place in Delhi. The President does not have the power to appoint places other than Delhi as the seat of the Supreme Court.
In conclusion, both statements are incorrect. The Supreme Court can decide constitutional cases with a bench of a minimum of five judges, and the seat of the Supreme Court is fixed in Delhi by the President of India.
To make sure you are not studying endlessly, EduRev has designed UPSC study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in UPSC.