Morning Star Textbook Solutions: The Supreme Court | History and Civics Class 10 ICSE PDF Download

Very Short Questions

Q1: Name the highest judicial tribunal in India.
Ans: The Supreme Court of India serves as the country's highest judicial tribunal.

Q2: Which body has the final authority to interpret the Constitution?
Ans: The Supreme Court possesses the final authority to interpret India's Constitution.

Q3: How many Judges are there in the Supreme Court?
Ans: The Supreme Court is composed of a Chief Justice and up to 25 additional Judges.

Q4: Who appoints the Judges of the Supreme Court?
Ans: The President appoints Supreme Court Judges based on recommendations from the Chief Justice.

Q5: Who determines the strength of the Supreme Court?
Ans: The Parliament has the authority to determine the Supreme Court's strength.

Q6: Who can increase the number of Judges of the Supreme Court?
Ans: The Indian Parliament has the power to increase the number of Supreme Court Judges.

Q7: Mention the term of a Judge of the Supreme Court.
Ans: A Supreme Court Judge serves until reaching the age of sixty-five years.

Q8: Who appoints the administrative staff of the Supreme Court?
Ans: The President appoints the Supreme Court's administrative staff upon judiciary members' recommendations.

Q9: Under what circumstances can the salaries and allowances of the Judges of the Supreme Court be reduced?
Ans: Supreme Court Judges' salaries and allowances may only be reduced during declared financial emergencies.

Q10: If the President of India considers that a Question of law may be referred to the Supreme Court, under which jurisdiction will the Supreme Court express its opinion in the matter?
Ans: Advisory Jurisdiction.

Q11: Of which Constitutional system is the independent Judiciary a characteristic?
Ans: An independent Judiciary is a fundamental characteristic of the federal system.

Q12: Why should the Judiciary be separated from the Executive?
Ans: The Judiciary should remain separate from the Executive to ensure impartial justice without discrimination.

Q13: Jurisdiction of the Supreme Court can be divided into how many categories? Name them.
Ans: The Supreme Court's jurisdiction falls into three categories: Original Jurisdiction, Appellate Jurisdiction, and Advisory Jurisdiction.

Q14: Appellate Jurisdiction of Supreme Court can be divided into how many groups? Name them.
Ans: The Appellate Jurisdiction consists of three groups: Appeals in Constitutional Cases, Appeals in Civil Matters, and Appeals in Criminal Cases.

Q15: What is the advisory role of the Supreme Court of India?
Ans: In its advisory role, the Supreme Court provides opinions to the President on legal or factual questions of public importance.

Q16: Name any one Writ issued by the Courts for the enforcement of Fundamental Rights.
Ans: Habeas Corpus.

Q17: Why is the Supreme Court said to be the guardian of the Constitution?
Ans: The Supreme Court is considered the Constitution's guardian because it can issue writs to enforce Fundamental Rights.

Q18: Mention any one power of the Supreme Court, which is not enjoyed by other courts.
Ans: The Supreme Court exclusively holds the power to revise its own previous decisions.

Q19: What happens if either the Parliament or a State Legislature passes any law that is against the Constitution?
Ans: If Parliament or a State Legislature passes unconstitutional laws, the Supreme Court can declare them invalid.

Short Questions – I

Q1: Who appoints the Chief Justice of the Supreme Court?
Ans: The President appoints the Chief Justice after consulting with Supreme Court Judges and High Court Chief Justices as deemed necessary.

Q2: Mention the salary and allowances of the Chief Justice and the other Judges of the Supreme Court.
Ans: The Chief Justice and other Supreme Court Judges receive monthly salaries along with rent-free housing, allowances, and other benefits.

Q3: Discuss about the manner of appointment of Judges of the Supreme Court.
Ans: Supreme Court Judges are appointed by the President through an official warrant after consulting with necessary Supreme Court and High Court Judges.

Q4: Why there is need for an independent Judiciary in India?
Ans: An independent Judiciary is essential in a federal system to impartially resolve constitutional interpretation disputes and power divisions between central and state governments.

Q5: What is understood by a 'Single Integrated Judicial System' as provided in the Indian Constitution?
Ans: India's Single Integrated Judicial System places the Supreme Court at the apex, administering both Union and State laws, with High Courts at the state level and Subordinate Courts below them.

Q6: Mention three circumstances in which the office of the Judge of the Supreme Court falls vacant.
Ans: A Supreme Court Judge's office becomes vacant if: (1) the Judge is removed for proven misbehavior or incapacity, or (2) the Judge resigns or retires.

Q7: Why is the Supreme Court described as a 'Court of Record'?
Ans: The Supreme Court is a Court of Record because its judgments are officially recorded, printed, and preserved for future reference by courts and lawyers.

Q8: What do you understand by the term 'Judicial Review'?
Ans: Judicial Review is the Supreme Court's power to invalidate laws and executive orders that violate constitutional provisions.

Short Questions – II

Q1: Explain the term of office and removal of Judges of the Supreme Court.
Ans: Supreme Court Judges serve until age 65 but may resign by writing to the President. Removal requires a presidential order following a parliamentary address supported by at least two-thirds majority in both houses on grounds of proven misbehavior or incapacity.

Q2: Mention the ways in which the Supreme Court has been made independent of the influence of the Executive.
Ans: The Supreme Court's independence is ensured through: secure tenure, protection from executive removal, guaranteed salaries, freedom to announce decisions, contempt power, prohibition on parliamentary discussion of judicial conduct, and ban on post-retirement practice.

Q3: The meaning of Independence of the Judiciary and the need to do so.
Ans: Judicial independence means freedom from executive and legislative control, enabling fair, impartial, fearless, and honest justice. It's essential for democratic constitutions, especially when courts must adjudicate disputes between citizens and the state.

Q4: What is Appellate Jurisdiction? Mention any two types of cases over which the Supreme Court has Appellate Jurisdiction.
Ans: Appellate Jurisdiction allows the Supreme Court to modify lower court decisions. It covers: (1) cases involving substantial questions of law certified by High Courts, and (2) criminal matters where High Courts have altered acquittals to death sentences or vice versa.

Q5: How does supreme court play the Guardian of the Fundamental Rights?
Ans: The Supreme Court guards Fundamental Rights by declaring unconstitutional executive or legislative acts void. Article 32 empowers it to issue writs like habeas corpus and mandamus to enforce these rights.

Q6: What is meant by Court of Record.
Ans: A Court of Record maintains official records of proceedings and decisions that serve as binding precedents for other courts. The Supreme Court can punish for contempt and its recorded judgments cannot be questioned in other courts.

Q7: The Supreme Court is the Guardian of the Fundamental Rights. In this connection explain the following writs which it can issue: (i) Habeas Corpus (ii) Mandamus.
Ans: (i) Habeas Corpus ("have his body") requires authorities to produce detained persons before the court to determine if their detention is lawful.
(ii) Mandamus ("we command") directs lower courts or authorities to perform their legal duties when they fail to do so.

Q8: Name any two writs issued by the courts for the enforcement of Fundamental Rights.
Ans: (i) Certiorari: Orders lower judicial bodies to quash their invalid decisions.
(ii) Quo-warranto: Prevents unauthorized individuals from holding public office by questioning their legal right to the position.

Q9: How does Supreme Court act as: Custodian of the Constitution?
Ans: As Constitution custodian, the Supreme Court reviews and can invalidate laws and executive orders that violate constitutional provisions. It ensures all government organs operate within constitutional limitations.

Q10: Why the Judges of the Supreme Court are prohibited to practice after retirement?
Ans: Supreme Court Judges cannot practice law after retirement to prevent them from being influenced by potential future employers during their tenure and to prevent them from using their influence over former colleagues.

Long Questions

Q1: Discuss the composition of the Supreme Court of India.
Ans: The Supreme Court comprises a Chief Justice and 25 other Judges (or as determined by Parliament). The President appoints them after consulting with necessary Supreme Court and High Court Judges. Judges serve until age 65 unless removed by Parliament or upon resignation. The Chief Justice may appoint temporary judges with the President's consent if needed. Qualifications include Indian citizenship and either five years as a High Court Judge, ten years as a High Court advocate, or recognition as a distinguished jurist.

Q2: Discuss the manner in which the constitution seeks to maintain the Independence of the Judges of Supreme Court.
Ans: The Constitution ensures judicial independence through: secure tenure until age 65, protection from salary reduction except during financial emergencies, restriction on legislative discussion of judicial conduct except during removal proceedings, and freedom to make decisions without fear of personal consequences.

Q3: Explain the Appellate Jurisdiction of the Supreme Court.
Ans: The Supreme Court's Appellate Jurisdiction covers three case types: (1) Constitutional cases involving substantial questions of constitutional interpretation, (2) Civil cases certified by High Courts as involving substantial legal questions, and (3) Criminal cases where High Courts have converted acquittals to death sentences or vice versa, or where High Courts certify a case as appropriate for Supreme Court appeal. The Court can also grant special leave to appeal against any judgment.

Q4: What is meant by Judicial Review and Original Jurisdiction?
Ans: 

• ​Judicial Review is the Supreme Court's power to invalidate laws and executive orders that violate the Constitution. While not explicitly mentioned, it's implied under Article 13 and requires an affected party to initiate proceedings.
• Original Jurisdiction refers to cases the Supreme Court hears directly, including disputes between the Central Government and States, disputes between States, and cases involving Fundamental Rights violations.

Q5: With reference to the Independence and Impartiality of the Supreme Court, explain the role of each of the following factors: (i) No discussion with respect to the conduct of any Judge. (ii) Power to punish for contempt of itself.
Ans: 

• Parliamentary discussion of judicial conduct is prohibited except during removal proceedings, protecting judges from legislative pressure.
• The Supreme Court can punish for contempt, maintaining its authority and dignity while allowing legitimate criticism of judgments.

Q6: What is the procedure for the removal of a Supreme Court Judge?
Ans: Removal requires proven misbehavior or incapacity through: 
(1) a motion signed by at least 100 Lok Sabha or 50 Rajya Sabha members, 
(2) investigation by a committee of two Supreme Court Judges and a distinguished jurist, 
(3) consideration by the initiating house, 
(4) passage by two-thirds majority in both houses, and (5) presidential removal order.