UPSC Previous Year Questions (Prelims): Supreme Court | Indian Polity for UPSC CSE PDF Download

Q.1. With reference to Indian judiciary, consider the following statements:     (2021)

1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India.
2. A High Court in India has the power to review its own judgement as the Supreme Court does.

Which of the statements given above is/are correct?  
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer is Option (c)

• Statement 1 is correct: Under Article 128 of the Constitution, the Chief Justice of India may, at any time, with the previous consent of the President, request any person who has held the office of a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court.
• Statement 2 is correct: Being A Court Of Record, High Court can review its own judgments under Article 226 Of the Constitution. The Kerala High Court has iterated the legal proposition that High Courts as Courts of Record could review their own orders. A Division Bench of Chief Justice S. Manikumar and Shaji P. Chaly were confronted with an appeal against a review petition

Q.2. Consider the following statements:      (2019-I)

1. The motion to impeach a judge of the supreme court of India cannot be rejected by the speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.
2. The constitution of India defines and gives details of what constitutes 'incapacity and proved misbehaviour' of the judges of the Supreme Court of India.
3. The details of the process of the impeachment of the judges of the Supreme Court of India are given in the judges (Inquiry) Act, 1968.
4. If the motion of the impeachment of a judge is taken up for voting, the law requires the motion to be backed by each house of the parliament and supported by a majority of total membership of that house and by not less than two-thirds of total members of that House present and voting.

Which of the statements given above is/are correct?
(a) 1 and 2
(b) 3 only
(c) 3 and 4 only
(d) 1, 3 and 4

Correct Answer is Option (c)
The Speaker/Chairman may admit the motion or refuse to admit motion for impeachment of SC Judges.

• The address to remove SC Judge must be supported by a special majority of each House of Parliament (ie, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting). So #4 is right, answer is C.

 
Q.3. The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its    (2014 - I)
(a) advisory jurisdiction
(b) appellate jurisdiction
(c) original jurisdiction
(d) writ jurisdiction

Correct Answer is Option (c)
The original jurisdiction of supreme court includes disputes between

• The centre and one or more states; or
• The centre and any state or states on one side and one or more states on the other; or
• Between two or more states.

In the above federal disputes, the supreme court has exclusive original jurisdiction. Meaning, no other count can decide such disputes

Q.4. Which of the following are included in the original jurisdiction of the Supreme Court?    (2012 - I)

1. A dispute between the Government of India and one or more States
2. A dispute regarding elections to either House of the Parliament or that of Legislature of a State
3. A dispute between the Government of India and a Union Territory
4. A dispute between two or more States

Select the correct answer using the codes given below :
(a) 1 and 2
(b) 2 and 3
(c) 1 and 4
(d) 3 and 4

Correct Answer is Option (c)

The Original Jurisdiction of the Supreme Court includes dispute between the Government of India and one or more States, and dispute between two and more States.

Q.5. What is the provision to safeguard the autonomy of the Supreme Court of India?    (2012 - I)

1. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.
2. The Supreme Court Judges can be removed by the Chief Justice of India only.
3. The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote.
4. All appointments of officers and staffs of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India.

Which of the statements given above is/are correct?
(a) 1 and 3
(b) 3 and 4
(c) 4 only
(d) 1, 2, 3 and 4

Correct Answer is Option (a)
1st and 3rd are correct statements thus option (a) is right.

Q.6. Consider the following statements:    (2010)
The Supreme Court of India tenders advice to the President of India on matters of law or fact:

1. on its own initiative (on any matter of larger public interest).
2. if he seeks such an advice.
3. only if the matters relate to the Fundamental Rights of the citizens.

Which of the statements given above is/are correct ?
(a) 1 only
(b) 2 only
(c) 3 only
(d) 1and 2

Correct Answer is Option (b)
According to Article 143 (Power of President to consult Supreme Court).

Q.7. Consider the following statements:     (2005)

1. The Parliament cannot enlarge the jurisdiction of the Supreme Court of India as its jurisdiction is limited to that conferred by the Constitution.
2. The officers and servants of the Supreme Court and High Courts are appointed by the concerned Chief Justice and the administrative expenses are charged on the Consolidated fund of India.

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer is Option (b)
Statement (1) is not correct as according to Article 138(1) of the Constitution, Parliament can enlarge the jurisdiction and powers of the SC w.r.t. to any of the matters in the Union List. Whereas SC’s jurisdiction w.r.t. to any other matter can be enlarged by a special agreement between Government of India and government of the concerned State.

Q.8. The power to enlarge the jurisdiction of the Supreme Court of India with respect to any matter included in the Union List of Legislative Powers rests with:     (2003)
(a) The President of India
(b) The Chief Justice of India
(c) The Parliament
(d) The Union Ministry of Law, Justice and Company Affairs

Correct Answer is Option (c)
Such is the prerogative of the Parliament.

Q.9. The Supreme Court of India tenders advice to the President on a matter of law or fact:   (2001)
(a) on its own initiative
(b) only if he seeks such advice
(c) only if the matter relates to the Fundamental Rights of citizens
(d) only if the issue poses a threat to the unity and integrity of the country

Correct Answer is Option (b)
As per provisions under Article 143

Q.10. The power of the Supreme Court of India to decide disputes between the Centre and the State falls under its:    (1996)
(a) advisory jurisdiction
(b) appellate jurisdiction
(c) original jurisdiction
(d) constitutional jurisdiction

Correct Answer is Option (c)
According to Article 131, The SC has original jurisdiction in any dispute - (a) between the Government of India & one or more States; or (b) between the Government of India and any State or States on one side and one or more other States on the other; or (c) between two or more States.