Of the following statements, which one is not correct?
Correct Answer:
(C)
Supreme Court can hear from any High Court/Tribunals except Court-martial.
Armed Forces Tribunal Act, 2007 provides that the Court Martial can be appealed in the Supreme Court.
Ques:
32
The power to increase the number of Judges in the Supreme Court of India is vested in –
Correct Answer:
(B)
The Parliament
Article 124 of the Constitution provides for the formation of the Supreme Court. The power to increase the number of Judges in the Supreme Court of India is vested in the Parliament.
Ques:
33
A Judge of the Supreme Court may resign his office by writing a letter to –
Correct Answer:
(B)
The President
According to Article 124 (2) (a) of the Indian Constitution, a Judge may, by writing under his hand addressed to the President, resign his office. Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal and shall hold office until he attains the age of sixty-five years.
Ques:
34
How can a Judge of the Supreme Court be removed?
Correct Answer:
(D)
By the President on the recommendation of the Parliament
According to Article 124(4), a Judge of the Supreme Court cannot be removed from his office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity. A person who has been a Judge of the Supreme Court is debarred from practising in any court of Law or before any other authority in India.
Note : Impeachment word is used only to remove the President. The term impeachment is not used to remove a judge of a Supreme Court or a High Court. The word 'Remove' has been used in the constitution to remove them.
Supreme Court
Ques:
35
The Judges of Supreme Court of India are appointed by the President –
Correct Answer:
(D)
In consultation with the Chief Justice of the Supreme Court
According to Article 124(2) of the Indian Constitution every Judge of the Supreme Court shall be appointed by the President after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose. However, in case of appointment of a Judge other than the chief justice, the chief justice of India shall always be consulted. Consultation with the Chief Justice of India was made obligatory by a decision made in 1993. In 1998, the Supreme Court made it clear that Chief Justice of India’s consultation means consultation of collegium which comprises Chief Justice of India and four other senior most Judges.
Ques:
36
Ad hoc Judges are appointed in the Supreme Court when–
Correct Answer:
(D)
There is no quorum of the Judges available to hold or continue any session of the court.
Under Article 127(1) of the Constitution, at any time if there should not be a quorum of the Judges of the Supreme Court available to hold or continue any Session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.
Ques:
37
The power of the Supreme Court of India to decide disputes between the Centre and the State falls under its–
Correct Answer:
(C)
Original jurisdiction
Article 131 of the Constitution of India deals with Original jurisdiction of the Supreme Court. According to this article Supreme Court shall, to the exclusion of any other Court, have original jurisdiction in any dispute–
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one side and one or more States on the other; or
(c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends. Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagements, and or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.
Ques:
38
Which of the following are included in the original jurisdiction of the Supreme Court?
A dispute between the Government of India and one or more States.
A dispute regarding elections to either House of the Parliament or that of Legislature of a state.
A dispute between the Government of India and a Union Territory.
A dispute between two or more States.
Select the correct answer using the codes given below:
Correct Answer:
(C)
1 and 4
Article 131 of the Constitution of India deals with Original jurisdiction of the Supreme Court. According to this article Supreme Court shall, to the exclusion of any other Court, have original jurisdiction in any dispute–
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one side and one or more States on the other; or
(c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends. Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagements, and or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.
Ques:
39
In which of the following cases, Supreme Court held that? “Fundamental Rights enable a man to chalk out his life in the manner he likes best “?
Correct Answer:
(B)
Golaknath Vs. The State of Punjab
The Supreme Court held the above concept in the Case of Golaknath Vs. the State of Punjab.
Ques:
40
Identify the incorrect pair of Case and Ruling in that case by Supreme Court:
Correct Answer:
(D)
Bella Banerjee Case- Right to travel abroad is a part of personal liberty.
Bella Banerjee Case is related to the West Bengal Land Development and Planning Act,1948. Right to travel abroad as a part of personal liberty was considered in the case of Maneka Gandhi (1978). The pair of option (d) is incorrect.