Suprim Court

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1. From which source India got concept of Single order of court?

(A) Government of India Act, 1935

(B) Government of India Act, 1919

(C) Pitts India Act, 1773

(D) None of the following

Answer A

Explanation: Government of India Act, 1935

2. Which of the following statement is not true about India's Supreme Court?

(A) Article 124 to 147 and Part V of the Indian Constitution informs about the composition and
powers of the Supreme Court?

(B) The Supreme Court was inaugurated on January 28, 1950

(C) At present there are 35 judges in the Supreme Court

(D) Judges of Supreme Court are appointed by the President of India

Answer C

Explanation: At present there are 31 judges in the Supreme Court since 2009.

3. Which qualification is wrong for being a judge in the Supreme Court?

(A) It is compulsory to be a citizen of India.

(B) He should be a respected jurist in the eyes of Parliament

(C) Must be a judge in the High Court for at least 5 years

(D) He should be a lawyer in the High Court for at least 10 years

Answer B

Explanation: In the eyes of the President, he should be a respected jurist.


4. Which statement regarding the tenure of judges of Supreme Court is not correct?

(A) Judge of the Supreme Court can remain in office till the age of 65 years.

(B) Judge of the Supreme Court, gives his resignation letter to the Chief Justice

(C) On the recommendation of Parliament he can be removed by the President.

(D) Supreme Court judge can be removed only in the condition of misconduct.

Answer B

Explanation: A judge of the Supreme Court gives his resignation letter to the President.

5. Who can remove the Judge of the Supreme Court?

(A) Chief Justice of the Supreme Court

(B) Only President

(C) Only Parliament

(D) Both Parliament and President

Answer D

Explanation: The proposal for the removal of the judge should be passed with a special majority
in both the Houses of Parliament, while the decision to remove from the post is taken by the
President.

6. What is the current salary of Chief Justice of the Supreme Court?

(A) 1.10 lakhs Rupees

(B) 1 lakh Rupees

(C) 90,000 Rupees

(D) 1.25 lakhs Rupees

Answer B

Explanation: From the year 2009, the Chief Justice of the Supreme Court gets salary of Rs. 1
lakh.
7. The President can declare a judge an executive chief justice of the Supreme Court of
India when ...

(A) The post of Chief Justice is vacant

(B) Chief Justice is temporarily absent

(C) Chief Justice is unable to discharge his obligations

(D) All of the above

Answer D

Explanation: All the above

8. Who among the following has the right to establish the bench of Supreme Court
elsewhere in the country?

(A) The Chief Justice of the Supreme Court

(B) The President of India

(C) The Parliament

(D) Chief Justice of the Supreme Court has the right to allow to establish the bench of the
Supreme Court elsewhere in the country with prior approval of the President.

Answer D

Explanation: The Chief Justice of the Supreme Court has the right to seek the permission of the
President before setting up the Supreme Court bench elsewhere in the country.

9. Which of the following Article talks about the establishment of the Supreme Court?

(A) Article 176

(B) Article 153

(C) Article 124

(D) Article 324

Answer C

Explanation: Article 124


10. Which of the following is not matched correctly?

(A) Article 145: salary of judges

(B) Article 143: Power of President to consult with Supreme Court

(C) Article 141: orders of Supreme Court is applicable to all courts of India

(D) Article 139: Power of Supreme Court to issue writ petition

Answer A

Explanation: Article 145 is related to rules of Supreme Court not the salary of judges.

1) When was the Supreme Court of India first inaugurated?

a) 15th August, 1947


b) 26th November, 1949
c) 28th January, 1950
d) 30th January, 1949

ANSWER: c) 28th January, 1950

The Supreme Court followed the Federal Court of India which was founded under the Government of
India Act, 1935.
2) Which is the highest judicial authority in India whose decisions are binding on all
courts?

a) Supreme Court
b) Parliament
c) Law Minister
d) Lok Sabha

ANSWER: a) Supreme Court

The decisions of the Supreme Court are binding on all courts, because it is at the apex of
our judicial system.

3) How many judges are there in the Supreme Court?

a) 26 judges including the Chief Justice of India


b) 30 judges including the Chief Justice of India
c) 31 judges including the Chief Justice of India
d) 49 judges including the Chief Justice of India

ANSWER: c) 31 judges including the Chief Justice of India

By the Supreme Court (Number of Judges) Amendment Act, 2008, the number of judges
has been increased from 26 to 31, including the Chief Justice of India.

4) Who appoints the judges of the Supreme Court?

a) Prime Minister
b) Chief Justice of India
c) Lok Sabha
d) President

ANSWER: d) President

It is the President who appoints the judges of the Supreme Court. The Chief Justice of
India is appointed by the President on the advice of judges of Supreme Court and High
Court.
5) Which among the following is NOT a criteria for being eligible to be a judge of the
Supreme Court?

a) judge of one high court or more (continuously), for at least five years
b) an advocate of Supreme Court for at least ten years
c) a distinguished jurist in the opinion of the president
d) above 40 years of age

ANSWER: d) above 40 years of age

The Constitution of India does not prescribe a minimum age for being a judge in the
Supreme Court of India .

6) Who is appointed as the Chief Justice of India?

a) The President appoints the Chief Justice of India on his sole discretion
b) The senior-most judge of the Supreme Court is appointed as the Chief Justice of India
c) The panel of judges of Supreme Court elect a Chief Justice of India from amongst themselves
d) The Chief Justice of India is elected by the voting of Lok Sabha members

ANSWER: b) The senior-most judge of the Supreme Court is appointed as the Chief
Justice of India

In the Second Judges case (1993), it was declared by the Supreme Court that only the
senior-most judge of the Supreme Court shall be appointed as a Chief Justice of India.

This practice has been violated twice: in 1973 A.N. Ray was appointed as a CJI and in 1977
M.U. Beg was appointed as a CJI, despite the fact that they were not the senior-most judges
of the Supreme Court at that time.
7) What among the following statements is NOT true about the procedure to remove the
judge of a Supreme Court of India?

1. The judge of the Supreme Court may be removed from his current office by an order of the
President
2. There are only two grounds of removal : incapacity or proved misbehavior
3. So far, no judge of the Supreme Court has been removed by impeachment
4. The procedure for the removal of the judges is regulated by the Judges Enquiry Act (1968)

a) Only 1
b) Only 2
c) Only 2 and 4
d) All are true

ANSWER: d) All are true

It is true that so far no judge of the Supreme Court has been removed by impeachment, but
there was one single case of impeachment that was put forth in the Lok Sabha against V
Ramaswami (1991-1993)

8) Where is the declared seat of the Supreme Court situated?

a) Delhi
b) Mumbai
c) Chandigarh
d) Allahabad

ANSWER: a) Delhi

The Constitution of India has declared Delhi to be the seat of the Supreme Court.
But the Chief Justice of India, on the advice of the President, can declare any other place to
be seat of the Supreme Court of India.
9) Which among the following statements is/are NOT true?

1. Supreme Courts can issue writs that relate with only the Fundamental Rights of citizens
2. High Courts can issue writs on issues that relate with the Fundamental Rights of citizens as
well as for other reasons
3. The jurisdiction with regards to writs is wider for the High Courts as compared to Supreme
Court of India
4. The writ jurisdiction of the Supreme Court can be extended by the Parliament, but never
decreased

a) Only 1
b) Only 1, 2 and 3
c) Only 4
d) All are true

ANSWER: d) All are true

10) What does the writ of habeas corpus mean?


a) the arrested person must be brought before the court, that holds the right to set the person free
if the grounds of arrest are found to be faulty.
b) it is issued when an office holder is found to misuse his duties
c) it is issued by higher courts when they find that lower courts have made judgments beyond
their powers of jurisdiction
d) it is issued when the court finds that the office holder is illegally holding that position

ANSWER: a) the arrested person must be brought before the court, that holds the right to
set the person free if the grounds of arrest are found to be faulty.

11) What does the writ of Prohibition mean?

a) the arrested person must be brought before the court, that holds the right to set the person free
if the grounds of arrest are found to be faulty.
b) it is issued when an office holder is found to misuse his duties
c) it is issued by higher courts when they find that lower courts have made judgments beyond
their powers of jurisdiction
d) it is issued when the court finds that the office holder is illegally holding that position

ANSWER: c) it is issued by higher courts when they find that lower courts have made
judgments beyond their powers of jurisdiction
12) What does the writ of Mandamus mean?

a) the arrested person must be brought before the court, that holds the right to set the person free
if the grounds of arrest are found to be faulty.
b) it is issued when an office holder is found to misuse his duties
c) it is issued by higher courts when they find that lower courts have made judgments beyond
their powers of jurisdiction
d) it is issued when the court finds that the office holder is illegally holding that position

ANSWER: b) it is issued when an office holder is found to misuse his duties

13) What does the writ of Quo warranto mean?

a) it is issued when an office holder is found to misuse his duties


b) it is issued when a court wants to order a lower court or similar authority to transfer some
matter pending before it to other courts or other authorities
c) it is issued by higher courts when they find that lower courts have made judgments beyond
their powers of jurisdiction
d) it is issued when the court finds that the office holder is illegally holding that position

ANSWER: d) it is issued when the court finds that the office holder is illegally holding that
position

14) What does the writ of Certiorari mean?

a) it is issued when an office holder is found to misuse his duties


b) it is issued when a court wants to order a lower court or similar authority to transfer some
matter pending before it to other courts or other authorities
c) it is issued by higher courts when they find that lower courts have made judgments beyond
their powers of jurisdiction
d) it is issued when the court finds that the office holder is illegally holding that position

ANSWER: b) it is issued when a court wants to order a lower court or similar authority to
transfer some matter pending before it to other courts or other authorities.
15) What does the term 'judicial review' mean?

a) A review of the judicial structure of the system


b) it is the authority vested in the hands of Supreme Court to examine whether some legislative
enactments or executive orders of both Central and State governments is following the
Constitution of India or not
c) Judicial review means the power vested in High Courts to challenge Supreme Court of India
d) none of the above

ANSWER: b) it is the authority vested in the hands of Supreme Court to examine whether
some legislative enactments or executive orders of both Central and State governments is
following the Constitution of India or not

The judicial reviews seeks to put checks on the powers of Executive and Legislature with
regards to the principles laid down in the Constitution of India

16) Who was the first Chief Justice of India?

a) Mehr Chand Mahajan


b) H.J. Kania
c) Y. V. Chandrachud
d) H. L. Dattu

ANSWER: b) H.J. Kania

The first Chief Justice of India was H.J. Kania, who served from 26 January 1950 to 6th
November 1951, and died during his office term.

Y.V. Chandrachud was the longest serving Chief Justice of India, serving from February
1978 to July 1985.

The current Chief Justice of India is H. L. Dattu, who was appointed to office on 28.09.2014
Supreme Court of India
Appointment of Supreme Court Judge

? The senior most judge of the Supreme Court is appointed as the Chief
Justice of India.

? Other judges are appointed by the President after consultation with such
judges of the Supreme Court and of the High Courts as the President may
deem necessary.

? In a landmark judgement, the Supreme Court in the "Supreme Court


Advocates-on-Record Association vs. Union of India" case, 1993, held that
the Chief Justice's opinion in the appointment of the judges of the Supreme
Court and in the appointment and transfer of the judges of the High Court
shall enjoy primacy.

Qualifications of Supreme Court Judge

? Citizen of India.
? Have been a judge of High Court for 5 yrs or an advocate of High Court for
10 yrs minimum or in President's view, a distinguished jurist of the country

Term & Salary of Supreme Court Judge

? The Chief Justice & other judges hold office till 65 yrs of age.
? Can give resignation to President.
? Can be removed by the Parliament.
? After retirement, a judge of Supreme Court cannot plead or act before any
authority.
? Supreme Court Judge Salary:
? Chief Justice - Rs.1,00,000 per month
? Other Judges - Rs.90,000 per month

Removal of Supreme Court Judges

? A motion seeking the removal of the judge can be preferred before either
House of the Parliament.
If it is to be introduced in the Lok Sabha, it should be signed in by not less
than 100 members of the Lok Sabha.If it is to be introduced in the Rajya
Sabha, the motion should be signed in by not less than 50 members.The
resolution should be supported by a majority of total membership of both
the houses & by 2/3 majority of the members present & voting.

Other Points of Supreme Court of India

? The Chief Justice can appoint ad hoc judges in the Supreme Court after the
consent of President; important aspect is they should be qualified to do so.

? The Chief Justice, with the previous consent of the President, may request
a retired Judge of the Supreme Court or a retired judge of a High Court who
is duly qualified to be appointed as a judge of the Supreme Court, to sit and
act as a judge of the Supreme Court.

? Supreme Court normally sits in New Delhi. Can hold its meetings outside if
the decision is taken by Chief Justice on consultation with the President.

Independence of Judges

The Constitution has ensured this by:

? Salaries from Consolidated Fund.

? Salaries cannot be changed to their disadvantage.

? Removal difficult.

? Cannot practice after retirement.

? Decision & actions of judges cannot be criticized & the person doing so can
be punished.

? Conduct of judges cannot be discussed in Parliament.

? President cannot appoint judges of the Supreme Court himself, he has to


consult the judges also.

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