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Question 1 of 5
1. Question
Consider the following statements.
- The Supreme Court was created under the Constitution, and is a relatively new court than some of the High Courts in India.
- Supreme Court is superior to the High Court and a High Court judge is subordinate of a Supreme Court judge.
- The High Courts can provide remedies in all cases arising under the constitutional law, the civil law and the criminal law.
Which of the above statements is/are correct?
Correct
Solution: c)
The High Courts and the Supreme Court form one single integrated judiciary having jurisdiction and providing remedies in all cases arising under the constitutional law, the civil law or the criminal law.
The Supreme Court was created under the Constitution, and is a relatively new court. On the other hand, some of the High Courts in our country have been in existence since the 1860s.
The Indian Constitution envisaged the equality of power of High Court judges and Supreme Court judges, with a High Court judge not being a subordinate of a Supreme Court judge.
The Supreme Court has, on many occasions, reiterated the position that the Supreme Court is superior to the High Court only in the appellate sense.
Incorrect
Solution: c)
The High Courts and the Supreme Court form one single integrated judiciary having jurisdiction and providing remedies in all cases arising under the constitutional law, the civil law or the criminal law.
The Supreme Court was created under the Constitution, and is a relatively new court. On the other hand, some of the High Courts in our country have been in existence since the 1860s.
The Indian Constitution envisaged the equality of power of High Court judges and Supreme Court judges, with a High Court judge not being a subordinate of a Supreme Court judge.
The Supreme Court has, on many occasions, reiterated the position that the Supreme Court is superior to the High Court only in the appellate sense.
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Question 2 of 5
2. Question
The Supreme Court of India has been assigned a very significant role in the Indian democratic political system. Which of the following are the roles and functions of the Supreme Court?
- It is a federal court
- It is the highest court of appeal
- It is the guarantor of the fundamental rights of the citizens
- It is the guardian of the Constitution.
Select the correct answer code:
Correct
Solution: d)
The Supreme Court has been assigned a very significant role in the Indian democratic political system. It is a federal court, the highest court of appeal, the guarantor of the fundamental rights of the citizens and guardian of the Constitution.
Incorrect
Solution: d)
The Supreme Court has been assigned a very significant role in the Indian democratic political system. It is a federal court, the highest court of appeal, the guarantor of the fundamental rights of the citizens and guardian of the Constitution.
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Question 3 of 5
3. Question
Consider the following statements.
- The parallel judicial systems of courts and tribunals can provide for direct appeals to the Supreme Court, bypassing the High Courts.
- The Collegium has the power to transfer judges and chief justices from one High Court to another.
- The High courts in India were created based on the provisions of Indian Independence Act, 1947.
Which of the above statements is/are correct?
Correct
Solution: b)
The Supreme Court (or rather, a section of its judges, called “the Collegium”) has the power to appoint judges and chief justices to the High Courts and the Supreme Court. This Collegium also has the power to transfer judges and chief justices from one High Court to another. Second, successive governments have passed laws that create parallel judicial systems of courts and tribunals which provide for direct appeals to the Supreme Court, bypassing the High Courts.
The Supreme Court was created under the Constitution, and is a relatively new court. On the other hand, some of the High Courts in our country have been in existence since the 1860s (and some existed even before that).
Incorrect
Solution: b)
The Supreme Court (or rather, a section of its judges, called “the Collegium”) has the power to appoint judges and chief justices to the High Courts and the Supreme Court. This Collegium also has the power to transfer judges and chief justices from one High Court to another. Second, successive governments have passed laws that create parallel judicial systems of courts and tribunals which provide for direct appeals to the Supreme Court, bypassing the High Courts.
The Supreme Court was created under the Constitution, and is a relatively new court. On the other hand, some of the High Courts in our country have been in existence since the 1860s (and some existed even before that).
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Question 4 of 5
4. Question
Consider the following statements regarding Writ Jurisdiction
- The writ jurisdiction of the Supreme Court is exclusive.
- The High Court can issue writs not only for the enforcement of the fundamental rights but also for other purposes.
- An aggrieved citizen can directly go to the Supreme Court, not necessarily by way of appeal.
Which of the above statements is/are incorrect?
Correct
Solution: a)
Writ Jurisdiction
The Supreme Court is empowered to issue writs including habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of the fundamental rights of an aggrieved citizen. In this regard, the Supreme Court has original jurisdiction in the sense that an aggrieved citizen can directly go to the Supreme Court, not necessarily by way of appeal. However, the writ jurisdiction of the Supreme Court is not exclusive.
There is a difference between the writ jurisdiction of the Supreme Court and that of the high court. The Supreme Court can issue writs only for the enforcement of the Fundamental Rights and not for other purposes. The high court, on the other hand, can issue writs not only for the enforcement of the fundamental rights but also for other purposes. It means that the writ jurisdiction of the high court is wider than that of the Supreme Court. But, the Parliament can confer on the Supreme Court, the power to issue writs for other purposes also.
Incorrect
Solution: a)
Writ Jurisdiction
The Supreme Court is empowered to issue writs including habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of the fundamental rights of an aggrieved citizen. In this regard, the Supreme Court has original jurisdiction in the sense that an aggrieved citizen can directly go to the Supreme Court, not necessarily by way of appeal. However, the writ jurisdiction of the Supreme Court is not exclusive.
There is a difference between the writ jurisdiction of the Supreme Court and that of the high court. The Supreme Court can issue writs only for the enforcement of the Fundamental Rights and not for other purposes. The high court, on the other hand, can issue writs not only for the enforcement of the fundamental rights but also for other purposes. It means that the writ jurisdiction of the high court is wider than that of the Supreme Court. But, the Parliament can confer on the Supreme Court, the power to issue writs for other purposes also.
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Question 5 of 5
5. Question
Consider the following statements.
- The Constitution of India places the appointment of district judges in the domain of the states.
- High Courts exercise jurisdiction over the subordinate judiciary in the state.
- District judges are selected through a process conducted by the State Public Service Commissions and the concerned High Court.
Which of the above statements is/are correct?
Correct
Solution: d)
How are district judges currently recruited?
Articles 233 and 234 of the Constitution of India deal with the appointment of district judges, and place it in the domain of the states.
The selection process is conducted by the State Public Service Commissions and the concerned High Court, since High Courts exercise jurisdiction over the subordinate judiciary in the state. Panels of High Court judges interview candidates after the exam and select them for appointment.
All judges of the lower judiciary up to the level of district judge are selected through the Provincial Civil Services (Judicial) exam. PCS(J) is commonly referred to as the judicial services exam.
Incorrect
Solution: d)
How are district judges currently recruited?
Articles 233 and 234 of the Constitution of India deal with the appointment of district judges, and place it in the domain of the states.
The selection process is conducted by the State Public Service Commissions and the concerned High Court, since High Courts exercise jurisdiction over the subordinate judiciary in the state. Panels of High Court judges interview candidates after the exam and select them for appointment.
All judges of the lower judiciary up to the level of district judge are selected through the Provincial Civil Services (Judicial) exam. PCS(J) is commonly referred to as the judicial services exam.
