The Supreme Court — MCQs with Answers (Set 6)

Unlike its other jurisdictions, in its Advisory Jurisdiction the Supreme Court is not constitutionally bound to render an opinion, even when the President refers a matter, though it typically does.

Under its Advisory Jurisdiction, the Supreme Court may, if the President seeks it, give its opinion on a question of law or fact of public importance.

The Supreme Court’s Original Jurisdiction covers disputes directly between the Union and States, or between two or more States, heard without going through a lower court first.

Article 142’s ‘complete justice’ power is a wide discretionary power that ordinary statutory limitations cannot restrict, distinguishing it from the Court’s other jurisdictions.

Article 137 grants the Supreme Court the power to review any of its own judgements or orders, subject to conditions prescribed by the Court.

Retired Chief Justices and Judges of the Supreme Court are entitled to a pension of 50 percent of their last drawn salary.

The Judges (Inquiry) Act, 1968, lays down the detailed procedure for investigating and processing a motion to impeach a Supreme Court or High Court Judge.

Removal of a Supreme Court Judge requires the motion to be supported by a majority of the total membership of each House and by not less than two-thirds of the members present and voting.

The Supreme Court’s seat is New Delhi, though it can sit at other places the Chief Justice of India may, with the President’s approval, appoint.

Article 126 empowers the President to appoint a Judge of the Supreme Court to discharge the duties of Chief Justice when that office is vacant or its holder is temporarily unable to act.

Judges of the Supreme Court are formally appointed by the President of India, under the process laid down in Article 124.

The Minerva Mills judgment held that the harmony and balance between Fundamental Rights and Directive Principles is part of the Constitution’s basic structure.

The Constitution specifically empowers courts to issue five distinct types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto. ‘Injunction’ is a different, more general legal remedy, used more broadly across various areas of Indian civil law. Each of these five specific writs serves a distinct legal function in directly protecting citizens’ Fundamental Rights.

Article 32 gives every citizen a direct constitutional right to approach the Supreme Court whenever their Fundamental Rights are actually violated. Dr Ambedkar considered this specific article so essential that he called it the very ‘heart and soul’ of the entire Constitution. Without this powerful enforcement mechanism, Fundamental Rights would otherwise remain largely symbolic, without any effective means of practical enforcement.

The Supreme Court derives its writ jurisdiction from Article 32, while High Courts derive theirs from the separate Article 226. Article 32 itself is considered so vital that Dr Ambedkar famously called it the very ‘heart and soul’ of the Constitution. This dual court system gives citizens two separate, independent judicial avenues for enforcing their Fundamental Rights.

Courts, particularly the Supreme Court and High Courts, hold the power to directly enforce Fundamental Rights when violated. This judicial role includes reviewing and striking down laws or government actions found to be unconstitutional. This robust protective role has made the judiciary a central pillar in safeguarding individual citizens’ rights against state overreach.

This landmark 1973 ruling directly reversed the Supreme Court’s own earlier position, taken in the 1960 Berubari Union case. The Court held that while the Preamble is indeed part of the Constitution, it remains non-justiciable, meaning it cannot be directly enforced in court on its own. This ruling also established the influential ‘basic structure doctrine’, helping limit Parliament’s power to fundamentally alter the Constitution’s core character.

The Supreme Court of India, the country’s first fully independent apex court, was established under the Constitution of India, effective 26 January 1950.