Supreme Court MCQ Quiz - Objective Question with Answer for Supreme Court - Download Free PDF

The correct answer is Article 32.

Key Points:

• Article 32 provides the right to Constitutional remedies which means that a person has the right to move to Supreme Court (and high courts also) for getting his fundamental rights protected. While the Supreme Court has the power to issue writs under Article 32, High Courts have been given the same powers under Article 226.

Important Points:

• Mandamus means "a command" which is issued by the court to enforce fundamental rights whenever a public officer or a government representative has committed an act of violating a person’s fundamental rights.
• Habeas Corpus means “to produce the body”  which is issued to let the court know the grounds of confinement. This protects an individual's Liberty.
• Quo Warranto means "By what authority". It is issued by the court to enquire into the legality of a claim which a person asserts to public office. This writ enables the public to see that a public office is not usurped.
• Certiorari means "to be certified". It is issued to a Lower court after a case has been decided by it, quashing the decision or order by the High court or Supreme court. It ensures that the jurisdiction of an inferior Court or Tribunal is properly exercised.

 Additional Information

The correct answer is The Regulating Act of 1773.

Key Points

• The Regulating Act of 1773 was the first significant step taken by the British Parliament to regulate the affairs of the East India Company in India.
• This Act led to the establishment of the Supreme Court of Judicature at Calcutta in 1774.
• The court had jurisdiction over British subjects in Bengal, Bihar, and Orissa, including employees of the East India Company and Indians associated with them.
• The Supreme Court consisted of a Chief Justice and three other judges, marking the beginning of a structured judiciary in India.
• This Act also laid the foundation for a centralized administrative system in British India.

Additional Information

• Supreme Court of Judicature (1774):
  • Located in Calcutta, it was the first Supreme Court in India, established by the British government.
  • Its establishment was aimed at ensuring justice and addressing the misconduct of East India Company officials.
• Regulating Act of 1773:
  • It marked the beginning of British parliamentary control over the administration of East India Company territories in India.
  • It also created the position of the Governor-General of Bengal, with Warren Hastings being the first to hold this office.
• Charter Acts:
  • The Charter Acts of 1793, 1813, and later years focused on renewing the Company's charter and introducing reforms.
  • They did not establish any judicial systems similar to the Supreme Court of Judicature in 1774.
• Government of India Act 1858:
  • This Act abolished the East India Company and brought Indian territories directly under the British Crown.
  • It did not deal with the establishment of courts but focused on transferring administrative control.

The correct answer is Justice Mohammad Hidayatullah.

Key Points

• Justice Mohammad Hidayatullah served as the Chief Justice of India from February 25, 1968, to December 16, 1970.
• He was the first Chief Justice of the Supreme Court to discharge the functions of the President of India.
• Justice Hidayatullah acted as the President of India temporarily from July 20, 1969, to August 24, 1969, after President Zakir Husain passed away, and before Vice President V.V. Giri was elected as the new President.
• According to Article 65 of the Constitution, the Chief Justice may act as President in the absence of both the President and Vice President.
• Justice Hidayatullah is recognized for his contributions to Indian jurisprudence and his role in maintaining constitutional integrity during a transitional period.

Additional Information

• Article 65 of the Indian Constitution:
  • Provides provisions for the Chief Justice of India or the senior-most judge of the Supreme Court to act as President if both the President and Vice President's offices are vacant.
  • This ensures continuity in governance during transitional periods.
• Presidential Succession:
  • In the event of a vacancy, the Vice President ordinarily assumes the role of Acting President.
  • If the Vice President is unavailable, the Chief Justice or senior-most judge of the Supreme Court steps in.
• Justice Mohammad Hidayatullah's Legacy:
  • Known for his scholarly approach to law and dedication to the principles of justice.
  • He later served as Vice President of India from August 31, 1979, to August 30, 1984.
• Role of the Supreme Court in Indian Governance:
  • The Supreme Court is the highest judicial authority in India.
  • It plays a crucial role in interpreting the Constitution and ensuring checks and balances within the government.

Key Points

• The Supreme Court of India in October 2016 upheld the principle of "equal pay for equal work" as a constitutional right applicable to temporary workers.
• The court observed that temporary workers performing the same duties and responsibilities as permanent employees are entitled to the same pay.
• This decision was aimed at ensuring fairness and reducing exploitation of temporary workers in various sectors.
• The judgment emphasized that the doctrine of equality enshrined in Articles 14, 16, and 39(d) of the Constitution applies to all workers, irrespective of their employment status.

Key Points

• The National Judicial Appointments Commission (NJAC) was declared unconstitutional by the Supreme Court of India on October 16, 2015.
• This decision was made by a Constitution Bench comprising five judges of the Supreme Court in a 4:1 majority.
• The Supreme Court ruled that the NJAC Act and the 99th Constitutional Amendment violated the basic structure doctrine of the Indian Constitution.
• The judgment reinforced the primacy of the Collegium system for judicial appointments in higher judiciary, emphasizing the independence of the judiciary.
• Justice J. Chelameswar dissented from the majority view, supporting the NJAC as a reform measure to bring transparency in judicial appointments.

Additional Information

• Basic Structure Doctrine:
  • This doctrine was established by the Supreme Court in the landmark Keshavananda Bharati case (1973).
  • It states that Parliament cannot amend the Constitution in a way that destroys its fundamental framework.
• Collegium System:
  • The Collegium system is a mechanism for appointments and transfers of judges in the higher judiciary.
  • It is led by the Chief Justice of India and includes the four senior-most judges of the Supreme Court.
• 99th Constitutional Amendment:
  • It sought to replace the Collegium system with the NJAC for judicial appointments.
  • The amendment was passed by Parliament and ratified by the majority of state legislatures before being struck down.

The correct answer is Article 71.

Key Points

• Article 71 of the Indian Constitution states that all doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court.
• This provision ensures that the Supreme Court has the final authority in resolving any issues related to the election of these high offices, maintaining the integrity of the electoral process.
• The mechanism provided in Article 71 helps prevent any political ambiguity regarding the election outcomes, thereby strengthening public trust in the electoral system.
• The Supreme Court of India is the apex court of the Indian judicial system.

Additional Information

• Article 69 deals with the Oath or affirmation by the Vice-President.
• Article 70 discusses the circumstances under which the President can continue in office despite the vacancy.
• Article 68 Time of holding election to fill vacancy in the office of Vice President and the term of office of person elected to fill casual vacancy
• Article 66 deals with the election of the Vice-President.
• Article 54 of the Constitution of India is about the election of the President of India.
• Article 55 of the Indian Constitution outlines the manner of election of the President of India.

The correct answer is Article 32.

Key Points:

• Article 32 provides the right to Constitutional remedies which means that a person has the right to move to Supreme Court (and high courts also) for getting his fundamental rights protected. While the Supreme Court has the power to issue writs under Article 32, High Courts have been given the same powers under Article 226.

Important Points:

• Mandamus means "a command" which is issued by the court to enforce fundamental rights whenever a public officer or a government representative has committed an act of violating a person’s fundamental rights.
• Habeas Corpus means “to produce the body”  which is issued to let the court know the grounds of confinement. This protects an individual's Liberty.
• Quo Warranto means "By what authority". It is issued by the court to enquire into the legality of a claim which a person asserts to public office. This writ enables the public to see that a public office is not usurped.
• Certiorari means "to be certified". It is issued to a Lower court after a case has been decided by it, quashing the decision or order by the High court or Supreme court. It ensures that the jurisdiction of an inferior Court or Tribunal is properly exercised.

 Additional Information

The correct answer is President or some person appointed by him.

Important Points

Oath or Affirmation

• A person appointed as a judge of the Supreme Court, before entering upon his office, has to make and subscribe an oath or affirmation before the President, or some person appointed by him for this purpose. Hence, option 2 is correct.
• In his oath, a judge of the Supreme Court swears:
  1. to bear true faith and allegiance to the Constitution of India;
  2. to uphold the sovereignty and integrity of India;
  3. to duly and faithfully and to the best of his ability, knowledge and judgement perform the duties of the Office without fear or favour, affection or ill-will; and
  4. to uphold the Constitution and the laws.

Additional Information

Qualifications of Judges

• A person to be appointed as a judge of the Supreme Court should have the following qualifications:
  1. He should be a citizen of India.
  2. He should have been a judge of a High Court (or high courts in succession) for five years; or
  3. He should have been an advocate of a High Court (or High Courts in succession) for ten years; or
  4. He should be a distinguished jurist in the opinion of the president.

From the above, it is clear that the Constitution has not prescribed minimum age for appointment as a judge of the Supreme Court.

The correct answer is 26th January 1950.

Key Points

• The Supreme Court in India was established under the Regulating Act, of 1773.
• The Regulating Act of 1773 established a Supreme Court at Fort William, Calcutta.
• Harilal Jekisundas Kania was the first Chief Justice of India.
• The Supreme Court came into existence on 26 January 1950 with the coming into force of the Constitution. The Supreme Court initially functioned from the old Parliament House till it moved to the present building located on Tilak Marg, New Delhi in 1958.
• On 28 January 1950, two days after India became a Sovereign Democratic Republic, the Supreme Court was inaugurated. The inauguration took place in the Chamber of Princes in the old Parliament building where the Federal Court of India sat for 12 years from 1937 to 1950.
• The inauguration took place in the Chamber of Princes in the Parliament building which also housed India's Parliament, consisting of the Council of States and the House of the People.
• In the Chamber of Princes, the Federal Court of India had sat for 12 years between 1937 and 1950.
• This was to be the home of the Supreme Court for years that were to follow until the Supreme Court acquired its own present premises.
• It replaced both the Federal Court of India and the Judicial Committee of the Privy Council.
• The First proceedings took place on 28 January 1950 at 9:45 am.​

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The correct answer is the President of India in consultation with senior judges of Supreme Court and High Court

• The Chief Justice of India (CJI) is appointed by the President of India under clause (2) of Article 124 of the Constitution.
• The chief justice is appointed by the president after consultation with such judges of the Supreme Court and high courts as he deems necessary.
• The other judges are appointed by the president after consultation with the chief justice and such other judges of the Supreme Court and the high courts as he deems necessary. The consultation with the chief justice is obligatory in the case of the appointment of a judge other than Chief justice.
• The basic procedure to be followed for the appointment of CJI is:
  • Appointment to the office of the Chief Justice of India should be of the senior-most Judge of the Supreme Court considered fit to hold the office.
  • The Union Minister of Law, Justice and Company Affairs would, at the appropriate time, seek the recommendation of the outgoing Chief Justice of India for the appointment of the next Chief Justice of India.
  • Whenever there is any doubt about the fitness of the senior-most Judge to hold the office of the Chief Justice of India, consultation with other Judges as envisaged in Article 124 (2) of the Constitution would be made for the appointment of the next Chief Justice of India.
  • After receipt of the recommendation of the Chief Justice of India, the Union Minister of Law, Justice and Company Affairs will put up the recommendation to the Prime Minister who will advise the President in the matter of appointment. 

The correct answer is President.

Key Points

• Supreme Court provisions are mentioned in Part V of the constitution under Article 124 to 147.
• The Judges of the Supreme court are appointed by President. The CJI is appointed by President after consultation with such judges of SC and HC as he deems necessary.
• Qualification of SC Judges-
  • He should be a citizen of India
  • He should have been a judge of HC for five years, or He should have been an advocate of an HC for 10 years or He should be a distinguished jurist in the opinion of the President.
• He can be removed from his office by President on the recommendation of Parliament.

Important Points

• Article 124- Establishment and Constitution of SC
• Article 126-Acting Chief Justice
• Article 127-Ad Hoc Judges
• Article129 - SC to be a court of record
• Article 147- Interpretation of Constitution

Correct Answer Original

The power of the Supreme Court of India to decide the disputes between the Centre and States falls under Original Jurisdiction.

Key PointsOriginal Jurisdiction  

• As a Federal court, the Supreme Court decides disputes between different units of the Indian Federation.
• More elaborately, any dispute between:
  • The Centre and one or more states
  • The Centre and any state or states on one side and one or more states on the other
  • Between two or more states
• In the above federal disputes, the Supreme Court has exclusive original jurisdiction.
• Hence, option 4 is the correct answer.

Important Points

Appellate Jurisdiction  

• The Supreme Court is primarily a court of appeal and hears appeals against the judgments of the lower courts.
• It enjoys a wide appellate jurisdiction which can be classified under four heads:
  • Appeals in constitutional matters
  • Appeals in civil matters
  • Appeals in criminal matters
  • Appeals by special leave

Advisory Jurisdiction 

• The Constitution under Article 143 authorizes the President to seek the opinion of the Supreme Court in the two categories of matters:
  • On any question of law or fact of public importance which has arisen or which is likely to arise
  • On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanador other similar instruments

The Supreme Court of India was established on 26 January 1950.

Key Points

• The Supreme Court of India is the highest judicial court and the final court of appeal under the Constitution of India, the highest constitutional court, with the power of judicial review.
• It came into existence on 26th January 1950 and is located in Tilak Marg, New Delhi.

Additional Information

• The Supreme Court (SC) comprises the Chief Justice and 33 other Judges appointed by the President of India.
• The first Chief Justice of India was Sir Harilal Jekisundas Kania.
• The current Chief Justice of India is Sanjiv Khanna.

Confusion PointsThe Supreme Court of India came into existence on 26th January 1950 and is located in Tilak Marg, New Delhi.

On the 28th of January, 1950, two days after India became the Sovereign Democratic Republic, the Supreme Court was inaugurated (came into being).

The correct answer is the Supreme Court.

• The High Courts of the States come under the jurisdiction of the Supreme Court under India's judicial system.

Key Points

• The Supreme Court, under appellate jurisdiction, conducts hearings against the courts of the lower courts.
• Cases of High Courts are brought to the Supreme Court by constitutional, civil, criminal, and special permission.
• In India, there are 25 High Courts, six having control over more than one State/UT.
• Delhi the Capital of India, has a High Court of its own among the Union Territories.
• Every High Court of India shall consist of a Chief Justice and such other judges as appointed by the President of India.

Additional Information

• The Supreme Court of India is the highest judicial court under the Constitution of India.
• Article 124 provides for the establishment and constitution of the Supreme Court.
• It is Established as the Supreme court of India on 28th January 1950 and its Headquarters in New Delhi.
• Also known as the 'guardian of our Constitution"
• The chief justice of India is the head of the Supreme Court of India.
• Justice Bhushan Ramkrishna Gavai is the current 52nd chief justice of India. 

Important Points

• In order to be named as a Judge of the Supreme Court, 
  • a person must be a citizen of India and must have been a Judge of the High Court or of two or more of those Courts in succession for at least five years, or an Advocate of the High Court or of two or more of those Courts in succession for at least 10 years, or must be a distinguished jurist in the view of the President.
• There are arrangements for the selection of a Justice of the High Court as an ad hoc Judge of the Supreme Court and for the sitting and acting of a Judge of that Court by retired Judges of the Supreme Court or High Courts.​

The correct answer is Option 1

Key Points

•  As per Article 128 of the Constitution of India:
  • The Chief Justice of India (CJI) can, with the prior consent of the President, request a retired judge of the Supreme Court or a retired High Court judge (qualified to be a Supreme Court judge) to sit and act as a judge of the Supreme Court.
  • This arrangement is typically used to handle specific cases or manage judicial workload but only occurs with the consent of the retired judge involved.Hence, Statement 1 is correct.
• Review Powers of High Courts:
  •  While the High Court has limited powers to review its judgments, these are not as broad or constitutionally grounded as the Supreme Court’s review powers.Hence, Statement 2 is incorrect.

Additional Information

• Key Differences:

  •  Although High Courts also have inherent powers to review their own judgments, this is not exactly the same as the Supreme Court's powers. High Courts’ review powers are much more limited in scope.

  • Review of a judgment in a High Court is typically governed by Section 114 of the Code of Civil Procedure (CPC) and Order 47, which allows for review under specific circumstances such as discovery of new and important evidence or an apparent error on the face of the record. However, it applies primarily to civil cases, not criminal or constitutional matters.

  • Constitutional Judgment: The Supreme Court’s review powers include constitutional, criminal, and civil cases, whereas High Courts generally review under specific conditions in civil matters only.

  • Finality: The Supreme Court’s judgments are treated as final, and its review power is a constitutional safeguard, but a High Court judgment can still be appealed to the Supreme Court, limiting its finality.
  • Natur e of Judgments: The High Court’s review scope is more procedural (to correct errors or new evidence), whereas the Supreme Court’s review power extends across a wider range of matters, including constitutional interpretations.