Get notes, summary, questions and answers, MCQs, extras, and PDFs of Chapter 4 “The Supreme Court” which is part of ICSE Class 10 Civics (Morning Star). However, the notes should only be treated as references and changes should be made according to the needs of the students.
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Summary
The chapter on the Judiciary in the provided document outlines the structure, composition, and functions of India’s judicial system, with a focus on the Supreme Court. The judiciary in India operates as a single integrated system, where the Supreme Court stands at the top, overseeing and controlling the functioning of all lower courts. This system ensures uniformity in the application of laws across the country.
The Supreme Court is composed of the Chief Justice of India and up to 33 other judges. These judges are appointed by the President of India, in consultation with other judges and the Council of Ministers. To qualify for appointment, a person must be a citizen of India and meet specific criteria, such as having served as a judge or an advocate for a specified number of years or being recognized as a distinguished jurist.
Judges of the Supreme Court enjoy security of tenure until they reach the age of 65, and they can only be removed through a rigorous impeachment process for proven misbehavior or incapacity. This independence is further safeguarded by several measures, including secure salaries, the freedom to make decisions without external pressure, and protection from public or legislative criticism.
The Supreme Court has several key functions. Its original jurisdiction includes hearing disputes between states or between the central and state governments. It also has the power to enforce fundamental rights, transfer cases, and interpret the Constitution. The appellate jurisdiction allows it to hear appeals on constitutional, civil, and criminal matters from lower courts. Additionally, the Court can advise the President on legal questions, review its own judgments, and exercise judicial review to ensure laws align with the Constitution.
The Supreme Court also serves as a “Court of Record,” meaning its decisions are preserved as precedents and have binding authority on all other courts in the country. It plays a vital role as the guardian of the Constitution, ensuring that the rights of individuals are protected and that the actions of the government remain within constitutional bounds.
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Multiple-Choice Questions
1. What is the maximum number of Judges that can be appointed in the Supreme Court, excluding the Chief Justice of India?
A. 30
B. 33
C. 34
Answer: B. 33
2. What is the term of office of a judge of the Supreme Court?
A. Until he attains 63 years
B. Until he attains 70 years
C. Until he attains 60 years
D. Until he attains 65 years
Answer: D. Until he attains 65 years
3. Which of the following statements about Judiciary in India are correct?
P: There are separate sets of laws for the centre and the States.
Q: The Supreme Court of India consists of a Chief Justice and 25 other judges.
R: The Supreme Court exercises control over the functioning of other courts in India.
S: The judiciary in India is independent of the other two organs of the government i.e., Legislature and Executives.
A. R and S
B. P and Q
C. P and R
D. Q and S
Answer: A. R and S
4. Identify the qualifications for appointment as a Judge of the Supreme Court?
P: He has been for at least ten years a Judge of a High Court or two or more such courts in succession.
Q: He has been an advocate for at least ten years of a High Court or two or more such courts in succession.
R: He is a distinguished jurist in the opinion of the President.
S: He has been a member of important enquiry commissions.
A. P and Q
B. R and S
C. P and R
D. Q and S
Answer: C. P and R
5. The appellate jurisdiction extends to
A. Constitutional cases
B. Criminal cases
C. Civil cases
D. All of the above
Answer: D. All of the above
6. The minimum number of judges to hear and decide a case involving interpretation of the Constitution shall be
A. Ten
B. Four
C. Five
D. Seven
Answer: C. Five
7. Identify the cases in which the Supreme Court holds original Jurisdiction?
P: To hear and determine a dispute between Government of India and one or more States.
Q: In cases involving the violation of the Fundamental Rights of individuals.
R: Appeals in criminal cases.
S: All matters that involve interpretation of the Constitution.
A. P and Q
B. P and R
C. Q and S
D. R and S
Answer: A. P and Q
8. As a “Court of Record” the Supreme Court has the power to
A. punish for contempt of itself
B. fine for collusion of opposing parties
C. declare evidence as indisputable
D. confer titles to appellants
Answer: A. punish for contempt of itself
9. Identify the functions of the Supreme Court of India.
P: To settle disputes between different ministries.
Q: To issue writs for the enforcement of Fundamental Rights.
R: To give its verdict on the interpretation of the Constitution.
S: To advise the Prime Minister of India on any question of law.
A. P and R
B. Q and R
C. Q and S
D. R and S
Answer: B. Q and R
10. What is the full form of “PIL”?
A. Public Interest Law
B. Public Interest Litigation
C. People’s Interest Litigation
D. People’s Interest Law
Answer: B. Public Interest Litigation
11. A detained person has not been produced before the magistrate within 24 hours of arrest. Which legal remedy is available to him/her?
A. Writ of Mandamus
B. Writ of Quo Warranto
C. Writ of Habeas Corpus
D. Writ of Prohibition
Answer: C. Writ of Habeas Corpus
12. If the Supreme Court declares a law made by the Central Government as null and void, which power is used by it?
A. Revisory Jurisdiction
B. Judicial Review
C. Advisory Jurisdiction
D. All of the above
Answer: B. Judicial Review
Short Answer Questions
1. Who determines the strength of the Supreme Court?
Answer: Parliament determines the strength of the Supreme Court.
2. By whom are the Judges of the Supreme Court appointed and how?
Answer: The Judges of the Supreme Court are appointed by the President of India in consultation with the Judges of the Supreme Court and of High Courts, besides the Council of Ministers. In case of the appointment of a Judge other than the Chief Justice, the Chief Justice of India shall be consulted.
3. With reference to the judiciary, what is meant by the term “impeachment”? On what grounds can a judge of the Supreme Court be removed from office?
Answer: The term “impeachment” refers to the process by which a judge of the Supreme Court can be removed from office. A judge can be removed from office on the grounds of proved misbehaviour or incapacity. This removal process is conducted by the President of India after an address by 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 the members of the House present and voting.
4. Who decides the salaries and other emoluments of the Judges of the Supreme Court? Under what circumstances can the salaries and allowances of the Judges of the Supreme Court be reduced?
Answer: The salaries and other emoluments of the Judges of the Supreme Court are decided by Parliament. The salaries and allowances of the Judges of the Supreme Court can be reduced only during periods of financial emergency.
5. Name the types of jurisdiction of the Supreme Court. In case of violation of the Fundamental Rights of individuals, which type of jurisdiction of the Supreme Court is applicable?
Answer: The types of jurisdiction of the Supreme Court are Original Jurisdiction, Appellate Jurisdiction, Advisory Jurisdiction, Revisory Jurisdiction, and Judicial Review. In case of violation of the Fundamental Rights of individuals, the Original Jurisdiction of the Supreme Court is applicable.
6. Mention any one power of the Supreme Court which is not enjoyed by other courts. What happens if either the Parliament or a State Legislature passes any law that is against the Constitution?
Answer: The Supreme Court has the power of Judicial Review, which is not enjoyed by other courts. If either the Parliament or a State Legislature passes any law that is against the Constitution, the Supreme Court can declare the law ‘ultra vires’ or null and void.
7. What is meant by the term ‘Writ’? Name any two writs issued by the Supreme Court.
Answer: A writ is an order from a judicial authority asking a person to perform some act or refrain from performing an act. Two writs issued by the Supreme Court are Habeas Corpus and Mandamus.
8. Who is the protector and final interpreter of the Constitution?
Answer: The Supreme Court is the protector and final interpreter of the Constitution.
9. Mention two types under which an appeal in a criminal case lies to the Supreme Court.
Answer:
- Cases without the certificate of the High Court.
- Cases with the certificate of the High Court.
10. State the difference between the Original jurisdiction and the Appellate jurisdiction.
Answer:
- Original Jurisdiction: It means the power to hear and determine a dispute in the first instance; i.e., those cases which cannot be moved in any court other than the Supreme Court.
- Appellate Jurisdiction: It means the power to grant special leave to appeal against the judgement delivered by any court in the country.
Structured Questions
1. The Supreme Court is the apex court in the entire judicial set up in India. In this context answer the following questions:
(a) What is meant by the term Single Integrated Judicial System?
Answer: By the Single Integrated Judicial System we mean that the Supreme Court is the head of the entire system and not only supervises but also exercises control over the functioning of other courts. There are no separate sets of laws and a single civil and criminal system operates throughout the country. All cases coming from the Lower Courts can be taken to the High Court and ultimately to the Supreme Court, by way of appeal.
(b) Mention three kinds of cases which come under appellate jurisdiction of the Supreme Court.
Answer:
- Constitutional Cases: All matters irrespective of the nature, where a certificate is issued by a High Court that it involves an important point of law and needs interpretation of the Constitution, can be brought before the Supreme Court. If the High Court refuses to give a certificate on such a case the Supreme Court can grant special leave of appeal.
- Civil Cases: Appeals in civil matters lie to the Supreme Court, if the High Court certifies:
- that the case involves a substantial question of law of general importance, and
- that the question needs to be decided by the Supreme Court.
However, if the High Court refuses to give a certificate, the Supreme Court can grant special leave to appeal in suitable cases.
- Criminal Cases: Two types of appeals in criminal cases lie in the Supreme Court:
- Cases without the certificate of the High Court.
- Cases with the certificate of the High Court.
(c) Mention the types of cases that come under Original jurisdiction.
Answer:
- Centre-State or Inter-States Disputes: The Supreme Court has been given exclusive original jurisdiction in any dispute:
- between the Government of India and one or more States; or
- between the Government of India and any State or States on one side and one or more States on the other; or
- between two or more States.
- Protection of Fundamental Rights: The original jurisdiction also extends to cases of violation of the Fundamental Rights of individuals and the court can issue several Writs for the enforcement of these rights. Any individual can approach the Supreme Court in case of violation of a fundamental right.
- Transfer of Cases from Lower Courts: Under Article 139 A, inserted by the 44th Amendment in 1978, the Supreme Court may transfer to itself cases from one or more High Courts, if these involve questions of law or cases are of great importance. The Supreme Court may transfer cases from one High Court to another in the interest of justice.
2. The independence of the judiciary is necessary in a federal democratic set-up. In this context, describe the part played by the following:
(a) Security of Tenure of Office.
Answer: A Judge can remain in office till he/she has attained the age of 65 years. He/She can be removed by the President on the ground of “proved misbehaviour or incapacity.”
(b) Security of Salary and Allowances of the Judges.
Answer: Judges’ salaries, allowances, etc., shall not be changed to their disadvantage during their term of office. The salaries of the Judges cannot be reduced except during periods of financial emergency. Their salaries and allowances are charged on the Consolidated Fund of India and so are not subject to vote of Parliament.
(c) Power to punish for Contempt of itself.
Answer: The Supreme Court can punish for the contempt of court if a person or authority makes an attempt to lower its authority.
3. The Supreme Court has extensive jurisdiction.
(a) What is meant by ‘Appellate Jurisdiction’? Name two types of cases in which an appeal shall lie to the Supreme Court.
Answer: Appellate Jurisdiction means the powers to grant special leave to appeal against the judgement delivered by any court in the country. It is a Court of Appeal which means that it is a court which may change the decision or reduce the sentence passed by the lower courts. The Supreme Court is the final Court of Appeal.
- Constitutional Cases: All matters irrespective of the nature, where a certificate is issued by a High Court that it involves an important point of law and needs interpretation of the Constitution, can be brought before the Supreme Court. If the High Court refuses to give a certificate on such a case the Supreme Court can grant special leave of appeal.
- Criminal Cases: Two types of appeals in criminal cases lie in the Supreme Court:
- Cases without the certificate of the High Court.
- Cases with the certificate of the High Court.
(b) What do you understand by advisory functions of the Supreme Court? State the types of cases where the Supreme Court may be required to express its opinion.
Answer: The Supreme Court has advisory jurisdiction (to give its opinion) on any question of law or fact of public importance as may be referred to it for consideration by the President of India. The Supreme Court may be required to express its opinion in two classes of matters, in an advisory capacity:
- Any question of law may be referred to the Supreme Court if the President considers that the question is of public importance and it is necessary to obtain the opinion of the Supreme Court. Such opinion of the Supreme Court is advisory and not binding on the Government nor is it executable as a judgement of the Supreme Court.
- Disputes arising out of pre-Constitution treaties and agreements which are excluded from original jurisdiction by Article 131.
(c) What is meant by Revisory Jurisdiction of the Supreme Court?
Answer: The Supreme Court under Article 137 is empowered to review any judgement or order made by it with a view to removing any mistake or error that might have crept in the judgement or order. This is because the Supreme Court is a court of record and its decisions are of evidentiary value and cannot be questioned in any court.
4. Discuss how the Constitution has ensured that the Supreme Court acts as:
(a) Custodian of the Constitution.
Answer: The Supreme Court is the interpreter of the Constitution and its decision is final. It has the power to review laws passed by the Union or State legislatures. The Supreme Court can declare a law ‘ultra vires’ or null and void, if it is against the letter and spirit of the Constitution or contravenes any provision of the Constitution. This power is referred to as the power of judicial review. The minimum number of Judges to hear and decide a case involving interpretation of the Constitution shall be five.
(b) Guardian of the Fundamental Rights.
Answer: Any citizen whose rights are violated may move the Supreme Court for the enforcement of the rights. The Supreme Court has the power to issue orders or writs, in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of any of the Fundamental Rights. The Constitution prohibits the State from making any law which takes away or abridges the Fundamental Rights. If it does so, the law shall be declared null and void by the Supreme Court.
(c) A Court of Records and its implication.
Answer: A Court of Record is a court whose judgements are recorded for evidence and testimony. The judgements are in the nature of ‘precedents’, i.e., the High Courts and other Courts are bound to give a similar decision in a similar case. They are not to be questioned when they are produced before any subordinate court. The Supreme Court shall be a “Court of Record” and shall have all the powers of such a court including the power to punish for contempt of itself.
The Court of Record has two implications:
- Its judgements and orders are preserved as record. These can be produced in any court as precedents.
- If a person commits a contempt of court, the court has the authority to punish him. No authority can deprive the court of this right.
5. Supreme Court has many functions to protect the interests of all citizens. In this context, answer the following questions:
(a) What is meant by Judicial Review?
Answer: Judicial Review is the power of the Supreme Court to review laws passed by the Union or State legislatures and declare them null and void, if they go against the provisions of the Constitution.
(b) What is the significance of the power of Judicial Review?
Answer: The Constitution has provided for a balance of powers between the Centre and the States. If the Union government or the State go beyond their limits, the Supreme Court can settle the dispute.
- In a written Constitution a law may be ambiguously worked. The question of interpretation of the Constitution is bound to arise and the Supreme Court only has the power of original jurisdiction.
- The legislature may not possess the wisdom, experience and impartiality which are needed to explain what the law means. This function can be best performed by the Supreme Court.
(c) Mention three ways in which the Constitution ensures the independence of the Judges of the Supreme Court.
Answer:
- Appointment of Judges: Every Judge of the Supreme Court is appointed by the President after consultation with the Cabinet as well as the Judges of the Supreme Court and High Court. Thus, the judiciary and the executive are involved in the appointment of Judges.
- Removal of Judges: The Judges cannot be removed from office by any authority through a normal simple procedure. A judge can be removed by the President only for proved misbehaviour and incapacity. This charge needs to be proved only by a joint address by both Houses of Parliament and supported by a two-thirds majority of members present and voting. The word ‘proved’ is very important. It means that an address can only be presented after an allegation has been thoroughly examined by some impartial tribunal.
- Security of Tenure: A Judge can remain in office till he/she has attained the age of 65 years. He/She can be removed by the President on the ground of “proved misbehaviour or incapacity.”
Picture Study
a. Identify the building in the picture. Where is it located? What is the position of this court in India?
Answer: The building in the picture is the Supreme Court of India. It is located in New Delhi. The Supreme Court of India is the highest judicial authority in the country and the final court of appeal.
b. State three qualifications required to be the judge of this court.
Answer:
- A person must be a citizen of India.
- He/She must have been a judge of a High Court or of two or more such courts in succession for at least five years.
- He/She must have been an advocate of a High Court or of two or more such courts in succession for at least ten years.
c. How does this court maintain the sanctity of the Constitution of India?
Answer: The Supreme Court maintains the sanctity of the Constitution of India by exercising its powers of judicial review, wherein it can declare laws passed by the legislature as null and void if they are found to be unconstitutional. It also acts as the guardian of the Constitution and the protector of Fundamental Rights by ensuring that the actions of the executive and legislature do not infringe upon the rights guaranteed by the Constitution.
Extra/additional MCQs
1. How many judges, including the Chief Justice, did the Supreme Court have after the Supreme Court (Number of Judges) Amendment Act, 2019?
A. 30
B. 31
C. 33
D. 34
Answer: D. 34
49. Who must the Chief Justice of India consult before recommending the transfer of High Court judges?
A. The Prime Minister
B. The President
C. Four seniormost judges of the Supreme Court
D. The Attorney General
Answer: C. Four seniormost judges of the Supreme Court
Extra/additional questions and answers
1. What is the apex court in India’s judiciary system?
Answer: The Supreme Court.
73. What is the role of the Supreme Court in the enforcement of Fundamental Rights?
Answer: The Supreme Court of India plays a pivotal role in the enforcement of Fundamental Rights, as guaranteed by the Constitution. Any citizen whose rights are violated can approach the Supreme Court for redressal. The Court has the authority to issue various types of writs, such as Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari, to enforce these rights. This power is significant because it ensures that the Fundamental Rights of individuals are protected against any violation by the State or other entities. The Constitution explicitly prohibits the State from making any law that abridges these rights, and if such a law is enacted, the Supreme Court has the power to declare it null and void. This function of the Supreme Court upholds the rule of law and ensures that the rights of citizens are safeguarded.
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