Supreme Court — Set 1

Correct Answer: D. January 28, 1950

• **Supreme Court inaugurated — January 28, 1950** = two days after the Constitution came into force (January 26, 1950), the Supreme Court was inaugurated on January 28, 1950. • **Federal Court predecessor** — the Supreme Court succeeded the Federal Court of India established under the Government of India Act, 1935, which had functioned since 1937. • 💡 Option A (August 15, 1947) was India's Independence Day, not the court's inauguration; Option B (January 26, 1950) was the Constitution's commencement date; Option C (November 26, 1949) was Constitution Day (when Constituent Assembly adopted it).

Correct Answer: D. Part V

• **Part V — Union (The Union)** = Part V of the Constitution deals with the Union, including the Executive (Chapter I), Parliament (Chapter II), and Union Judiciary/Supreme Court (Chapter IV). • **Articles 124–147** — Chapter IV of Part V specifically covers the Supreme Court, from its establishment (Article 124) to its ancillary powers. • 💡 Option A (Part IV) contains the Directive Principles of State Policy; Option B (Part VI) deals with the States, including High Courts; Option C (Part III) contains the Fundamental Rights.

Correct Answer: A. Article 124

• **Article 124 — Establishment of Supreme Court** = provides for the establishment and constitution of the Supreme Court of India, consisting of a Chief Justice and other judges. • **Appointment procedure** — Article 124 also lays down that SC judges are appointed by the President after consultation with such judges of the SC and HCs as the President deems necessary. • 💡 Option B (Article 131) deals with the Supreme Court's original jurisdiction in federal disputes; Option C (Article 143) provides for the advisory jurisdiction of the court; Option D (Article 129) designates the Supreme Court as a Court of Record.

Correct Answer: B. 34

• **Maximum strength — 34 judges (including CJI)** = as of 2024, the Supreme Court can have a maximum of 34 judges including the Chief Justice, increased from 31 by the 2019 amendment. • **Parliament's power** — Parliament can increase the number of judges by enacting a law; the original strength in 1950 was only 8 (CJI + 7 judges). • 💡 Option A (31) was the previous sanctioned strength before the 2019 amendment; Option C (33) is not the correct current or previous sanctioned strength; Option D (30) is also not a correct sanctioned strength at any point.

Correct Answer: D. President

• **Supreme Court judges appointed by President** = judges are constitutionally appointed by the President of India under Article 124, using his hand and seal. • **Collegium consultation** — in practice, since the Three Judges Cases, the President acts on the recommendation of the Collegium (CJI + 4 senior-most judges), not independently. • 💡 Option A (Prime Minister) advises the President on many appointments but has no role in judicial appointments; Option B (Law Minister) has no constitutional appointment power over judges; Option C (Chief Justice of India) heads the Collegium that recommends names but the formal appointment is made by the President.

Correct Answer: B. Supreme Court Judgments

• **Collegium System — Supreme Court Judgments** = evolved through judicial interpretation in the Three Judges Cases (1981, 1993, 1998), not through any constitutional amendment or Act of Parliament. • **Three Judges Cases** — First Judges Case (1981), Second Judges Case (1993, established Collegium), Third Judges Case (1998, expanded to 5-member Collegium). • 💡 Option A (Constitutional Amendment) is wrong — no amendment created the Collegium; Option C (Act of Parliament) is wrong — the NJAC Act was struck down in 2015; Option D (Presidential Order) is wrong — the President cannot create a judicial appointment mechanism by executive order.

Correct Answer: D. Citizen of India

• **Citizenship requirement** = the Constitution requires a person to be a citizen of India as one of the qualifications for becoming a Supreme Court judge under Article 124. • **No minimum age** — unlike several other constitutional offices, there is no minimum age prescribed for appointment as a Supreme Court judge. • 💡 Option A (Member of Rajya Sabha) is a qualification for Parliament, not the Supreme Court; Option B (Minimum age of 35) is not prescribed anywhere in the Constitution for SC judges; Option C (Holding a government office) is actually a disqualification — serving government officials typically cannot be judges.

Correct Answer: B. 5 years

• **HC judge for 5 years** = one of the three eligibility routes for becoming an SC judge is being a judge of a High Court (or successive High Courts) for at least 5 years. • **Advocate route — 10 years** — alternatively, being a High Court advocate for 10 years qualifies a person; or the President may appoint a 'distinguished jurist.' • 💡 Option A (3 years) is too short — neither the HC judge nor advocate route requires only 3 years; Option C (7 years) is also not prescribed in the Constitution; Option D (10 years) is the duration for the HC advocate route, not the HC judge route.

Correct Answer: B. Supreme Court only

• **Distinguished Jurist — Supreme Court only** = the provision to appoint an eminent legal scholar as a judge without HC judge or advocate experience is exclusively available for the Supreme Court. • **Not for High Courts** — Article 217, which governs HC judge appointments, does not include the 'distinguished jurist' route, making it a unique SC privilege. • 💡 Option A (Both SC and HC) is wrong — Article 217 for HCs does not include the distinguished jurist provision; Option C (District Courts only) is completely incorrect as District Court appointments are State-level; Option D (High Courts only) is the opposite of the correct answer.

Correct Answer: A. President

• **Oath administered by President** = the President of India administers the oath of office and secrecy to newly appointed Supreme Court judges under Article 124. • **Third Schedule** — the forms of oaths or affirmations for Supreme Court judges are specified in the Third Schedule of the Constitution. • 💡 Option B (Vice-President) administers oath to the President himself when needed, not to SC judges; Option C (Prime Minister) takes oath from the President, not administers oaths to judges; Option D (Chief Justice of India) administers oath to the President during inauguration ceremonies, not to SC judges.