Supreme Court — Set 5

Correct Answer: C. P.N. Bhagwati

• **P.N. Bhagwati — Pioneered PIL in India** = Justice P.N. Bhagwati (17th CJI) pioneered Public Interest Litigation in India, along with Justice V.R. Krishna Iyer, by relaxing the rule of locus standi. • **Locus standi relaxed** — traditionally only an aggrieved party could approach court; PIL allows any public-spirited person to file a petition on behalf of disadvantaged groups. • 💡 Option A (M. Hidayatullah) was the 11th CJI known for constitutional law, not PIL pioneering; Option B (R.S. Pathak) was the 18th CJI; Option D (A.N. Ray) was the 14th CJI known for the controversial supersession of judges issue in 1973, not PIL.

Correct Answer: A. Rupa Ashok Hurra case

• **Curative Petition — Rupa Ashok Hurra case (2002)** = the concept was judicially evolved in Rupa Ashok Hurra vs. Ashok Hurra (2002), providing a last-resort remedy after a review petition is dismissed. • **Final judicial remedy** — after SC judgment → Review Petition → if dismissed → Curative Petition; there is no further judicial remedy after curative petition is rejected. • 💡 Option B (Maneka Gandhi case, 1978) expanded the right to life under Article 21; Option C (Kesavananda Bharati case, 1973) established the Basic Structure doctrine; Option D (Minerva Mills case, 1980) reinforced the Basic Structure doctrine — none of these cases created the curative petition concept.

Correct Answer: A. British Privy Council

• **SC replaced British Privy Council** = the Supreme Court of India replaced the British Privy Council as the highest court of appeal for Indian cases in 1949–1950. • **Abolition of Privy Council Jurisdiction Act, 1949** — Parliament passed this Act in 1949 to abolish the jurisdiction of the Privy Council over Indian appeals, effective from January 26, 1950. • 💡 Option B (Federal Court only) misses the Privy Council which was also replaced — the complete answer includes both; Option C (House of Lords) is the highest court in the UK but never heard Indian appeals; Option D (High Court of Calcutta) was never the apex court of India.

Correct Answer: B. Parliament

• **Parliament determines SC judges' salaries** = Parliament, by law, determines the salaries, allowances, leave entitlements, and pension of SC judges as per Article 125. • **Cannot be reduced after appointment** — once appointed, a judge's salary and allowances cannot be varied to their disadvantage, except during a Financial Emergency (Article 360). • 💡 Option A (Pay Commission) makes recommendations on salaries for government employees but does not determine judicial salaries by law; Option C (President) promulgates ordinances and makes appointments but does not determine judicial pay; Option D (Finance Minister) presents the budget but Parliament as a whole determines judges' salaries.

Correct Answer: D. Third Schedule

• **Third Schedule — Oaths and Affirmations** = contains the forms of oaths or affirmations for various constitutional functionaries including Supreme Court judges. • **SC judge's oath content** — the judge swears/affirms to bear true faith and allegiance to the Constitution, uphold its dignity, and perform duties without fear, favour, affection or ill-will. • 💡 Option A (Fifth Schedule) deals with administration of Scheduled Areas and Scheduled Tribes; Option B (Second Schedule) contains provisions about salaries, allowances, privileges of constitutional functionaries; Option C (Fourth Schedule) deals with allocation of Rajya Sabha seats.

Correct Answer: B. President

• **SC judge's resignation — addressed to President** = under Article 124(2), a Supreme Court judge who wishes to resign must address his resignation letter to the President of India. • **Accepted by President** — the resignation takes effect from the date it is accepted by the President, or as specified in the resignation letter. • 💡 Option A (Speaker of Lok Sabha) receives resignations of Lok Sabha members, not SC judges; Option C (Prime Minister) receives Cabinet resignations, not judicial resignations; Option D (Chief Justice of India) does not accept judge resignations — the Constitution clearly specifies the President as the addressee.

Correct Answer: A. President

• **Acting CJI — Appointed by President (Article 126)** = when the CJI's office is vacant or the CJI is absent or unable to perform duties, the President appoints an Acting CJI. • **Senior-most judge by convention** — by convention, the President appoints the senior-most SC judge as Acting CJI; this is convention, not a constitutional mandate. • 💡 Option B (Outgoing CJI) does not formally appoint the Acting CJI — the convention is the outgoing CJI recommends but the formal appointment is the President's; Option C (Law Minister) has no constitutional role in appointing the Acting CJI; Option D (Collegium) recommends names for regular appointments but not specifically for the Acting CJI position.

Correct Answer: C. Constitution (Article 138)

• **Article 138 — Parliament enlarges SC jurisdiction** = empowers Parliament to confer additional jurisdiction and powers on the Supreme Court regarding matters in the Union List or through agreement with State Governments. • **Two routes** — Parliament can expand SC jurisdiction (1) unilaterally for Union List matters, or (2) by special agreement between the Government of India and a State Government. • 💡 Option A (Supreme Court itself) cannot expand its own jurisdiction — that would violate the doctrine of Separation of Powers; Option B (President) appoints judges and gives consent to rules but cannot unilaterally expand SC jurisdiction; Option D (Law Commission) makes recommendations but has no power to actually expand SC jurisdiction.

Correct Answer: D. English only

• **SC language — English only (Article 348)** = Article 348(1) mandates that all proceedings in the Supreme Court shall be conducted in the English language. • **Parliament can change it** — Article 348(1) allows Parliament to change this by law, but Parliament has not yet passed any law to permit Hindi or other languages in the SC. • 💡 Option A (Any scheduled language) is allowed in High Courts if the Governor permits, but NOT in the Supreme Court without Parliament's law; Option B (Hindi and English) is not the correct answer as Hindi use in the SC requires a Parliamentary law that has not been enacted; Option C (Hindi only) has never been the language of SC proceedings.

Correct Answer: D. 99th Amendment

• **99th Amendment — Struck down (2015)** = the Supreme Court, in a 4:1 majority judgment in the Fourth Judges Case (2015), declared the 99th Constitutional Amendment Act unconstitutional. • **NJAC struck down** — the 99th Amendment had established the National Judicial Appointments Commission (NJAC) to replace the Collegium; the SC ruled it violated the basic structure (judicial independence). • 💡 Option A (101st Amendment) introduced GST in 2016; Option B (97th Amendment) dealt with cooperative societies in 2011; Option C (100th Amendment) ratified the Land Boundary Agreement with Bangladesh in 2015 — none of these relate to the NJAC.