Supreme Court — Set 6

Correct Answer: A. Supreme Court

• **Guardian of the Constitution — Supreme Court** = the Supreme Court is called the Guardian of the Constitution because it has the power to strike down any law or executive action that violates the Constitution. • **Fundamental Rights protector** — through its writ jurisdiction (Article 32), the SC can enforce Fundamental Rights, making it the ultimate guardian of citizens' rights. • 💡 Option B (President) is sometimes called the Guardian of the Constitution but is a constitutional head with limited enforcement powers unlike the SC; Option C (Parliament) represents the people but can itself violate the Constitution; Option D (Prime Minister) is the head of government with no direct constitutional guardian role.

Correct Answer: B. Supreme Court

• **Final interpreter of the Constitution — Supreme Court** = the Supreme Court's interpretation of the Constitution is final and binding on all courts, institutions, and the executive. • **Article 141 basis** — the law declared by the SC binds all courts in India; combined with judicial review under Article 13, the SC's constitutional interpretation is supreme. • 💡 Option A (President) interprets the Constitution in some ceremonial matters but the SC is the final and binding interpreter; Option C (High Courts) interpret the Constitution at the state level but are bound by SC interpretations under Article 141; Option D (Parliament) can amend the Constitution but cannot override the SC's interpretation of constitutional provisions.

Correct Answer: B. Parliament

• **Parliament increases SC judge count** = Parliament has the sole power to increase the number of judges in the Supreme Court by enacting a law, without requiring a constitutional amendment. • **From 8 to 34** — original strength in 1950 was 8 (CJI + 7); gradually increased to 11, then 14, then 18, then 26, then 31, and now 34 as of 2019. • 💡 Option A (Collegium) recommends names for filling existing vacancies but cannot increase the total sanctioned strength; Option C (Chief Justice of India) manages court administration but cannot increase the number of judges by order; Option D (President) appoints judges but does not determine the total number — that power lies with Parliament.

Correct Answer: C. Original Jurisdiction

• **Centre-State disputes — Original Jurisdiction (Article 131)** = disputes between the Government of India and States or between States fall exclusively under the Supreme Court's original jurisdiction. • **First and only court** — unlike appellate jurisdiction where cases come from lower courts, original jurisdiction means the SC is the first (and only) court for these federal disputes. • 💡 Option A (Writ Jurisdiction) is for enforcing Fundamental Rights under Article 32; Option B (Advisory Jurisdiction) is for the President to seek SC opinions under Article 143; Option D (Appellate Jurisdiction) allows SC to hear appeals from lower courts — none are the first court for Centre-State disputes.

Correct Answer: D. Article 143

• **Article 143 — Advisory Jurisdiction** = the President can refer any question of law or fact of public importance to the Supreme Court for its advisory opinion. • **Opinion discretionary** — the SC may or may not give its opinion; however, for questions involving pre-constitutional treaties, the SC must give its opinion (mandatory exception). • 💡 Option A (Article 129) designates the SC as a Court of Record; Option B (Article 131) grants original jurisdiction in federal disputes; Option C (Article 141) makes SC law binding on all courts — none of these deal with the President seeking the SC's opinion.

Correct Answer: B. Article 142

• **Article 142 — Complete justice** = gives the Supreme Court plenary powers to pass any decree or order necessary for doing 'complete justice' in any cause or matter pending before it. • **Unique and broad power** — this power allows the SC to fill gaps in existing law to deliver justice; it has been used in environmental, matrimonial, corporate, and human rights cases. • 💡 Option A (Article 136) grants Special Leave to Appeal — discretionary admission of cases; Option C (Article 32) grants writ jurisdiction specifically for Fundamental Rights; Option D (Article 141) makes SC law binding on all courts — none grants the broad 'complete justice' power of Article 142.

Correct Answer: D. Article 32

• **Article 32 — Writ power of SC** = empowers the Supreme Court to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) for enforcement of Fundamental Rights. • **Itself a Fundamental Right** — Article 32 is guaranteed as a Fundamental Right in Part III — the right to approach the SC for enforcement of other Fundamental Rights. • 💡 Option A (Article 139) enables Parliament to confer additional writ powers on the SC beyond Fundamental Rights; Option B (Article 226) empowers High Courts to issue writs for any purpose, not just Fundamental Rights; Option C (Article 13) makes laws inconsistent with FRs void but does not directly grant writ power.

Correct Answer: B. Article 32

• **Article 32 — 'Heart and Soul' of Constitution** = Dr. B.R. Ambedkar described Article 32 as the 'heart and soul' of the Constitution because without a remedy, Fundamental Rights would be meaningless. • **Guaranteed remedy** — Article 32 makes the right to move the Supreme Court for enforcement of Fundamental Rights itself a Fundamental Right, not just a procedural step. • 💡 Option A (Article 14) guarantees equality before law and equal protection; Option C (Article 19) guarantees six freedoms; Option D (Article 21) protects life and personal liberty — all are Fundamental Rights, but only Article 32 received the specific 'heart and soul' description from Dr. Ambedkar.

Correct Answer: B. 3rd Schedule

• **3rd Schedule — Oaths of Affirmation** = the Third Schedule contains forms of oaths for Union Ministers, MPs, SC Judges, HC Judges, and the Comptroller and Auditor General. • **2nd Schedule comparison** — the Second Schedule deals with provisions relating to salaries, allowances, and privileges of constitutional functionaries — different from the oath forms in the 3rd Schedule. • 💡 Option A (1st Schedule) lists the names of States and Union Territories; Option C (4th Schedule) allocates Rajya Sabha seats to States and UTs; Option D (2nd Schedule) deals with salaries and privileges, not oath forms.

Correct Answer: A. 65 years

• **SC judge retirement age — 65 years** = Supreme Court judges retire at 65 years; High Court judges retire at 62 years — the SC age is 3 years higher. • **No minimum age** — unlike several other constitutional posts, there is no minimum age for appointment as an SC or HC judge specified in the Constitution. • 💡 Option B (70 years) is not the retirement age for SC judges — it is not prescribed for any current constitutional court position; Option C (60 years) is the general government service retirement age, not for SC judges; Option D (62 years) is the retirement age for High Court judges, not Supreme Court judges.