Supreme Court — Set 7

Correct Answer: A. Special Majority

• **SC judge removal — Special Majority** = removal requires a Special Majority in both Houses independently — a majority of total membership AND not less than two-thirds of members present and voting. • **Both Houses required** = both the Lok Sabha and Rajya Sabha must separately pass the address with special majority before the President can issue the removal order. • 💡 Option B (Absolute Majority) means majority of the House's total membership only, without the 2/3 requirement — less stringent than Special Majority; Option C (Effective Majority) means majority of effective strength (excluding vacant seats) and is less stringent; Option D (Simple Majority) means majority of members present and voting only — the least stringent of all.

Correct Answer: B. All courts within the territory of India

• **Article 141 — SC law binding on all courts** = the law declared by the Supreme Court is binding on all courts within the territory of India — the doctrine of precedent (Stare Decisis). • **SC can overrule itself** — the SC itself is not strictly bound by its own earlier decisions; a larger Constitutional Bench can overrule decisions of a smaller bench. • 💡 Option A (Supreme Court itself) is NOT bound by its own precedents — it can overrule by a larger bench, making this answer wrong; Option C (Only subordinate courts) misses the HCs which are also bound; Option D (Only High Courts) misses district courts and all other subordinate courts.

Correct Answer: A. Parliament

• **Parliament determines SC judge salaries** = Parliament, by law, determines salaries and allowances of SC judges; these are charged on the Consolidated Fund of India (non-votable). • **Security after appointment** — a judge's salary and conditions of service cannot be varied to their disadvantage after their appointment to protect them from executive pressure. • 💡 Option B (Finance Commission) recommends tax distribution between Centre and States but does not determine judicial salaries; Option C (President) appoints judges but Parliament determines their pay; Option D (Pay Commission).

Correct Answer: C. Government of India Act, 1935

• **Federal Court predecessor — GOI Act 1935** = the Federal Court of India was established under the Government of India Act, 1935 and functioned from October 1937 until January 28, 1950. • **SC replaced both** — the Supreme Court replaced both the Federal Court of India and the British Privy Council as India's highest judicial authority in 1950. • 💡 Option A (Charter Act, 1833) introduced centralised British India governance and English as official language but did not establish the Federal Court; Option B (Regulating Act, 1773) was the first Act to regulate East India Company; Option D (Indian Independence Act, 1947) granted independence but the Federal Court was already established under the 1935 Act.

Correct Answer: A. Court of Record

• **Court of Record — Contempt power** = the Supreme Court's contempt power (to punish for contempt of court) derives from its status as a 'Court of Record' under Article 129. • **Perpetual memory** — as a Court of Record, its acts and proceedings are recorded for perpetual memory and can be admitted as evidence in any proceeding without further proof. • 💡 Option B (Highest Court of Appeal) describes the SC's appellate position but contempt power comes from Court of Record status, not from appellate position; Option C (Federal Court) was the SC's predecessor but this is about the basis for the SC's current contempt power; Option D (Constitutional Court) describes the SC's role in constitutional matters but is not the source of contempt powers.

Correct Answer: D. Chief Justice of India

• **CJI — Master of the Roster** = the Chief Justice of India is the 'Master of the Roster', meaning only the CJI has the exclusive prerogative to constitute benches and allocate cases. • **Other judges cannot claim this right** — SC judges cannot claim the right to hear specific cases; the CJI alone decides bench composition, protecting the court from manipulation. • 💡 Option A (Registrar General) is the senior administrative officer of the SC but has no authority over Roster constitution; Option B (President) appoints judges but has no role in Roster management; Option C (Full Court) makes rules under Article 145 but cannot collectively override the CJI's Roster prerogative.

Correct Answer: C. Curative Petition

• **Curative Petition — after Review Petition** = a Curative Petition can be filed in the Supreme Court only after the Review Petition is dismissed, making it the final judicial remedy. • **Rupa Ashok Hurra case (2002)** — this judge-made remedy was created in this case to prevent gross miscarriage of justice after all other remedies are exhausted. • 💡 Option A (Mercy Petition) is a constitutional remedy but is addressed to the President, not the SC; it applies mainly to death sentences; Option B (Special Leave Petition) is filed to seek leave to appeal before a judgment becomes final; Option D (Writ Petition) is filed to enforce Fundamental Rights — none are 'after review petition' remedies.

Correct Answer: D. Chief Justice of India

• **Collegium headed by CJI** = the Supreme Court Collegium consists of the Chief Justice of India and the four senior-most judges of the SC, headed by the CJI. • **Recommends appointments and transfers** — the Collegium recommends names for SC judge appointments, HC judge appointments, and transfers of HC judges to other HCs. • 💡 Option A (President) formally appoints judges on Collegium recommendations but does not head the Collegium; Option B (Senior-most Judge other than CJI) is a member of the Collegium but does not head it; Option C (Law Minister) has no role in the Collegium structure, though historically the executive had a role before 1993.

Correct Answer: D. Kesavananda Bharati case

• **Basic Structure doctrine — Kesavananda Bharati case (1973)** = the Supreme Court in this landmark 13-judge bench case held by a 7:6 majority that Parliament cannot amend the basic features/structure of the Constitution. • **Limits amending power** — Article 368 gives Parliament power to amend the Constitution, but the Basic Structure doctrine limits this power by making certain features unamendable. • 💡 Option A (Golaknath case, 1967) held that Parliament cannot amend Fundamental Rights at all — Kesavananda Bharati partially overruled it by allowing amendments but not of basic structure; Option B (Minerva Mills case, 1980) reaffirmed and strengthened the Basic Structure doctrine; Option C (Maneka Gandhi case, 1978) expanded the right to life and personal liberty.

Correct Answer: C. President

• **CJI resignation — addressed to President** = the Chief Justice of India, like any other SC judge, must address the resignation letter to the President under Article 124(2). • **President is the appointing authority** — since the President appoints the CJI (on Collegium recommendation), the resignation must also go to the President; it takes effect once accepted. • 💡 Option A (Prime Minister) receives resignations from Cabinet Ministers and accepts them; the CJI's resignation goes to the President, not the PM; Option B (Senior-most Judge) takes over as Acting CJI but does not receive the CJI's resignation; Option D (Vice-President) presides over the Rajya Sabha and takes oath from the President but has no role in CJI resignation.