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Question

Which of the following are the powers of the Supreme Court of India?

1. Original jurisdiction in a dispute between the Government of India and one or more States

2. The power to hear appeals from the High Courts

3 Passing decrees and orders for doing justice in any matter before it

4. Render advice to the President of India in matters of law

Select the correct answer using the code given below.

This question was previously asked in
CDS I 2017 General Knowledge Previous Year Paper (05-Feb-2017)
The correct answer is

1, 2, 3 and 4

Understanding the Powers of the Supreme Court of India

The Supreme Court of India is the highest judicial court and the final court of appeal under the Constitution of India. It holds significant powers to ensure justice, interpret the Constitution, and resolve disputes within the country. Let's examine the specific powers mentioned in the question.

Original Jurisdiction of the Supreme Court

Statement 1 refers to the Original Jurisdiction of the Supreme Court. This power allows the Supreme Court to hear certain types of cases directly, without them having been previously heard by any lower court. This jurisdiction is particularly important for resolving major disputes within the federal structure of India.

  • Specifically, the Supreme Court has exclusive original jurisdiction in disputes:
  • Between the Government of India and one or more States.
  • Between the Government of India and any State or States on one side and one or more other States on the other.
  • Between two or more States.

Therefore, statement 1 accurately describes a power of the Supreme Court of India.

Appellate Jurisdiction of the Supreme Court

Statement 2 describes the Appellate Jurisdiction of the Supreme Court. This is the power to hear appeals against judgments delivered by lower courts, primarily the High Courts. The Supreme Court is the final court of appeal in India.

  • Appeals can come to the Supreme Court in constitutional, civil, and criminal matters from the High Courts.
  • This jurisdiction ensures that the law is applied correctly and uniformly across the country and provides a final check on judicial decisions.

Thus, statement 2 correctly identifies a power of the Supreme Court of India.

Power to Pass Decrees and Orders for Doing Complete Justice

Statement 3 highlights a unique and wide power of the Supreme Court. Under Article 142 of the Constitution, the Supreme Court has the power to pass such a decree or make such an order as is necessary for doing complete justice in any cause or matter pending before it.

  • This power allows the Supreme Court to go beyond existing laws to ensure that justice is fully served in a particular case.
  • It is a crucial power used in exceptional circumstances where existing legal provisions might not provide an adequate remedy.

Consequently, statement 3 is also a valid power of the Supreme Court of India.

Advisory Jurisdiction of the Supreme Court

Statement 4 refers to the Advisory Jurisdiction of the Supreme Court. Under Article 143 of the Constitution, the President of India can seek the opinion of the Supreme Court on any question of law or fact of public importance. The Supreme Court, after such hearing as it deems fit, may report its opinion to the President.

  • It is important to note that the opinion rendered by the Supreme Court under this jurisdiction is generally not binding on the President.
  • However, it provides valuable legal guidance on complex issues of national importance.

Therefore, statement 4 correctly identifies the Advisory Jurisdiction as a power of the Supreme Court of India.

Consolidated Analysis of Supreme Court Powers

Based on the analysis of each statement, all four points listed are indeed powers of the Supreme Court of India:

  1. Original jurisdiction in disputes between the Government of India and States.
  2. The power to hear appeals from the High Courts (Appellate Jurisdiction).
  3. Passing decrees and orders for doing justice in any matter before it (Power under Article 142).
  4. Render advice to the President of India in matters of law (Advisory Jurisdiction).

All the mentioned statements accurately describe different facets of the Supreme Court's jurisdiction and powers as defined by the Constitution of India.

Summary of Supreme Court Powers Mentioned
Statement Description of Power Type of Jurisdiction/Power Is it a Supreme Court Power?
1 Original jurisdiction in disputes between Union and States Original Jurisdiction Yes
2 Power to hear appeals from High Courts Appellate Jurisdiction Yes
3 Passing decrees/orders for complete justice (Article 142) Special Power Yes
4 Render advice to the President (Article 143) Advisory Jurisdiction Yes

Since all four statements correctly describe powers of the Supreme Court, the option that includes 1, 2, 3, and 4 is the correct answer.

Revision Table: Key Supreme Court Powers

Key Jurisdictions and Powers of the Supreme Court of India
Jurisdiction/Power Brief Description Relevant Article(s)
Original Jurisdiction Disputes between Union and States or between States. Article 131
Writ Jurisdiction Issue writs (Habeas Corpus, Mandamus, Prohibition, Quo Warranto, Certiorari) for enforcing Fundamental Rights. Article 32
Appellate Jurisdiction Hear appeals from High Courts in Constitutional, Civil, and Criminal matters. Articles 132, 133, 134, 136 (Special Leave Petition)
Advisory Jurisdiction Render opinion to the President on questions of law or fact. Article 143
Review Jurisdiction Review its own judgments or orders. Article 137
Power to do Complete Justice Pass decrees/orders necessary for complete justice in any cause or matter. Article 142
Judicial Review Examine the constitutionality of legislative enactments and executive orders. Articles 13, 32, 131-136, 141, 142

Additional Information on Supreme Court Powers

Beyond the powers listed in the question, the Supreme Court of India holds several other crucial powers that solidify its position as the guardian of the Constitution and the apex court of the land.

  • Writ Jurisdiction: Under Article 32, the Supreme Court has original jurisdiction to issue writs for the enforcement of Fundamental Rights. This is a very significant power as it allows citizens to directly approach the Supreme Court if their fundamental rights are violated.
  • Judicial Review: The Supreme Court has the power to review laws passed by the Parliament and state legislatures, as well as executive actions, to determine if they are in accordance with the Constitution. If found unconstitutional, the Supreme Court can declare them null and void. This power is implied from various articles and is considered a basic feature of the Constitution.
  • Power to Review its Own Judgments: Under Article 137, the Supreme Court has the power to review any judgment pronounced or order made by it. This ensures that any errors are corrected and allows the court to reconsider its decisions if necessary.
  • Court of Record: The Supreme Court is a court of record, meaning its proceedings and decisions are recorded and preserved for perpetual memory and testimony. Its decisions serve as precedents binding on all lower courts in the country (Article 129). It also has the power to punish for contempt of itself.
  • Power regarding its own Staff and Rules: The Supreme Court has the power to appoint its officers and servants and regulate the conditions of their service. It can also make rules for regulating the practice and procedure of the Court (Article 145).

These diverse powers collectively establish the Supreme Court as a powerful institution vital for upholding the Constitution, protecting fundamental rights, and ensuring the rule of law in India.

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