Analyzing Supreme Court Statements
The question asks to identify the incorrect statement regarding the Supreme Court of India.
Statement 1: Contempt of Court Powers
This statement claims the Supreme Court's power to punish for contempt is vested under Article 129 and Article 144.
- Article 129 explicitly grants the Supreme Court the status of a court of record and vests it with the power to punish for contempt of itself.
- Article 144 directs all civil and judicial authorities within India to act in aid of the Supreme Court. This article mandates cooperation but does not grant the power to punish for contempt.
Since Article 144 does not vest the power to punish contempt, stating that the power is vested under *both* Article 129 and Article 144 makes this statement incorrect.
Statement 2: Advisory Jurisdiction
The Supreme Court indeed possesses advisory jurisdiction as outlined in Article 143 of the Constitution. The President can refer matters of law or public importance to the Court for its opinion.
This statement is correct.
Statement 3: Refusal of Opinion
Under Article 143, the Supreme Court has the discretion to provide or refuse to provide an opinion to the President. It may decline if the matter is deemed political or beyond its advisory scope.
This statement is correct.
Statement 4: Binding Law
Article 141 clearly stipulates that the law declared by the Supreme Court shall be binding on all courts throughout the territory of India.
This statement is correct.
Conclusion
Based on the analysis, the statement that is not correct is the first one, regarding the source of the contempt power.
Important Questions from Judiciary-Supreme Court & High Courts
With reference to India, consider the following statements :
1. Government law officers and legal firms are recognised as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.
Which of the statements given above is/are correct ?
Consider the following pairs :
1. Enlargement of Jurisdiction of the Supreme Court: Article 138A of Constitution of India.
2. Conferment on the Supreme Court of powers to issue certain writs : Article 139A of Constitution of India.
3. Civil and judicial authority to act in aid of the Supreme Court : Article 144A of the Constitution of India.
How many of the above pairs are correctly matched?
- Which one of the following judgements is associated with the primacy of the Chief Justice of India and the Collegium of Judges in the appointment and transfer of the higher judiciary?
- The locus standi rule to move the court was liberalized by the case of:
- Which one of the following powers of the Supreme Court is also conferred on a High Court?
