All Exams Test series for 1 year @ ₹349 only
Question

Which one of the following statements is not correct?
(a) The Supreme Court of India is a Court of Record.
(b) High Courts in India are Courts of Record.
(c) Subordinate Courts in India are Courts of Record.
(d) All Courts in India are not Courts of Record.

The correct answer is
Subordinate Courts in India are Courts of Record.

Understanding 'Courts of Record' in India

A 'Court of Record' is a legal term referring to a court whose proceedings are officially recorded and preserved. These records serve as evidence and can be used in future legal proceedings. Importantly, Courts of Record typically have the power to punish individuals for contempt of their own authority. This status is crucial for maintaining judicial discipline and upholding the dignity of the court.

Analyzing Statements About Indian Courts

Let's examine the status of different levels of courts in India regarding the 'Court of Record' designation:

Supreme Court of India

The Supreme Court of India is explicitly designated as a Court of Record by Article 129 of the Constitution of India. This means its proceedings are permanently recorded, and it possesses the power to punish for its own contempt.

Therefore, statement (a) "The Supreme Court of India is a Court of Record" is correct.

High Courts in India

Similarly, the Constitution of India, under Article 215, declares that every High Court shall be a Court of Record. Like the Supreme Court, High Courts maintain records of their proceedings and have the authority to punish for contempt.

Thus, statement (b) "High Courts in India are Courts of Record" is also correct.

Subordinate Courts in India

Subordinate Courts (such as District Courts and other lower courts) function under the supervision of the High Courts. While these courts meticulously maintain records of their cases as required by procedural laws (like the Code of Civil Procedure and Code of Criminal Procedure), they are not explicitly granted the status of 'Court of Record' *in the Constitution* with the same inherent powers, particularly the power to punish for their own contempt, as the Supreme Court and High Courts.

Although they keep records, the specific constitutional designation and the associated powers linked to the term 'Court of Record' primarily apply to the apex courts. Therefore, the statement (c) "Subordinate Courts in India are Courts of Record" can be considered not correct in the strict constitutional sense implied by the question's context.

General Statement

Statement (d) "All Courts in India are not Courts of Record" is factually incorrect because, as established, the Supreme Court and High Courts are indeed Courts of Record.

Conclusion

Based on the constitutional provisions (Articles 129 and 215) which specifically grant the status and powers of a Court of Record to the Supreme Court and High Courts, and the absence of such explicit constitutional designation for subordinate courts with equivalent powers, the statement that is considered not correct is:

  • Subordinate Courts in India are Courts of Record.
Was this answer helpful?

Important Questions from Judiciary-Supreme Court & High Courts

  1. 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 ?

  2. 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?

  3. 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?
  4. The locus standi rule to move the court was liberalized by the case of:
  5. Which one of the following powers of the Supreme Court is also conferred on a High Court?
Need Expert Advice?

Start Your Preparation with Prepp Mobile App

Download the app from Google Play & App Store
Download the app from Google Play & App Store
Prepp Mobile App