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.
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.
Let's examine the status of different levels of courts in India regarding the 'Court of Record' designation:
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.
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 (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.
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.
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:
Consider the following statements :
a) Under Article 124(4) of the Indian Constitution, a Supreme Court Judge can be impeached.
b) The ground for impeachment of a Judge pertains to 'incapacity and proven misbehavior'.
c) A minimum of 100 MPs are required to initiate the impeachment motion in the Lok Sabha.
d) The President can pardon the Judge.
Which of the following statements are IN CORRECT?