Supreme Court Flashcards

1
Q

What does Article 124 of the Indian Constitution deal with?

A

Article 124 deals with the establishment and constitution of the Supreme Court of India.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

How is the Chief Justice of India (CJI) appointed under Article 124?

A

The President of India appoints the Chief Justice of India.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the composition of the Supreme Court as per Article 124?

A

The Supreme Court consists of the Chief Justice of India and other judges as determined by Parliament.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What does Article 125 deal with?

A

Article 125 deals with the salaries, allowances, privileges, leave of absence, and pensions of the judges of the Supreme Court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Who decides the salaries and allowances of the judges of the Supreme Court?

A

The salaries and allowances are determined by Parliament.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What does Article 126 provide for?

A

Article 126 provides for the appointment of an Acting Chief Justice of India when the office is vacant or the Chief Justice is unable to perform duties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Who appoints the Acting Chief Justice of India?

A

The President of India appoints the senior-most judge of the Supreme Court as the Acting Chief Justice.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What does Article 127 provide for?

A

Article 127 allows for the appointment of ad hoc judges to the Supreme Court when there is a lack of quorum of the judges.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Who can be appointed as an ad hoc judge of the Supreme Court?

A

A judge of a High Court duly qualified to be a Supreme Court judge can be appointed as an ad hoc judge.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What does Article 128 allow?

A

Article 128 allows for retired judges of the Supreme Court or High Court to sit and act as judges of the Supreme Court if requested by the Chief Justice of India.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Does a retired judge appointed under Article 128 get additional remuneration?

A

No, they are entitled to such allowances as determined by the President.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What does Article 129 declare about the Supreme Court?

A

Article 129 declares the Supreme Court to be a “court of record” with all the powers of such a court, including the power to punish for contempt of itself.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What does it mean for the Supreme Court to be a “court of record”?

A

It means that its judgments, proceedings, and acts are recorded for perpetual memory and testimony and have evidentiary value.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What does Article 130 state about the seat of the Supreme Court?

A

Article 130 states that the Supreme Court shall sit in Delhi or such other place or places as the Chief Justice of India may, with the approval of the President, appoint.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What does Article 131 provide for?

A

Article 131 provides the Supreme Court with original jurisdiction in any dispute between the Government of India and one or more States, or between two or more States

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What type of cases fall under the original jurisdiction of the Supreme Court?

A

Cases involving disputes over the interpretation of the Constitution, treaties, or agreements.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What does Article 132 deal with?

A

Article 132 deals with the appellate jurisdiction of the Supreme Court in cases involving a substantial question of law as to the interpretation of the Constitution.

18
Q

Can appeals under Article 132 be made directly to the Supreme Court?

A

Yes, if a High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.

19
Q

What does Article 133 provide for?

A

Article 133 provides for the appellate jurisdiction of the Supreme Court in civil cases if the High Court certifies that the case involves a substantial question of law of general importance.

20
Q

What is required for an appeal to be made under Article 133?

A

A certificate from the High Court that the case is fit for appeal to the Supreme Court.

21
Q

What does Article 134 deal with?

A

Article 134 provides for the appellate jurisdiction of the Supreme Court in criminal cases.

22
Q

Under what conditions can an appeal be made to the Supreme Court in criminal cases?

A

If a High Court has reversed an order of acquittal of an accused and sentenced him to death, or has withdrawn for trial before itself any case from any court subordinate to its authority and has convicted the accused and sentenced him to death.

23
Q

What does Article 134A provide for?

A

Article 134A provides the mechanism for obtaining a certificate for appeal to the Supreme Court under Articles 132, 133, and 134.

24
Q

When must the certificate be granted by the High Court?

A

The High Court must consider whether to grant the certificate immediately after the judgment, decree, or final order is made.

25
Q

What does Article 135 state?

A

Article 135 allows the Supreme Court to exercise the jurisdiction and powers of the Federal Court under any law in force prior to the commencement of the Constitution until Parliament provides otherwise.

26
Q

What power is granted to the Supreme Court under Article 136?

A

Article 136 grants the Supreme Court the power to grant special leave to appeal from any judgment, decree, determination, sentence, or order in any case or matter passed by any court or tribunal in India.

27
Q

Are there any exceptions to the power granted under Article 136?

A

Yes, special leave cannot be granted for judgments, determinations, sentences, or orders passed by any court or tribunal constituted by or under any law relating to the armed forces.

28
Q

What does Article 137 provide for?

A

Article 137 empowers the Supreme Court to review its own judgments or orders.

29
Q

Are there any rules that guide the review process under Article 137?

A

Yes, the rules made by the Supreme Court regulate the review process.

30
Q

What does Article 138 deal with?

A

Article 138 allows Parliament to confer additional jurisdiction and powers on the Supreme Court with respect to any matter listed in the Union List.

31
Q

What does Article 139 empower Parliament to do?

A

Article 139 empowers Parliament to confer powers on the Supreme Court to issue directions, orders, or writs, including writs of habeas corpus, mandamus, prohibition, quo warranto, and certiorari.

32
Q

What does Article 140 deal with?

A

Article 140 allows Parliament to confer additional powers on the Supreme Court that are supplementary to its existing powers, as long as they do not contradict any of the Constitution’s provisions.

33
Q

What does Article 141 state?

A

Article 141 states that the law declared by the Supreme Court shall be binding on all courts within the territory of India.

34
Q

What is the significance of Article 142?

A

Article 142 empowers the Supreme Court to pass any decree or make any order necessary for doing complete justice in any cause or matter pending before it.

35
Q

Is Article 142 used for enforcing its decrees and orders?

A

Yes, it provides for the enforcement of decrees and orders of the Supreme Court throughout the territory of India.

36
Q

What does Article 143 provide for?

A

Article 143 gives the President the power to refer to the Supreme Court for its opinion on any question of law or fact of public importance.

37
Q

Is the opinion given by the Supreme Court under Article 143 binding?

A

No, the opinion given under Article 143 is advisory and not binding on the President.

38
Q

What does Article 144 require of civil and judicial authorities in India?

A

Article 144 mandates that all civil and judicial authorities in India shall act in aid of the Supreme Court.

39
Q

What does Article 145 empower the Supreme Court to do?

A

Article 145 empowers the Supreme Court to make rules for regulating its practice and procedure with the approval of the President.

40
Q

What does Article 146 provide for?

A

Article 146 deals with the appointment of officers and servants of the Supreme Court and the expenses of the Supreme Court.

41
Q

What does Article 147 pertain to?

A

Article 147 defines that the reference to “this Constitution” includes amendments, and any judgment of the Supreme Court interpreting the Constitution.