CHAPTER-4 : The Union Judiciary : The Supreme Court

2011
1. Who can increase the number of judges of the Supreme Court?
Ans. The Parliament can increase the number of judges of the Supreme Court.
2. The Supreme Court is the apex court of our country. In this context, explain the following:
(a) The composition of the Supreme Court of India.
(b) The meaning of independence of the judiciary and the need to do so.
(c) The manner in which the Constitution seeks to maintain the independence of the judiciary
Ans. (a) The Supreme Court of India consists of a Chief Justice and 33 other judges.
(b) Independence of judiciary implies that neither the executive nor the legislature nor any public or private agency
should be able to influence the judges in the course of discharging their duties as a judge. This has been ensured
by providing them security of service, security of pay and allowance and other provisions. Only an independent and
impartial judiciary can deliver fair judgements.
(c) The Constitution seeks to maintain independence of judiciary by means of the following provisions :
(i) The judges of the Supreme Court and those of the High Court shall be appointed by the President but they cannot
be removed from office by him. Only in case of gross misbehaviour, acting against the Constitution, corruption
or misuse of office can the judges be removed from office by means of impeachment by the Parliament.
(ii) Their salaries, perks, etc., are drawn from the Consolidated Fund of India and cannot be changed during their
service by anyone.
(iii) The Supreme Court and the High Courts are free to decide their own procedures of work and their establishment.
(iv) The judges of the Supreme Court and those of the High Courts are not allowed to practise as lawyers after
their retirement. A retired judge of a High Court is allowed to practise only in the Supreme Court and a High
Court other than the one in which he had held office.

2012
3. What is the tenure of a judge of the Supreme Court?
Ans. A judge of the Supreme Court is appointed to work till he/she attains 65 years of age.

2013
4. Name the courts that are empowered to issue writs for the enforcement of Fundamental Rights.
Ans. The Supreme Court and all the High Courts.
5. The country’s Judicial System has a Supreme Court at its apex. In this context discuss the following :
(a) Manner of appointment of judges. (b) Term of office and removal of judges.
(c) Its power of ‘Judicial Review’.
Ans. (a) The Chief Justice and other judges of the Supreme Court are appointed by the President in consultation with the Chief
Justice of Supreme Court (in case of other judges) and in consultation with senior judges of the Supreme Court and
the Chief Justices of the High Courts (in case of Chief Justice). However, over the years, a convention has developed
whereby the seniormost judge of the Supreme Court is appointed as the Chief Justice of India.
(b) The Chief Justice and other judges of the Supreme Court are appointed to work till they attain 65 years of age.
Although they are appointed by the President, their services cannot be terminated by him. They can resign from their
posts of their own accord whenever they like. Death, of course, can be another cause of the end of their service
before the age of retirement.
But if a Judge of the Supreme Court is found guilty of misusing his powers or of acting against the provisions of the
Constitution, he can be impeached and relieved of his office. The procedure of impeachment of a Judge is almost
the same as that for the President of India.
(c) It is the duty of the Supreme Court to uphold the sanctity of the Constitution. It can review a Central or State law
to establish its legality or otherwise. If the Parliament passes any law that is against the Constitution, the Supreme
Court can declare that law as unconstitutional. The Parliament cannot change or modify or amend the ‘basic structure’
of the constitution. It had declared the ordinances regarding the ‘Nationalsation of Banks’ and ‘Abolition of the Privy
18 ICSE History and Civics – X
 Purses’ of the erstwhile princes as null and void.
The Supreme Court has been equipped with this power of judicial review to check the arbitrary power of the executive.
2014
6. What is meant by a ‘Single Integrated Judicial System’ as provided in the Indian Constitution?
Ans. The Indian judicial system is a single well-knit set-up for the whole country. There is a judicial hierarchy from the Supreme
Court at the top to the District Court at the bottom.
7. With reference to the Supreme Court, explain its functions stated below :
(a) Original Jurisdiction.
(b) Advisory Function.
(c) As a guardian of Fundamental Rights.
Ans. (a) The Supreme Court of India has original jurisdiction over the following cases :
(i) Interpretation of the constitution.
(ii) All disputes between the central government on the one hand and one or more state governments on the other.
(iii) Cases relating to infringement, abridgement or denial of Fundamental Rights.
(iv) Disputes between two or more states.
(b) A very important function of the Supreme Court is its obligation to advise on constitutional as well as other matters
of law, to any government department, legislature, the President or the Cabinet, whoever seeks it. But the advice
rendered by the court is not binding on the seeker of the advice, whoever it may be.
(c) The Supreme Court of India is the guardian of the Fundamental Rights of the citizens of India. It protects the
Fundamental Rights from being eroded, abridged or infringed upon by any person, group of persons or the state
itself. It can issue the following writs to the offending party/parties:
(i) The writ of Habeas Corpus; (ii) The writ of Prohibition; (iii) The writ of Certiorari; (iv) The writ of Mandamus;
and (v) The writ of Quo-Warranto.
2015
8. With reference to our Judiciary, discuss the following :
(a) Why is the Judiciary kept independent of the control of the Executive and the Legislature?
(b) What do we mean when we refer to the Supreme Court and the High Courts as a ‘Court of Record’?
(c) Name the writs that the High Courts are empowered to issue. What is meant by the Advisory Jurisdiction of the High Court?
Ans. (a) For a successful federal democracy, it is most essential that the courts of law should be independent to administer
justice and to interpret the Constitution and the different laws passed by various legislatures from time to time.
Independence of Judiciary implies that neither the Executive nor the Legislature nor any Government or private agency
should be able to influence the judges in the course of their discharge of duties as a judge. This independence of
Judiciary has been ensured in India by means of following provisions :
(i) Security of service (ii) Security of pay and allowances (iii) No discussion on their conduct in Parliament (iv) No
practice after retirement.
(b) The Supreme Court and the High Courts act as the court of record also. All the decisions and decrees issued by
them are duly printed and kept in record for future reference in the Court as well as for the use of lawyers in their
pleadings. Important decisions by the High Courts of the land are also kept in record for future reference by the
Supreme Court and other courts.
The decisions of these courts are used by lawyers during pleadings in lower courts.
(c) The High Courts can issue following writs : (i) Habeaus Corpus (ii) Prohibition (iii) Certiorari (iv) Mandamus (v) Quo
Warranto.
A High Court is obliged to render advice to the government on constitutional as well as other legal matters. But
such an advice is not binding on the seeker, whoever it may be.

2016
9. The Supreme Court has an extensive jurisdiction. In the light of this statement, answer the following questions:
(a) What are the qualifications of the Judges of the Supreme Court?
(b) (i) Explain the composition of the Supreme Court.
(ii) How are the Judges of the Supreme Court appointed?
(c) Explain the cases in which the Supreme Court enjoys Original Jurisdiction.

ICSE History and Civics – X 19

Ans. (a) To become a Judge or the Chief Justice of the Supreme Court, a person should possess the following qualifications.
(i) He must be a citizen of India.
(ii) He must have worked as a Judge in any of the High Courts continuously for not less than five years.
Or
He must have been an advocate of a High Court for at least 10 years’ standing.
Or
He should be a distinguished jurist in the opinion of the President.
There is no clear provision as to who shall be appointed as Chief Justice of India. Generally the seniormost
judge of the Supreme Court is appointed as Chief Justice of India.
(b) (i) The Supreme Court consists of 34 Judges including the Chief Justice.
(ii) The Chief Justice and other judges of the Supreme Court are appointed by the President. But he must consult
the Chief Justice of the Supreme Court in order to appoint any judge to it. Similarly, while appointing the Chief
Justice, he may consult the senior judges of the Supreme Court and the chief justices of the High Courts whom
he may think appropriate. However, as per convention, the seniormost judge of the Supreme Court is appointed
as the Chief Justice of India.
(c) Original jurisdiction of a court implies those cases which could be directly brought before it. The Supreme Court of
India has original jurisdiction over certain cases listed below :
Interpretation of the Constitution : All cases where interpretation of the Constitution is required can be directly filed
in the Supreme Court. The Supreme Court has the power of judicature to review and to decide whether a law
passed by the legislature is ultra vires.
Centre-State Disputes : All disputes between the Centre on the one hand and a State on the other, fall within the
original jurisdiction of the Supreme Court.
Disputes between two or more States : Disputes between two or more States also make a case for original jurisdiction
of the Supreme Court.
Fundamental Rights : Cases relating to infringement, abridgement or denial of Fundamental Rights guaranteed by the
Constitution, can originally be brought before the Supreme Court.

2018
10. Name any two writs issued by the Supreme Court.
Ans. These writs are – (i) Habeas Corpus (ii) Mandamus
11. Our Judicial system has a Supreme Court at its Apex, followed by the High Court and other subordinate Courts. In the light of
this statement, explain the following :
(a) Any three types of cases in which the Supreme Court exercises its Original Jurisdiction.
(b) Any three ways by which the Constitution ensures the Independence of the Judiciary.
(c) ‘Advisory’ and ‘Revisory’ Jurisdiction of the Supreme Court.
Ans. (a) (i) Interpretation of the Constitution : All cases where interpretation of the Constitution is required can be
directly filed in the Supreme Court. The Supreme Court has the power of judicature to review and to decide
whether a law passed by the legislature is ultra vires.
(ii) Centre-State Disputes : All disputes between the Centre on the one hand and a State on the other, fall within
the original jurisdiction of the Supreme Court.
(iii) Disputes between Two or More States : Disputes between two or more States also make a case for original
jurisdiction of the Supreme Court.
(b) (i) No Discussion in the Legislature on the Conduct of the Judges : The Constitution provides that there should
be no discussion on the conduct of the Supreme Court judges in the Parliament, except on a motion for an
address to the President for the impeachment of a judge. Likewise, no State Legislature is allowed to discuss
the conduct of a judge of the Supreme Court regarding the performance of his duties.
(ii) Full Control over Its Procedure of Work and Establishment : The Supreme Court and the High Courts are free
to decide their own procedures of work and their establishment. The conditions of service of their employees are
also determined by the courts. Thus, they (the Supreme Court and High Courts) are not likely to be influenced
by any outside agency.
(iii) No Practice after Retirement : A Judge of the Supreme Court shall not plead or act in any Court or before any
authority within the territory of India, after retirement. A permanent Judge of High Court shall not plead or act
20 ICSE History and Civics – X
 in a Court or before any authority of India, except the Supreme Court and a High Court other than the High
Court in which he had held his office.
(c) (i) Advisory Jurisdiction of the Supreme Court : Another very important function of the Supreme Court of India
is its obligation to advise on constitutional as well as other matters of law, to any Government department,
legislature, the President or the Councils of Ministers, whoever seeks it. It should be kept in mind that the
advice rendered by the Supreme Court shall in no way be binding on its seeker.
(ii) Revisory Jurisdiction of the Supreme Court : The Supreme Court is the final interpreter of the Constitution.
Hence, only the Supreme Court has the power and the right to revise its earlier decisions and give a new
decision contrary to earlier one. This provision is given because human judgement is fallible and the apex court
may rectify something that was misjudged. Situations may arise in future which require reconsideration of a final
judgement already delivered. An erroneous judgement cannot be allowed to continue indefinitely.

2019
12. What is meant by Appellate Jurisdiction of the Supreme Court?
Ans. Being the highest court of law in the country, the Supreme Court has powers to grant special leave to appeal against the
judgement delivered by any court in the country.
13. On what grounds can a Supreme Court Judge be removed from office?
Ans. A Supreme Court Judge can be removed from office if he is found guilty of misusing his powers or of acting against the
provisions of the Constitution. He can be impeached in such a case.

2020
14. Name the Courts that are empowered to issue Writs for the enforcement of Fundamental Rights.
Ans. The Supreme Court and High Courts
15. With reference to the Supreme Court as the Apex Court in our Indian Judiciary, explain the following:
(a) Any three cases that come under the Original Jurisdiction of the Supreme Court.
(b) Power of Judicial Review.
(c) Supreme Court as a Court of Record.
Ans. (a) Original jurisdiction of a court implies those cases which could be directly brought before it. The Supreme Court of
India has original jurisdiction over the cases listed below:
(i) Centre-State Disputes – All disputes between the centre on the one hand and a state on the other, fall within
the original jurisdiction of the Supreme Court.
(ii) Disputes between two or More States – Disputes between two or more states also make a case for original
jurisdiction of the Supreme Court.
(iii) Fundamental Rights – Cases relating to infringement, abridgement or denial of Fundamental Rights guaranteed
by the Constitution can originally be brought before the Supreme Court.
(b) It is the duty of the Supreme Court to uphold the sancity of the Constitution. It can review a Central or State law
to establish its legality or otherwise. If the Parliament passes any law that is against the Constitution, the Supreme
Court can declare that law as unconstitutional. It had declared the ordinances regarding the ‘Nationalisation of Banks
and Abolition of the Privy Purses’ of the erstwhile princes as null and void.
(c) The Supreme Court acts as the court of record. All the decisions and decrees issued by the Supreme Court are
duly printed and kept in record for future reference in the Court as well as for the use of lawyers in their pleadings.
Important decisions by the High Courts of the land are also kept in record for future reference by the Supreme
Court.

2022 SEMESTER-2
1. The Supreme Court is at the apex of the entire system of judiciary. In this context, answer the following questions :
(a) What is the term of the Supreme Court judge? Name the procedure through which the judge can be removed.
(b) What is meant by Judicial Review?
(c) Explain the term Original Jurisdiction of the Supreme Court. Mention any two kinds of cases which come under this
jurisdiction.

ICSE History and Civics – X 21

 (d) Name any three writs which can be issued by the Supreme Court.
Ans. (a) A Supreme Court judge remains in the office until he attains the age of sixty-five years. A Judge may be removed from
his office on ground of “proved misbehaviour or incapacity” by impeaching him/her in Parliament by a 2/3rd majority
separately in each House.
(b) Judicial Review is the power of the Supreme Court to examine laws passed by the Centre and State governments
in order to find whether these are in accordance with the Constitution or not. If an order or a law is found to
be contrary to the provisions of the Constitution, the Supreme Court declares it null and void.
(c) Original jurisdiction means the authority and power of the Supreme Court to hear a case in the first instance
directly. The original and exclusive jurisdiction of the Supreme Court extends to the following cases :
(i) In case of a dispute between the Union Government on one hand and one or more States on
other.
(ii) In case of dispute between two or more States.
(iii) The Supreme Court has the exclusive jurisdiction to determine the Constitutional Validity of the Union laws.
(d) (i) Writ of Habeas Corpus (ii) Writ of Mandamus (iii) Writ of Prohibition

22 ICSE History and Civics – X