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Which provisions were struck down in the case of Supreme Court Advocates-on-Record Association v. Union of India, (2016) 5 SCC 1?
A
Article 124, 124A to C, 217, 213 (as amended/inserted)
B
Article 124, 124A to C (as amended/inserted)
C
Articles 124, 124A to C, 127, 128, 217, 222, 224, 224A, 231 (as amended/inserted)
D
Articles 124, 124A to C, 217, 222, 224, 224A, 231 (as amended/inserted)
Correct Answer:
Articles 124, 124A to C, 127, 128, 217, 222, 224, 224A, 231 (as amended/inserted)
A five-judge bench of the Supreme Court passes judgment in a matter. In a later case before a high court, a party presents the Supreme Court judgment as a binding authority. The opposing party claims that the high court is not bound by the Supreme Court's judgment because relevant provisions of law were not brought to the notice of the Supreme Court in that case. Which of the following is most correct in this case?
Principle: Article 141 of the Constitution provides that the law declared by the Supreme Court is binding on all courts within the territory of India.
A
Since the relevant provisions of law were not brought to the notice of the Supreme Court, the five-judge bench's decision is not 'law' within the meaning of Article 141, and is not binding on the high court
B
The Supreme Court must expressly declare that its judgment is binding on all courts within the territory of India when passing judgment. In this case, the Supreme Court has not done so, and therefore, the decision of the five-judge bench is not binding on the high court
C
The High Court cannot ignore the decision of the Supreme Court on the ground that relevant provisions of law were not brought to its notice. Under Article 141, it is bound by the decision of the Supreme Court
D
Only those decisions that are passed by a larger bench than the five-judge bench would be hinding on the high court, since legitimate doubts have been raised about the propriety of the five-judge bench's decision
E
The decision of the five-judge bench, since it is in conflict with other decisions, must first be decided upon by a larger bench on the Supreme Court. Only after that would the decision be binding on all other courts under Article 141 of the Constitution
Which of the following statements are correct? Answer by using the code given below:
1. Persons in Govt/Judicial service need not resign to participate in District judge selection process held in "Vijay Kumar Misra and another v. High Court of Judicature at Patna" by the Supreme Court of India
2. The Supreme Court of India held in S. Kazi v. Muslim Education Society that " All Tribunals are not necessary parties to the proceedings where legality of its orders challenged"
3. The Supreme Court of India observed in Cardanumom Marketing Corporation and others v. State of Kerala and others that Social Security to the legal profession becomes an essential part of legal system
4. The Supreme Court of India held in 'Union of India v. Rajasthan High Court and others that High Court judges are exempted from Airport frisking.
A
Only 2 is correct
B
1, 2 and 3 are correct
C
2, 3 and 4 are correct
D
1, 2 and 4 are correct
Consider the following judgments of the Supreme Court which dealt with the appointment and transfer of judges of the Supreme Court and High Courts:
1. S. P. Gupta v. Union of India
2. Sankal Chand Seth v. Union of India
3. In re Special Reference No. 1 of 1998
4. Supreme Court Advocates on Record Association v. Union of India
Which one of the following is the correct chronological order in which the above judgments were delivered?
A
1, 2, 3, 4
B
2, 1, 3, 4
C
2, 1, 4, 3
D
1, 2, 4, 3
A seven member bench of the Supreme Court unanimously struck down clauses 2(d) of Article 323A and clause 3(d) of Article 323B of the Constitution relating to tribunals which excluded the jurisdiction of High Court and Supreme Court. The court held that power of judicial review over legislative action is vested in the High Court under Article 226 and in the Supreme Court under Article 32. This is an integral part of the basic structure of the constitution. Name the case:
A
L. Chandra Kumar v. Union of India
B
Kihota Hallahan v. Zachilhu
C
Nagaraj v. State of Andhra Pradesh
D
Rajendra Singh Rana v. Swami Prasad Maurya
Which of the following statements regarding the 'advisory jurisdiction of Supreme Court' is correct:
1. The opinion of Supreme Court may be sought by the President on any question of law or fact
2. In case the opinion of the Supreme Court is sought it is bound to give
3. The advice given by Supreme Court on matters referred to it is binding on the President
4. Advisory jurisdiction of Supreme Court can also be exercised over disputes arising out of references made over preconstitutional treaties
A
1 and 3
B
1 and 4
C
2 and 3
D
1, 2, 3 and 4
Read the following statements:
(1) The Supreme Court in N. Balakrishnan v. M. Krishnamurthy, (1998) 7 SCC 123 refuse to condone the delay on the ground of sufficient cause
(2) In the case of R. B. Ramalingum v. R. B. Bhuwaneshwari, (2009) 2 SCC 689, the Supreme Court observed that the test of sufficient cause is purely an individuals test of the above:
A
(1) is true but (2) is false
B
(1) is false but (2) is true
C
Both (1) and (2) are true
D
Both (1) and (2) are false
Consider the following statements to answer this question.
1. Parliament cannot extend the jurisdiction and power of the Supreme Court.
2. No discussion can take place in Parliament with respect to the conduct of judge of the Supreme Court in discharge of the duties.
3. A retired judge of the Supreme Court cannot appear or plead in any court or before any authority within the territory of India.
4. The salaries and allowances of the Supreme Court are fixed by the Constitution and charged on the Consolidated Fund of India.
Which of these statement are correct?
A
2, 3 and 4
B
1 and 2
C
1 and 3
D
2 and 4
Consider the following statements:
1. The Supreme Court has original jurisdiction in any dispute between the Government of India and one or more States.
2. The Supreme Court has original jurisdiction in any dispute between the Government of India and any State or States on one side and one or more other State on the other.
3. The Supreme Court has original jurisdiction in any dispute between the Government of India and any corporation of Individual one side and one or more States on the other.
4. The Supreme Court has original jurisdiction in any dispute between two or more States.
Which of these statements are correct?
A
1 and 2
B
1, 2 and 4
C
3 and 4 only
D
1, 2, 3 and 4
Part XIV-A entitled "Tribunals" was inserted by the Constitution (Forty Second) Amendment Act, 1976. Clause 2(d) of Article 323-A and Clause (3)(d) of Article 323-B excluded jurisdiction of all courts, except that of the Supreme Court under Article 136. In which case were these clauses struck down as being unconstitutional to the extent they barred the jurisdiction of the High Courts under Articles 226/227 and that of the Supreme Court under Article 32?
A
Maneka Gandhi v. Union of India, AIR 1978 SC 597
B
Minerva Mills v. Union of India, AIR 1980 SC 1789
C
S. R. Bommai v. Union of India, AIR 1994 SC 1918
D
L. Chandra Kumar v. Union of India, AIR 1997 SC 1125
How many judges constituted the Bench in the case of Supreme Court Advocates on Record Assn. v. Union of India, (2016) 5 SCC 1 in which the Constitution (Ninety Ninth Amendment). Act, 2014, was declared unconstitutional?
A
Seven
B
Five
C
Nine
D
Three