The Supreme Court
Class 10
Q1. Who decides the salaries and other emoluments of the Judges of the Supreme Court?
Ans:- According the article 12 in India, Indian Parliament would decide the salary and other allowances of Supreme Court judges.
Q2. Who determines the strength of the Supreme Court?
Ans:- Parliament can determines the strength of the Supreme Court judges.
Q3. What is meant by the term 'Writ' ?
Ans:- A 'Writ' is a legal instrument to enforce obedience to the orders of a Court. The Constitution empowers the Supreme Court and the High Courts to issue Writs.
Q4. An independent judiciary is a feature of federal governance. With reference to the Supreme Court, answer the following questions:
a) Power of Judicial Review.
Ans:- The Supreme Court is the interpreter of the Constitution and its decision is final. It has the power to review laws passed by the Union or State legislatures. The Supreme Court can declare a law 'ultra vires' or null and void, if it is against the letter and spirit of the Constitution or contravenes any provision of the Constitution. This power is referred to as the power of judicial review.
b) Supreme Court as a court of record.
Ans:- The judgements are in the nature of 'precedents', i.e., the High Courts and other Courts are bound to give a similar decision in a similar case. They are not to be questioned when they are produced before any subordinate court.
The Supreme Court shall be a "Court of Record" and shall have all the powers of such a court including the power to punish for contempt of itself.
The Court of Record has two implications:
(i) Its judgements and orders are preserved as record. These can be produced in any court as precedents.
(ii) If a person commits a contempt of court,. the court has the authority to punish him. No authority can deprive the court of this right.
Q5. How does the Supreme Court protect the Fundamental Rights of the individuals ?
Ans :- Any citizen whose rights have been violated, may move the Supreme Court for the enforcement of the rights. The Supreme Court has the power to issue units, in the nature of Habeas Corpus, Mandamus, Prohibition, Writ of Quo-Warranto and Certiorari for the enforcement of any of the fundamental Rights.
Ans:- According the article 12 in India, Indian Parliament would decide the salary and other allowances of Supreme Court judges.
Q2. Who determines the strength of the Supreme Court?
Ans:- Parliament can determines the strength of the Supreme Court judges.
Q3. What is meant by the term 'Writ' ?
Ans:- A 'Writ' is a legal instrument to enforce obedience to the orders of a Court. The Constitution empowers the Supreme Court and the High Courts to issue Writs.
Q4. An independent judiciary is a feature of federal governance. With reference to the Supreme Court, answer the following questions:
a) Power of Judicial Review.
Ans:- The Supreme Court is the interpreter of the Constitution and its decision is final. It has the power to review laws passed by the Union or State legislatures. The Supreme Court can declare a law 'ultra vires' or null and void, if it is against the letter and spirit of the Constitution or contravenes any provision of the Constitution. This power is referred to as the power of judicial review.
b) Supreme Court as a court of record.
Ans:- The judgements are in the nature of 'precedents', i.e., the High Courts and other Courts are bound to give a similar decision in a similar case. They are not to be questioned when they are produced before any subordinate court.
The Supreme Court shall be a "Court of Record" and shall have all the powers of such a court including the power to punish for contempt of itself.
The Court of Record has two implications:
(i) Its judgements and orders are preserved as record. These can be produced in any court as precedents.
(ii) If a person commits a contempt of court,. the court has the authority to punish him. No authority can deprive the court of this right.
Q5. How does the Supreme Court protect the Fundamental Rights of the individuals ?
Ans :- Any citizen whose rights have been violated, may move the Supreme Court for the enforcement of the rights. The Supreme Court has the power to issue units, in the nature of Habeas Corpus, Mandamus, Prohibition, Writ of Quo-Warranto and Certiorari for the enforcement of any of the fundamental Rights.