Daily Quiz: UPSC Prelims Marathon – May 23, 2018

The jurisdiction and powers of the Supreme Court can be classified into the following :

1. Original jurisdiction
2. Writ Jurisdiction
3. Appellate jurisdiction
4. Advisory Jurisdiction
5. Original Jurisdiction : As a federal court, the Supreme Court decides the dispute between

different units the India Federation. More elaborately, any dispute between :

(a) The Centre and one  of more states: or

(b) The Centre and any state or states on one side and one or more states  on the other : or

(c) between two or more states.

In the above federal disputes, the Supreme Court has exclusive original jurisdiction. Exclusive means, no other court can decide such dispute and original means, the power to the such dispute in the first instance, not by way of appeal.

2. Writ Jurisdiction : the supreme Court empowered to issue writs including baheas  corpus, mandamus, prohibition, que-warrento and certiorari for the enforcement of the fundamental rights of an aggrieved citizen. However, the writ jurisdiction of the Supreme Court is not exclusive. the high courts are also empowered to issue writ for the enforcement of the Fundamental Rights.
3. Appellate Jurisdiction : The Supreme Court is primarily a court of appeal and hears appeals against the judgments of the lower court. It enjoys a wide appeallate jurisdiction in constitution matters, in civil matters, in criminal matters and so on.
4. Advisory Jurisdiction : The Constitution (Article 143) authorises the president to seek the opinion of the Supreme Court in the two categories of matters:

(a) On any question of law or fact of public importance which has arisen or which is likely to arise.

(b) On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanad or other similar instruments.

Electoral college for the election of the President consists of election members of State legislative assemblies and elected members of both houses of Parliament (Art.54). But in impeachment of the President  (Art. 61) State Legislative assemblies have no says. State legislative councils play no role in either the election or impeachment of the President.

In our Constitution, there is no bar to the appointment of a person from outside the legislature as a Minister provided he secures a seat in either House of Parliament within six months. PM has full discretion in the choice of persons who are to sever as minister in his cabinet.

The reservation of 33% of seats for women in parliament and State Legislature require Constitution Amendment but the second statement does not.

The concept of Public Interest Litigation (PIL) origination in the U.S.A.

If the Prime Minister of India belonged to the Upper House of the Parliament. He will not be able to vote in his favour in the event of a no-confidence motion. No-confidence motion can be moved only  in Lok Shaba (not in Rajya Shaba ) by the opposition.

As per Article 59 of the Constitution, the President shall not be a member of the either  House of Parliament (or) of the Legislature of any state. As per Article 79 Parliament consists of Loksabha, Rajyasabha and President.