Q. Which one of the following powers of the Supreme Court is also conferred on a High Court?

[A] Advisory power

[B] Power of doing complete justice in any cause or matter pending before the court

[C] Power of court of record

[D] Power to allow/refuse Special Leave Petitions

Answer: C
Notes:

Exp) Option c is the correct answer.

According to the Constitution, the Supreme Court as well as High Courts act as ‘Courts of record’. The judgements, proceedings and acts of the Supreme Court are recorded for perpetual memory and testimony. These records are admitted to be of evidentiary value and cannot be questioned when produced before any court. They are recognised as legal precedents and legal references. The judgements, proceedings and acts of the high courts have similar authority. These records are admitted to be of evidentiary value and cannot be questioned when produced before any subordinate court. However, they can be challenged in the Supreme Court.

Option a is incorrect: The ‘Advisory power’ is available only with the Supreme Court of India. The Constitution (Article 143) authorises the president to seek the opinion of the Supreme Court in the two categories of matters:

  • On any question of law or fact of public importance which has arisen or which is likely to arise.
  • On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanad or other similar instruments.

Option b is incorrect: The Supreme Court in the exercise of its jurisdiction, under Article 142 of the Constitution, has the power to pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it. This power is not available to any High Court.

Option d is incorrect: The Supreme Court (and not High Courts) is authorised to grant in its discretion special leave to appeal from any judgement in any matter passed by any court or tribunal in the country (except military tribunal and court martial). It is a discretionary power and hence, cannot be claimed as a matter of right by an individual.

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