Supreme Court MCQ: Advisory Jurisdiction, Article 136 & Curative Petitions

Attempt the quiz above first, then review every question with its correct answer and a short explanation below.

1. Q1.The appellate jurisdiction of the Supreme Court in civil matters can be invoked if the case involves?

   • A.A substantial question of law of general importance✓ Correct Answer
   • B.A question of fact
   • C.A dispute of more than 10 Lakh rupees
   • D.Any property dispute

   Explanation: Appeals lie in civil cases if the High Court certifies that the case involves a substantial question of law of general importance.

2. Q2.Who can request the Supreme Court for its advisory opinion under Article 143?

   • A.The Prime Minister
   • B.The President✓ Correct Answer
   • C.Governor of a State
   • D.High Courts

   Explanation: Article 143 authorizes the President to seek the opinion of the Supreme Court on any question of law or fact of public importance.

3. Q3.Is the advice given by the Supreme Court under Advisory Jurisdiction binding on the President?

   • A.Yes, always
   • B.No, never✓ Correct Answer
   • C.Yes, if the matter refers to pre-constitution treaties
   • D.Depends on the CJI

   Explanation: The opinion expressed by the Supreme Court is only advisory and not a judicial pronouncement. Hence, it is not binding on the President.

4. Q4.Which Article declares that the law declared by the Supreme Court shall be binding on all courts within India?

   • A.Article 137
   • B.Article 141✓ Correct Answer
   • C.Article 143
   • D.Article 145

   Explanation: Article 141 states that the law declared by the Supreme Court shall be binding on all courts within the territory of India.

5. Q5.The power of 'Judicial Review' of the Supreme Court implies the power to?

   • A.Review its own judgments
   • B.Review the functioning of the judiciary
   • C.Examine the constitutionality of legislative enactments and executive orders✓ Correct Answer
   • D.Review the work of the President

   Explanation: Judicial review is the power of the SC to examine the constitutionality of legislative enactments and executive orders of both the Central and state governments.

6. Q6.Which Article of the Constitution designates the Supreme Court as a 'Court of Record'?

   • A.Article 129✓ Correct Answer
   • B.Article 130
   • C.Article 131
   • D.Article 132

   Explanation: Article 129 states that 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.

7. Q7.What is the implication of the Supreme Court being a 'Court of Record'?

   • A.Its judgments are recorded for perpetual memory and testimony✓ Correct Answer
   • B.It can only hear cases on record
   • C.It must record all proceedings in video format
   • D.It is superior to the Parliament

   Explanation: As a Court of Record, its judgments, proceedings, and acts are recognized as legal precedents and legal references, and they cannot be questioned when produced in any court.

8. Q8.Under Article 136, the Supreme Court can grant 'Special Leave to Appeal' against the judgment of?

   • A.Any court or tribunal in India (except military tribunals)✓ Correct Answer
   • B.Only High Courts
   • C.Only Tribunals
   • D.Only District Courts

   Explanation: The Supreme Court is authorized to grant in its discretion special leave to appeal from any judgment in any matter passed by any court or tribunal in the territory of India (except military tribunals).

9. Q9.The power of the Supreme Court to review its own judgment or order is mentioned in which Article?

   • A.Article 137✓ Correct Answer
   • B.Article 138
   • C.Article 139
   • D.Article 140

   Explanation: Article 137 empowers the Supreme Court to review any judgment pronounced or order made by it.

10. Q10.Who appoints the 'Acting Chief Justice of India'?

    • A.The President✓ Correct Answer
    • B.The outgoing Chief Justice
    • C.The Prime Minister
    • D.The Collegium

    Explanation: The President can appoint a judge of the Supreme Court as an acting Chief Justice of India when the office of CJI is vacant or the CJI is unable to perform his duties.

11. Q11.Can a retired judge of the Supreme Court act as a judge of the Supreme Court again?

    • A.Yes, if requested by the CJI with the previous consent of the President✓ Correct Answer
    • B.No, never
    • C.Yes, by passing an exam
    • D.Yes, if the Parliament approves

    Explanation: Under Article 128, the CJI can request a retired judge of the SC or HC to act as a judge of the Supreme Court for a temporary period, with the previous consent of the President.

12. Q12.The Supreme Court has exclusive original jurisdiction in a dispute between?

    • A.Two citizens of different states
    • B.Government of India and one or more States✓ Correct Answer
    • C.A citizen and the Government
    • D.A company and the Government

    Explanation: The SC has exclusive original jurisdiction in disputes between the Centre and one or more states, or between two or more states.

13. Q13.Which of the following writs can be issued by the Supreme Court?

    • A.Habeas Corpus
    • B.Mandamus
    • C.Quo-Warranto
    • D.All of the above✓ Correct Answer

    Explanation: The Supreme Court can issue writs including Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto for the enforcement of Fundamental Rights.

14. Q14.The jurisdiction and powers of the Supreme Court can be enlarged by?

    • A.The President
    • B.The Parliament✓ Correct Answer
    • C.The Chief Justice
    • D.The Union Cabinet

    Explanation: The Parliament is authorized to confer on the Supreme Court power to issue writs for other purposes or enlarge its jurisdiction.

15. Q15.A 'Curative Petition' can be filed in the Supreme Court after?

    • A.Dismissal of Review Petition✓ Correct Answer
    • B.Dismissal of Special Leave Petition
    • C.High Court Judgment
    • D.District Court Judgment

    Explanation: The concept of Curative Petition was evolved by the SC in the Rupa Ashok Hurra case (2002) to cure gross miscarriage of justice after the dismissal of a review petition.

16. Q16.What is the minimum number of judges required to constitute a Constitutional Bench?

    • A.3
    • B.5✓ Correct Answer
    • C.7
    • D.9

    Explanation: Article 145(3) mandates that a minimum of 5 judges are required to decide any case involving a substantial question of law as to the interpretation of the Constitution.

17. Q17.In which year was the Supreme Court of India inaugurated?

    • A.1947
    • B.1948
    • C.1950✓ Correct Answer
    • D.1952

    Explanation: The Supreme Court of India was inaugurated on January 28, 1950.

18. Q18.The Supreme Court of India succeeded which court?

    • A.Federal Court of India
    • B.Privy Council
    • C.British High Court
    • D.Both Federal Court of India and Privy Council✓ Correct Answer

    Explanation: The Supreme Court replaced both the Federal Court of India (established under the GoI Act 1935) and the British Privy Council (the highest court of appeal).

19. Q19.Is the Supreme Court bound by its own earlier decisions?

    • A.Yes, always
    • B.No, it can depart from them✓ Correct Answer
    • C.Yes, for 10 years
    • D.Only in civil cases

    Explanation: The Supreme Court is not bound by its own decisions and can depart from its previous rulings in the interest of justice and community welfare.

20. Q20.Which of the following is correct regarding the 'Ban on Practice' for retired Supreme Court judges?

    • A.They can practice in High Courts
    • B.They cannot plead or act in any court within the territory of India✓ Correct Answer
    • C.They can practice in Tribunals only
    • D.They can practice after 5 years of retirement

    Explanation: Article 124(7) states that a retired judge of the Supreme Court shall not plead or act in any Court or before any authority within the territory of India.