1. It has original jurisdiction in cases between Union and States
2. It can issue writs in the nature of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto
3. The Chief Justice of India is appointed by the President on the recommendation of the outgoing Chief Justice
4. Advisory jurisdiction of Supreme Court can only be exercised at the request of the President
Which statements are correct?
This question tests knowledge of the jurisdiction, powers, and appointment procedures of the Supreme Court of India as per the Constitution.
Statement 1: Original jurisdiction in cases between Union and States - CORRECT
Article 131 of the Indian Constitution grants the Supreme Court exclusive original jurisdiction in disputes between the Union and States, or between States themselves. This is a fundamental constitutional power.
Statement 2: Power to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) - CORRECT
Article 32 of the Constitution empowers the Supreme Court to issue writs for enforcement of fundamental rights. These five writs—Habeas Corpus (against unlawful detention), Mandamus (to compel performance of duty), Prohibition (to restrain lower courts), Certiorari (to quash orders), and Quo Warranto (to challenge authority)—are all recognized writs that the Supreme Court can issue.
Statement 3: Chief Justice appointed by President on recommendation of outgoing Chief Justice - INCORRECT
The Chief Justice of India is appointed by the President, but the recommendation comes from the incumbent Chief Justice (not the outgoing one specifically), and the process involves consultation with the government. While the senior-most judge typically becomes Chief Justice, this is not a formal recommendation requirement in all cases.
**Statement 4:
This question asks which constitutional power the President of India can exercise independently without needing the advice of the Council of Ministers.
The President of India's powers are classified into two categories: discretionary powers (exercised independently) and non-discretionary powers (exercised on ministerial advice). The appointment of the Prime Minister is a discretionary power because the President must use personal judgment to select the leader most likely to command majority support in the Lok Sabha, especially in situations of political uncertainty or coalition governments. In contrast, powers like granting pardons (Article 72), appointing judges (Article 124), and dissolving the Lok Sabha (Article 85) are all exercised on the aid and advice of the Council of Ministers, making them non-discretionary powers where the President acts on ministerial recommendation.
The correct answer is (A) Appointment of Prime Minister, as this is one of the few discretionary powers the President exercises independently without the mandatory aid and advice of the Council of Ministers.