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32 Q 2 Topics Take Mock Test
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Difficulty: All Easy Medium Hard 31–32 of 32
Topics in UPSC IAS / IPS
Q.31 Hard
Consider the following regarding the Supreme Court of India:
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?
A 1, 2 and 3
B 2, 3 and 4
C 1, 2 and 4
D All of the above
Correct Answer:  C. 1, 2 and 4
EXPLANATION

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:

Test
Q.32 Hard
Which of the following powers can be exercised by the President of India independently without the aid and advice of the Council of Ministers?
A Appointment of Prime Minister
B Granting pardons and reprieves
C Appointment of judges of Supreme Court
D discretionary powers
Correct Answer:  D. discretionary powers
EXPLANATION

# Presidential Powers Under the Indian Constitution

The President of India has certain powers that can be exercised independently, while most executive powers require the aid and advice of the Council of Ministers as per Article 74.

Step 1: Understanding Constitutional Framework

Article 74 of the Indian Constitution mandates that the President shall exercise executive functions on the aid and advice of the Council of Ministers headed by the Prime Minister. However, Article 143 and other provisions recognize certain discretionary powers vested solely with the President.

\[\text{Presidential Powers} = \text{Cabinet-advised Powers} + \text{Discretionary Powers}\]

Step 2: Analyzing Each Option

- (A) Appointment of PM: Must follow the principle that the PM commands majority in Lok Sabha—requires constitutional convention guidance.

- (B) Granting pardons/reprieves: Exercised on advice of the Union Cabinet (Article 72).

- (C) Appointment of judges: Made on advice of the Union Cabinet and Chief Justice of India (Article 124).

- (D) Discretionary powers: These include matters like dissolution of Parliament (in certain situations), sending reference to Supreme Court (Article 143), and acting in situations where no clear constitutional guidance exists.

The correct answer is (D) discretionary powers, as these are the only powers the President can exercise independently without mandatory Council of Ministers' advice.

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