CAPF AC 2021 Q46: Indian Polity – Judiciary
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) Power of court of record
Explanation
Powers shared by the Supreme Court and the High Courts
How to think: go through each power and ask which Article gives it.
Three of them are given only to the Supreme Court.
Being a court of record is given to both.
| Power | Supreme Court | High Court |
|---|---|---|
| Court of record (records have evidentiary value; power to punish for contempt) | Article 129 | Article 215 |
| Advisory jurisdiction | Article 143 | No |
| Complete justice in any cause or matter | Article 142 | No |
| Special Leave Petition | Article 136 | No |
| Writ jurisdiction | Article 32 | Article 226 (wider) |
Answer: (c) Power of court of record.
Why each option is right or wrong
- (a) Incorrect. Advisory power under Article 143 belongs only to the Supreme Court.
- (b) Incorrect. The power to do complete justice under Article 142 is only with the Supreme Court.
- (c) CORRECT. Both are courts of record: Article 129 (Supreme Court) and Article 215 (High Courts).
- (d) Incorrect. Special leave to appeal under Article 136 is granted only by the Supreme Court.
Key point
Court of record: Article 129 (Supreme Court), Article 215 (High Court). Only Supreme Court: Article 136 (special leave), 142 (complete justice), 143 (advisory). Writs: Article 32 and Article 226.
Remember
Court of record: Article 129 and Article 215.
Common mistakes
- Thinking the Governor can seek the advice of the High Court as the President does.
- Assuming High Courts also have the Article 142 power of complete justice.
- Forgetting Article 215, which makes every High Court a court of record.
Exam tip
Educated guess: advisory opinion, complete justice and special leave are the special badges of the Supreme Court. The ordinary feature, court of record with contempt power, is shared.
Sources
- Constitution of India — Articles 129, 136, 142, 143 and 215
- NCERT Class XI Political Science — Indian Constitution at Work, Chapter 6: Judiciary