CAPF AC 2021 Q48: Indian Polity – Judiciary
- (a) Under Article 129 and Article 144 of the Constitution of India, the Supreme Court has been vested with power to punish for contempt of court.
- (b) The Supreme Court has been vested with advisory jurisdiction.
- (c) The Supreme Court may refuse to provide opinion to the President, if so asked, in certain circumstances.
- (d) Law declared by the Supreme Court is binding on all courts within the territory of India.
Answer: (a) Under Article 129 and Article 144 of the Constitution of India, the Supreme Court has been vested with power to punish for contempt of court.
Explanation
Statements about the Supreme Court
How to think: the trap is in the Article numbers.
The contempt power comes from Article 129 and Article 142(2).
Article 144 is about something else.
| Article | What it says |
|---|---|
| 129 | Supreme Court is a court of record with power to punish for contempt of itself |
| 142(2) | Power to make orders for the punishment of any contempt of itself |
| 144 | All civil and judicial authorities shall act in aid of the Supreme Court |
| 143 | Advisory jurisdiction on a reference by the President |
| 141 | Law declared by the Supreme Court is binding on all courts in India |
On statement (c): under Article 143(1) the Court may give its opinion, so it can decline.
It declined to answer in the Ayodhya reference (1993-94).
Under Article 143(2), on pre-Constitution treaties, it must give its opinion.
So statement (a) is the wrong one, because of Article 144.
Answer: (a).
Why each option is right or wrong
- (a) CORRECT. This is wrong: contempt power flows from Articles 129 and 142, not Article 144.
- (b) Incorrect. This is true: Article 143 gives the Supreme Court advisory jurisdiction.
- (c) Incorrect. This is true: under Article 143(1) the Court may decline to give an opinion.
- (d) Incorrect. This is true: Article 141 makes its law binding on all courts in India.
Key point
Contempt: Articles 129 and 142(2). Article 141: law declared is binding. Article 143: advisory jurisdiction (may refuse under 143(1), must answer under 143(2)). Article 144: authorities to act in aid of the Supreme Court.
Remember
Contempt: 129 and 142. Article 144: act in aid of the Court.
Common mistakes
- Accepting statement (a) without checking that Article 144 is the wrong number.
- Thinking the Supreme Court is bound to answer every Presidential reference.
- Missing the word not and marking one of the true statements.
Exam tip
Educated guess: when a statement packs in two Article numbers, the examiner usually changed one of them. Statements (b), (c) and (d) are plain textbook lines.
Sources
- Constitution of India — Articles 129, 141, 142, 143 and 144
- NCERT Class XI Political Science — Indian Constitution at Work, Chapter 6: Judiciary