UPSC Prelims 2005 Q47: Indian Polity – Judiciary
Consider the following statements:
1. The Parliament cannot enlarge the jurisdiction of the Supreme Court of India as its jurisdiction
is limited to that conferred by the Constitution.
2. The officers and servants of the Supreme Court and High Courts are appointed by the
concerned Chief Justice and the administrative expenses are charged on the Consolidated Fund
of India.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (d) Neither 1 nor 2
Explanation
> Note for students: Some answer keys give a different option, but both statements are factually false (Parliament can enlarge the Supreme Court's jurisdiction; High Court expenses are charged on the State Consolidated Fund), so the correct answer is (d) Neither 1 nor 2.
Jurisdiction and staff of the Supreme Court and High Courts
| Statement | Verdict |
|---|---|
| 1. Parliament cannot enlarge SC jurisdiction | False: Parliament can extend it under Articles 138 and 139 |
| 2. Staff appointed by Chief Justice; expenses on Consolidated Fund of India | False: for High Courts, expenses are charged on the State Consolidated Fund |
Both statements are incorrect, so neither 1 nor 2 is right.
Answer: (d) Neither 1 nor 2.
Why each option is right or wrong
- (a) Incorrect. Parliament can enlarge the SC's jurisdiction under Article 138.
- (b) Incorrect. High Court expenses are charged on the State Consolidated Fund.
- (c) Incorrect. Both statements are false.
- (d) CORRECT. Neither statement is correct.
Key point
Article 138: Parliament can extend SC jurisdiction. HC expenses: State Consolidated Fund (Article 229).
Remember
Parliament can enlarge the Supreme Court's jurisdiction under Article 138.
Common mistakes
- Believing the SC's jurisdiction is fixed by the Constitution.
- Treating High Courts as funded from the Union fund.
- Not reading both parts of statement 2.
Exam tip
Remember: Supreme Court is paid from the Union fund; High Courts from the State fund.
Sources
- M. Laxmikanth — Indian Polity
- Constitution of India — Article 138 (enlargement of the jurisdiction of the Supreme Court) and Article 229 (expenses of the High Courts)