Supreme Court High Court MCQs are the cornerstone topic for aspirants aiming to clear competitive exams. In this guide, we cover the 24 most important questions. This critical mock test is specifically designed for UPSC Civil Services Examination, State Public Service Commission Exams, Judicial Services Examination, SSC CGL, and Railway Exams to help you master the concepts quickly.
Why This Supreme Court & High Court MCQs Test Matters?
Exam Weightage: This topic carries significant marks in both Prelims and Mains.
Difficulty: Moderate to Hard.
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Supreme Court & High Court MCQs – 24 Most Expected Questions for Judiciary Exams (21 MCQs Test)
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Which Part of the Constitution of India deals with the organization, independence, jurisdiction, powers, and procedures of the Supreme Court?
Explanation:
Correct: C
Part V of the Constitution (The Union) covers the Supreme Court under Articles 124 to 147. While studying Supreme Court & High Court MCQs, remember that Part VI deals with the States (including High Courts). This distinction is vital for Judiciary Exam Questions.
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Who administers the oath or affirmation to a person appointed as a Judge of a High Court in India?
Explanation:
Correct: C
According to Article 219, the oath to a High Court Judge is administered by the Governor of the State or some person appointed by him in that behalf. This procedural fact is frequently asked in Legal GK sections.
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Which of the following is NOT a constitutional qualification to be appointed as a Judge of the Supreme Court of India?
Explanation:
Correct: D
The Constitution (Article 124) prescribes citizenship and experience (Judge for 5 years or Advocate for 10 years or Distinguished Jurist) but does NOT prescribe any minimum age for appointment as a Supreme Court Judge. Age limits are often confused in Indian Constitution MCQs.
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Consider the following statements:
Assertion (A) – The salaries, allowances, and pensions of the Judges of the Supreme Court are charged on the Consolidated Fund of India.
Reason (R) – These expenses are non-votable by the Parliament to ensure the financial independence of the judiciary.
Assertion (A) – The salaries, allowances, and pensions of the Judges of the Supreme Court are charged on the Consolidated Fund of India.
Reason (R) – These expenses are non-votable by the Parliament to ensure the financial independence of the judiciary.
Explanation:
Correct: A
To ensure judicial independence, Article 112(3) declares these expenses as “charged” on the Consolidated Fund of India, meaning they can be discussed but not voted upon (reduced/rejected) by Parliament. This ensures the autonomy of the judiciary.
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A Judge of the Supreme Court can be removed from his office by an order of the President. This order can be issued only after an address by Parliament has been presented to him, supported by which type of majority?
Explanation:
Correct: C
Under Article 124(4), the address must be supported by a majority of the total membership of that House AND by a majority of not less than two-thirds of the members of that House present and voting. This is a rigorous process known as impeachment.
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Scenario: A motion for the removal of a Supreme Court Judge is admitted in the Lok Sabha. The Speaker constitutes a three-member committee to investigate the charges under the Judges Inquiry Act, 1968. Who among the following is NOT eligible to be a member of this inquiry committee?
Explanation:
Correct: D
The Judges Inquiry Act, 1968 mandates the committee consist of: (1) CJI or a SC Judge, (2) A Chief Justice of a High Court, and (3) A distinguished jurist. There is no provision for the Law Minister or any executive member to ensure separation of powers.
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Under Article 127, the Chief Justice of India can appoint a Judge of a High Court as an ad-hoc Judge of the Supreme Court. This appointment requires the previous consent of whom?
Explanation:
Correct: A
The CJI can appoint an ad-hoc judge only after strictly obtaining the previous consent of the President of India and a consultation with the Chief Justice of the concerned High Court. This is a temporary measure for quorum issues.
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Which Article of the Constitution confers “Original Jurisdiction” on the Supreme Court to adjudicate disputes between the Government of India and one or more States?
Explanation:
Correct: A
Article 131 deals with the Original Jurisdiction of the Supreme Court, handling disputes between the Centre and States, or between States themselves, involving questions of law or fact. This is exclusive to the SC.
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Under Article 143, the President of India may refer a question of law or fact to the Supreme Court for its opinion. Which of the following statements regarding this “Advisory Jurisdiction” is correct?
Explanation:
Correct: C
In the context of Supreme Court & High Court MCQs, it is vital to note that the SC is not bound to give an opinion (except in pre-constitution treaty matters). Furthermore, the opinion expressed is advisory in nature and not binding on the President.
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Consider the following statements:
Assertion (A) – The Supreme Court acts as a “Court of Record.”
Reason (R) – It has the power to punish for contempt of itself.
Assertion (A) – The Supreme Court acts as a “Court of Record.”
Reason (R) – It has the power to punish for contempt of itself.
Explanation:
Correct: A
Under Article 129, being a Court of Record implies two things: its judgments are recorded for perpetual memory/testimony, and it has the power to punish for contempt (civil or criminal) of itself. This ensures the court’s authority.
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Scenario: A public official is holding a constitutional office (e.g., a permanent government post) but allegedly lacks the necessary qualifications for it. A citizen wants to challenge the legality of his claim to that office. Which writ should the citizen petition the court to issue?
Explanation:
Correct: C
“Quo-Warranto” means “By what authority?” It is issued to inquire into the legality of a claim of a person to a public office. Unlike other writs, this prevents illegal usurpation of public office and can be filed by any interested person.
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The Original Jurisdiction of the Supreme Court under Article 131 does NOT extend to which of the following disputes?
Explanation:
Correct: C
The proviso to Article 131 specifically excludes disputes arising out of any treaty, agreement, covenant, engagement, or sanad entered into before the commencement of the Constitution. Such matters are handled via Advisory Jurisdiction (Art 143).
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Which of the following statements regarding the “Curative Petition” is incorrect?
Explanation:
Correct: C
Article 137 mentions the “Review” power. The “Curative Petition” is a judicial innovation evolved by the SC in 2002. When practicing Supreme Court & High Court MCQs, distinguishing between constitutional text and judicial innovations is crucial for high scores.
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Under Article 136, the Supreme Court is granted a special power known as “Special Leave to Appeal.” This power:
Explanation:
Correct: C
Article 136 is a discretionary power (not a right) vested in the SC to grant special leave to appeal against any judgment from any court/tribunal in India, excluding those constituted under Armed Forces laws. It is a plenary power.
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Which Article of the Directive Principles of State Policy (DPSP) directs the State to take steps to separate the judiciary from the executive in the public services of the State?
Explanation:
Correct: C
Article 50 directs the State to take steps to separate the judiciary from the executive to ensure judicial independence. This is a key feature of the Indian Constitution and a foundational principle of the Rule of Law.
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Which of the following statements regarding the ban on practice after retirement is correct?
Explanation:
Correct: D
Article 220 restricts a retired Permanent Judge of a High Court from pleading in any court in India except the Supreme Court and the other High Courts. However, a retired Supreme Court judge is completely banned from pleading in any court.
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According to Article 121 of the Constitution, the conduct of any Judge of the Supreme Court or a High Court in the discharge of his duties can be discussed in Parliament only when:
Explanation:
Correct: B
Article 121 prohibits discussion in Parliament regarding the conduct of any Judge in the discharge of his duties, except upon a motion for removal. This is a common topic in Supreme Court & High Court MCQs to test knowledge on the separation of powers.
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The concept of “Public Interest Litigation” (PIL) was introduced in the Indian judicial system in the 1980s. Who among the following is popularly known as the “Father of PIL” in India?
Explanation:
Correct: B
Justice P.N. Bhagwati (along with Justice V.R. Krishna Iyer) pioneered the concept of PIL, relaxing the rule of locus standi to allow any public-spirited citizen to approach the court on behalf of the poor or oppressed.
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Under Article 233, the appointment, posting, and promotion of District Judges in a State are made by:
Explanation:
Correct: C
Article 233 mandates that appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.
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Scenario: The President of India intends to transfer a Judge from the High Court of Madras to the High Court of Kerala. According to the Constitution and judicial precedents, whose consultation is mandatory before this transfer order is issued?
Explanation:
Correct: B
Article 222 empowers the President to transfer a judge from one High Court to another “after consultation with the Chief Justice of India.” In the Collegium system, this consultation is the decisive factor.
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Consider the following statements:
Assertion (A) – The High Court has the power of superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction (Article 227).
Reason (R) – This power of superintendence includes both administrative and judicial superintendence.
Assertion (A) – The High Court has the power of superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction (Article 227).
Reason (R) – This power of superintendence includes both administrative and judicial superintendence.
Explanation:
Correct: A
Unlike the appellate jurisdiction, the power under Article 227 is a supervisory power that extends to both administrative functioning (rules, forms, accounts) and judicial functioning (correcting patent errors of law) of subordinate courts.
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Quick Revision: Key Facts for Supreme Court & High Court MCQs
Retirement Age: Supreme Court Judges retire at 65 years, while High Court Judges retire at 62 years.
Oath Takers: SC Judges take oaths before the President, while HC Judges take oaths before the Governor.
Resignation: Both SC and HC Judges submit their resignations to the President of India.
Article Range: The Supreme Court is covered under Articles 124-147 (Part V), and High Courts under Articles 214-231 (Part VI).
Frequently Asked Questions
Why are Supreme Court & High Court MCQs important for Judiciary exams?
The Judiciary and Constitutional Law form the backbone of these exams. Questions on jurisdiction, appointments, and writs appear in almost every Preliminary paper.
Is the High Court subordinate to the Supreme Court?
Judicially, yes, as the SC is the appellate authority. However, constitutionally, the High Court is not a subordinate court; it is an independent constitutional body at the state level.
Can a retired High Court Judge practice law?
Yes, but with restrictions. Under Article 220, they can practice only in the Supreme Court and High Courts other than the one where they served as a permanent judge.