CLAT Sample Paper UG-CLAT Mock Test-3 (2020)

  • question_answer
    The Supreme Court is the highest court of appeal in India and it acts as a final arbiter of the Constitution of India. It is the protector of our Constitution; if any act of the executive or legislature goes against the constitutional principles, the Supreme Court can declare that act to be null and void. Apart from protecting the Constitution, it also interprets it whenever required. The role of the courts can be understood under the following heads:
    Resolution of disputes
    A dispute could arise between State Governments or even between Central Government and other State Governments. In these cases. The Supreme Court resolve the disputes amongst them. To exercise these functions, the Supreme Court has been vested with original Jurisdiction by the Constitution of India under Article 131. It means that in case of a dispute between the Union Government and State Government or two State Governments, the Supreme Court shall exclusively exercise its jurisdiction.
    As a protector of rights
    Article 32 vests writ jurisdiction (power to issue an order which is binding and must be compulsorily complied with by all Authorities) on the Supreme Court which means in case of violation of fundamental rights, the-aggrieved person can directly approach the Supreme Court for their enforcement. Similarly, the High Courts exercise their jurisdiction at the State-level and they also have the power to issue writs to enforce fundamental rights of the citizens. They also supervise all the courts within their jurisdiction. Lastly, the District Courts are the courts which are usually approached by the parties in the first instance.
    Interpretation
    In case of an ambiguous provision under any law, the courts undertake the task of interpreting the provision. The interpretation given by the judges must be in accordance with the principles enshrined in the Constitution of India. The Supreme Court is the, final authority to interpret and uphold the law of the land in accordance with the Constitution of India.
    Advisory role
    This role is exercised by the Supreme Court of India under Article 143 of the Constitution of India, which is also called “"Presidential Reference”". It means that in case of a question of law or fact of public importance, the President of India can request the Supreme Court to render its advice on the same. The references made under this article are not “law declared by the Supreme Court” under Article 141, but they do have a high persuasive value.
    Which among the following is not a role performed by the Supreme Court?

    A) It has the power to grant citizenship of India to a foreigner

    B) It interprets constitution

    C) It advices the President on reference

    D) It protects the fundamental rights

    Correct Answer: A

    Solution :

    (a) The Supreme Court cannot grant citizenship. It performs all the other functions mentioned in the options.


You need to login to perform this action.
You will be redirected in 3 sec spinner