Which one of the following statements is not correct?
- A.The Supreme Court of India is a Court of Record.
- B.High Courts in India are Courts of Record.
- C.Subordinate Courts in India are Courts of Record.
- D.All Courts in India are not Courts of Record.
Correct answer
Explanation
The correct answer is C. Only the Supreme Court and the High Courts are courts of record under the Constitution; subordinate courts are not.
Article 129 declares the Supreme Court a court of record, and Article 215 does the same for every High Court. A court of record has two features. First, its judgments and proceedings are kept as permanent records of evidentiary value; they cannot be questioned when produced before any court and serve as binding precedents. Second, it has the power to punish for contempt of itself, which the Contempt of Courts Act, 1971 spells out. District and other subordinate courts are given no such status by the Constitution.
A is correct: Article 129 makes the Supreme Court a court of record.
B is correct: Article 215 makes each High Court a court of record.
D is correct: since subordinate courts lack this status, it is true that not all courts in India are courts of record.
Exam tip: court of record — Supreme Court, Article 129; High Courts, Article 215; power to punish for contempt.
Practice Questions
View allWho among the following scholars has conceptualized the Constitution of India as a 'seamless web' ?
- A.MV Pylee
- B.DD Basu
- C.Granville Austin
- D.Subhash Kashyap
Show answer
The American historian described the Indian Constitution as a "seamless web" of three closely linked strands.
Read the full explanation →With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws, etc. conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation ?
- A.Committee on Government Assurances
- B.Committee on Subordinate Legislation
- C.Rules Committee
- D.Business Advisory Committee
Show answer
This committee checks whether the rules, regulations and by-laws made by the executive under delegated powers stay within the limits Parliament set.
Read the full explanation →With reference to Deputy Speaker of Lok Sabha, consider the following statements : 1. As per the Rules of Procedure and Conduct of Business in Lok Sabha, the election of Deputy Speaker shall be held on such date as the Speaker may fix.
2. There is a mandatory provision that the election of a candidate as Deputy Speaker of Lok Sabha shall be from either the principal opposition party or the ruling party.
3. The Deputy Speaker has the same power as of the Speaker when presiding over the sitting of the House and no appeal lies against his rulings.
4. The well established parliamentary practice regarding the appointment of Deputy Speaker is that the motion is moved by the Speaker and duly seconded by the Prime Minister. Which of the statements given above are correct ?
- A.1 and 3 only
- B.1, 2 and 3
- C.3 and 4 only
- D.2 and 4 only
Show answer
The Speaker fixes the date of the Deputy Speaker's election, and a presiding Deputy Speaker has the full powers of the Speaker; statements 2 and 4 describe rules that do not exist.
Read the full explanation →With reference to the writs issued by the Courts in India, consider the following statements :
1. Mandamus will not lie against a private organisation unless it is entrusted with a public duty.
2. Mandamus will not lie against a Company even though it may be a Government Company.
3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
Which of the statements given above are correct?
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Show answer
Mandamus reaches anyone who owes a public duty, including government companies, and quo warranto can be sought by any interested person, not only the aggrieved one.
Read the full explanation →Which one of the following is not a function of the Constitution of India ?
- A.To ensure participation of good people in politics
- B.To guarantee a set of rights to citizens
- C.To define the power of the different organs of government
- D.To create conditions for a just society
Show answer
A constitution can set rules and limits, but it cannot guarantee that good people will enter politics. A constitution is the basic set of rules by which a country is governed.
Read the full explanation →