Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 4

The Supreme Court has advisory jurisdiction (to give its opinion) on any question of law or fact of public importance as may be referred to it for consideration by the President. 

The Supreme Court has advisory jurisdiction (to give its opinion) on any question of law or fact of public importance as may be referred to it for consideration by the President. 

 In Indian constitution article 129 make the Supreme Court the ‘court of record”. Article 129 says: Supreme Court to be a court of record.-The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.

Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

The Constitution of India provides for a legislature in each State and entrusts it with the responsibility to make laws for the state. The State Legislature can make laws on the subjects of the State List and the Concurrent List. It can enact any bill on any subject of State List, which becomes an Act with the signatures of the Governor. Normally, the Governor acts as a nominal and constitutional head and as such follows the advice of the State Chief Minister and his Council of Ministers. But the state legislatures are not allowed to discuss conduct of any High Court judge.

B.  Fundamental Rights.

Any citizen whose rights are violated may move the Supreme Court for the enforcement of the rights. The Supreme Court has the power to issue orders or writs, in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement  of any of the Fundamental Rights.

Supreme Court acts as guardian of Constitution by exercising Writs Jurisdiction, Appellate Jurisdiction and Power of Judicial Review.

According to Article 71 of the Constitution, all doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court.

The body which acts as the guardian of Fundamental Rights is the Supreme Court. The court protect the Fundamental Rights of the citizens from being exploited. The Supreme Court as the Guardian of Fundamental Rights can declare any law null and void if it violates. The Court also protect these rights if they are infringed by the action of the executive.

The high court is the highest court at the state level. Each High Court has jurisdiction over a state, a union territory or a group of states and union territories. Below the High Courts is a hierarchy of subordinate courts such as the civil courts, family courts, criminal courts and various other district courts. The High Courts are the principal civil courts of original jurisdiction in each state and union territory.