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ICSE-X-HistCivics

Previous Year Paper year:2014

with Solutions - page 3
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  • #5
    :
    With reference to the Supreme Court, explain its functions stated below: (a) Original Jurisdiction. (b) Advisory Function. (c) As a guardian of Fundamental Rights. (a) Original Jurisdiction. (b) Advisory Function. (c) As a guardian of Fundamental Rights.
    Ans : (a) Original Jurisdiction: The Original Jurisdiction extends to those cases which Supreme Court has authority to hear and decide in the first instance. The Supreme Court in its original jurisdiction in following cases—

    1. Dispute between Govt, of India and/or more states.

    2. Dispute between two or more states.

    3. Dispute between Union and any state on one side and other states on the other.

    4. The Supreme Court entertains suits for enforcement of Fundamental Rights.

    5. Original Jurisdiction extends to such cases in which interpretation of constitution is involved.

    (b) Advisory Function: The President may obtain the opinion of the Supreme Court on a question of Law or fact which is of public importance. The Supreme Court may report its opinion after such hearing as it thinks fit. The advisory opinion of the Supreme Court is not binding on the President or on other courts because it is not a judicial decision. (c) Guardian of Fundamental Rights—The Supreme Court is the Guardian and protector of Fundamental Rights. Any citizen whose rights have been violated may move to the Supreme Court for enforcement of Rights. The Supreme Court has the power to issue orders or writs in the nature of habeas corpus, mandamus, prohibition and quo warranto and certiorari for the enforcement of the Fundamental Laws.
    The Union and the State governments are prohibited from making laws which takes away the Fundamental Rights. If they do so, the law shall be declared null and void by the Supreme Court. (a) Original Jurisdiction: The Original Jurisdiction extends to those cases which Supreme Court has authority to hear and decide in the first instance. The Supreme Court in its original jurisdiction in following cases—

    1. Dispute between Govt, of India and/or more states.

    2. Dispute between two or more states.

    3. Dispute between Union and any state on one side and other states on the other.

    4. The Supreme Court entertains suits for enforcement of Fundamental Rights.

    5. Original Jurisdiction extends to such cases in which interpretation of constitution is involved.

    (b) Advisory Function: The President may obtain the opinion of the Supreme Court on a question of Law or fact which is of public importance. The Supreme Court may report its opinion after such hearing as it thinks fit. The advisory opinion of the Supreme Court is not binding on the President or on other courts because it is not a judicial decision. (c) Guardian of Fundamental Rights—The Supreme Court is the Guardian and protector of Fundamental Rights. Any citizen whose rights have been violated may move to the Supreme Court for enforcement of Rights. The Supreme Court has the power to issue orders or writs in the nature of habeas corpus, mandamus, prohibition and quo warranto and certiorari for the enforcement of the Fundamental Laws.
    The Union and the State governments are prohibited from making laws which takes away the Fundamental Rights. If they do so, the law shall be declared null and void by the Supreme Court.
  • #5-a [3]
    Original Jurisdiction.
    Ans : Original Jurisdiction: The Original Jurisdiction extends to those cases which Supreme Court has authority to hear and decide in the first instance. The Supreme Court in its original jurisdiction in following cases—

    1. Dispute between Govt, of India and/or more states.

    2. Dispute between two or more states.

    3. Dispute between Union and any state on one side and other states on the other.

    4. The Supreme Court entertains suits for enforcement of Fundamental Rights.

    5. Original Jurisdiction extends to such cases in which interpretation of constitution is involved.

  • #5-b [3]
    Advisory Function.
    Ans : Advisory Function: The President may obtain the opinion of the Supreme Court on a question of Law or fact which is of public importance. The Supreme Court may report its opinion after such hearing as it thinks fit. The advisory opinion of the Supreme Court is not binding on the President or on other courts because it is not a judicial decision.
  • #5-c [4]
    As a guardian of Fundamental Rights.
    Ans : Guardian of Fundamental Rights—The Supreme Court is the Guardian and protector of Fundamental Rights. Any citizen whose rights have been violated may move to the Supreme Court for enforcement of Rights. The Supreme Court has the power to issue orders or writs in the nature of habeas corpus, mandamus, prohibition and quo warranto and certiorari for the enforcement of the Fundamental Laws.
    The Union and the State governments are prohibited from making laws which takes away the Fundamental Rights. If they do so, the law shall be declared null and void by the Supreme Court.