Which one of the following statements about the Supreme Court is not

Which one of the following statements about the Supreme Court is not correct?

[amp_mcq option1=”Under Article 129 and Article 144 of the Constitution of India, the Supreme Court has been vested with power to punish for contempt of court.” option2=”The Supreme Court has been vested with advisory jurisdiction.” option3=”The Supreme Court may refuse to provide opinion to the President, if so asked, in certain circumstances.” option4=”Law declared by the Supreme Court is binding on all courts within the territory of India.” correct=”option1″]

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UPSC CAPF – 2021

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Statement A is not entirely correct. While the Supreme Court is vested with the power to punish for contempt of court under Article 129 of the Constitution (which declares it a court of record), Article 144 does not *vest* this power. Article 144 mandates all civil and judicial authorities to act in aid of the Supreme Court, which helps in the enforcement of its orders, including those related to contempt, but the power itself is derived from Article 129. Therefore, stating that the power is vested “under Article 129 and Article 144” is inaccurate regarding Article 144.

– Article 129 makes the Supreme Court a court of record and grants it the power to punish for contempt of itself.
– Article 143 provides for the advisory jurisdiction of the Supreme Court, allowing the President to seek its opinion. The Court has discretion in whether to provide an opinion.
– Article 141 declares that law declared by the Supreme Court is binding on all courts within the territory of India.

Statements B, C, and D are correct provisions regarding the Supreme Court’s powers and functions. The advisory jurisdiction is a unique feature, the discretion to refuse opinion is a recognized aspect of Article 143 interpretations, and the binding nature of SC judgments (doctrine of precedent) is fundamental to the Indian judicial system. The inaccuracy lies specifically in citing Article 144 as a source for vesting contempt power.

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