Higher Judiciary: Supreme Court and High Courts: UPSC Previous Year Questions (Polity)
26 previous year UPSC Prelims questions on the Supreme Court and High Courts are on this page, from 1996 to 2023. The questions cover original and advisory jurisdiction, appointment and removal of judges, public interest litigation, contempt of court and the territorial jurisdiction of High Courts. The explanations cite the Article that fixes each rule.
Explanations state facts as of the year each question was asked; words like “recently” refer to that year.
Showing 21–26 of 26 questions
Browse by year
UPSC 2002Polity · Higher Judiciary: Supreme Court and High Courts
Q21. The salaries and allowances of the Judges of the High Court are charged to the:
Explanation
The parliament of India, while exercising the power under article 221, has made provision that the salary and Allowances of a HC judge be charged upon the Consolidated fund of State while Pension upon the Consolidated Fund of India. Consolidated Fund of India (Article 266) covers central government expenses, including Supreme Court judges’ salaries. Consolidated Fund of the State (Article 266), includes all state revenues and loans and covers state expenses. The Contingency Fund of India [ Article 267(1)] of the Indian Constitution is a reserve fund for meeting unforeseen and urgent expenditures, placed at the disposal of the President of India. The Contingency Fund of the State [Article 267(2)] of the Indian Constitution, is a reserve for unforeseen and urgent expenditures, available to the Governor of the state.
UPSC 2001Polity · Higher Judiciary: Supreme Court and High Courts
Q22. The Supreme Court of India tenders advice to the President on a matter of law or fact:
Explanation
Under article 143 of the Indian Constitution, the President can seek the Supreme Court’s opinion on public importance matters. However, this advice is provided only if the President asks for it; the Supreme Court does not offer advice on its own initiative. This process is known as the Advisory Jurisdiction of the Supreme Court under Article 143.
UPSC 2001Polity · Higher Judiciary: Supreme Court and High Courts
Q23. Consider the following statements regarding the High Courts in India: 1. There are eighteen High Courts in the country. 2. Three of them have jurisdiction over more than one state. 3. No Union Territory has a High Court of its own. 4. Judges of the High Court hold office till the age of 62. Which of these statements is/are correct?
Explanation
Article 214-231 deals with the provisions of High Courts in India. Article 214 provides for a HC in each state while article 231 enables a HC to be shared with multiple states.
Statement 1 is incorrect: After the establishment of the Andhra Pradesh High Court in 2019, there were 25 High Courts in India.
Statement 2 is correct: Three high courts (Guwahati, Bombay and Punjab & Haryana High Courts) have jurisdiction over more than one state.
Statement 3 is incorrect: Delhi is the only UT having its own HC.
Statement 4 is correct: Judges of the High Court hold office till the age of 62. However the judges of supreme court hold office till the age of 65. Note: In this question though 2 statements are correct, but "d" is the most appropriate option.
UPSC 1997Polity · Higher Judiciary: Supreme Court and High Courts
Q24. Given below are two statements, one labelled as Assertion (A) and the other labelled as Reason (R). Assertion (A): Wilful disobedience or non-compliance of Court orders and use of derogatory language about judicial behaviour amount to Contempt of Court. Reason (R): Judicial activism cannot be practised without arming the judiciary with punitive powers to punish contemptuous behaviour. In the context of the above two statements, which one of the following is correct?
Explanation
Article 129 grants the Supreme Court the power to punish for contempt while Article 215 provides similar powers to the High Courts. Judicial activism on the other hand is an innovation of courts. Assertion (A) is true: Contempt of Court, per Section 2(b) of the Contempt of Courts Act, 1971, means willful disobedience to court orders or breach of an undertaking given to the court. Reason (R) is true: Judicial activism enables judges to interpret the law and Constitution broadly, influencing public policy. However, it requires the power to punish contempt to maintain the judiciary’s effectiveness and authority. Reason (R) does not explain Assertion (A) because the courts punish contempt to maintain their authority and ensure compliance with their rulings, thus upholding the rule of law and not aimed at judicial activism.
UPSC 1996Polity · Higher Judiciary: Supreme Court and High Courts
Q25. The power of the Supreme Court of India to decide disputes between the Centre and the State falls under its:
Explanation
Option (c) is correct: Article 131 of the Constitution of India confers original and exclusive jurisdiction on the Supreme court of India which covers adjudication of the disputes between - (a) the Centre and one or more states; or (b) the Centre and any state or states on one side and one or more states on the other; or (c) Between two or more states. Options (a), (b) and (d) are incorrect:
The Supreme Court hears appeals against decisions of High Courts and other lower courts under the Appellate Jurisdiction (Article 132 to Article 136). The President of India can seek the Supreme Court’s opinion on constitutional or legal matters under the Advisory Jurisdiction (Article 143). Constitutional Jurisdiction refers to the jurisdiction of the Supreme Court in cases related to the interpretation and enforcement of the Constitution, especially in matters involving constitutional validity.
UPSC 1996Polity · Higher Judiciary: Supreme Court and High Courts
Q26. When the Chief Justice of a High Court acts in an administrative capacity, he is subject to:
Explanation
Article 227 grants High Courts the power of superintendence over all subordinate courts and tribunals within their jurisdiction. For this purpose the Chief Justice of a HC has to take decisions of administrative nature. When the Chief Justice of a High Court acts in an administrative capacity, his actions can be subject to judicial scrutiny under Article 226 of the Indian Constitution, and a bench of the High Court may examine such matters. Article 226 of the Indian Constitution empowers High Courts to issue certain writs to enforce the rights of individuals. The Supreme Court issues writs under article 32. Habeas Corpus To release a person unlawfully detained. Mandamus To compel a public authority to perform its duty. Prohibition To prevent lower courts from exceeding their jurisdiction. Certiorari To transfer a matter from a lower court to a higher court. Quo Warranto To challenge the legality of a person’s claim to a public office.
Answer key for these questions
Q
UPSC year
Correct answer
21
2002
(b) Consolidated Fund of the State
22
2001
(b) only if he seeks such advice
23
2001
(d) 4 only
24
1997
(b) Both A and R are true but R is not the correct explanation of A
25
1996
(c) original jurisdiction
26
1996
(a) the writ jurisdiction of any other judges of the High Court.
What UPSC has tested in Higher Judiciary: Supreme Court and High Courts
The Supreme Court decides disputes between the Centre and the States under its original jurisdiction (Article 131).
The Supreme Court gives advice to the President only if the President seeks it (Article 143).
Parliament has the power to increase the number of Supreme Court judges.
A High Court judge is removed in the same manner as a Supreme Court judge; High Court judges’ salaries are charged to the Consolidated Fund of the State.
Public Interest Litigation was introduced in India when P.N. Bhagwati was Chief Justice.
The Calcutta High Court has jurisdiction over the Andaman and Nicobar Islands; one High Court serves Punjab, Haryana and Chandigarh.
Frequently asked questions
How many previous year UPSC questions are there on Higher Judiciary: Supreme Court and High Courts?
This page covers 26 previous year UPSC Prelims GS Paper-I questions on Higher Judiciary: Supreme Court and High Courts (Polity), asked from 1996 to 2023. Each has the correct answer and an explanation.
What is the original jurisdiction of the Supreme Court?
Under Article 131, the Supreme Court alone hears disputes between the Government of India and one or more States, between the Centre and a State on one side and other States on the other, or between States.
How is a Supreme Court judge removed?
By the President on an address passed by each House of Parliament, supported by a majority of its total membership and two-thirds of members present and voting, on grounds of proved misbehaviour or incapacity. High Court judges are removed the same way.
Can Parliament change the number of Supreme Court judges?
Yes. Article 124(1) fixes the number by law, and Parliament can increase it. The Supreme Court (Number of Judges) Act has been amended several times to raise the strength of the Court.
Which High Court has jurisdiction over the Andaman and Nicobar Islands?
The Calcutta High Court. A Circuit Bench sits at Port Blair. Several High Courts serve more than one State or Union Territory, for example the Punjab and Haryana High Court, which also covers Chandigarh.
