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

Correct — A, the statement pairing Articles 129 and 144 as the source of the contempt power. Article 129 is right: it makes the Supreme Court a court of record with power to punish for contempt of itself. Article 144 says something else entirely — all authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court. The contempt power's second constitutional home is Article 142(2), which lets the Court investigate and punish contempt of itself subject to any law made by Parliament. So the statement is not correct as printed, and the other three are accurate.

• (b)The Supreme Court has been vested with advisory jurisdiction. — Correct, and therefore not the answer. Article 143 allows the President to refer a question of law or fact of public importance, or a dispute arising out of a pre-Constitution treaty or agreement, for the Court's opinion.
• (c)The Supreme Court may refuse to provide opinion to the President, if so asked, in certain circumstances. — Also correct. Under Article 143(1) the Court 'may' report its opinion, and it has declined — most famously the 1993 reference on the Ram Janmabhoomi site. Only a reference under Article 143(2), on pre-Constitution treaties, must be answered.
• (d)Law declared by the Supreme Court is binding on all courts within the territory of India. — This is Article 141 almost word for word, and it is the foundation of precedent in India. It binds every other court but does not bind the Supreme Court itself.

The Supreme Court's powers are scattered across a run of articles in Part V that repay being learnt as a numbered list: 129 court of record, 131 original jurisdiction in federal disputes, 132 to 134 appellate jurisdiction, 136 special leave, 137 review, 139A transfer of cases, 141 binding precedent, 142 complete justice and contempt, 143 advisory opinion, and 144 the duty of all authorities to act in aid of the Court.

Not-correct items of this kind are usually built by taking a true proposition and attaching a wrong article number to it, which is exactly what happens here. The Court does have contempt power; the citation is what fails. A useful habit is to read each number independently of the claim it is attached to — 144 concerns the assistance the Court can command from other organs of the State, a provision invoked when police or revenue authorities are directed to enforce its orders.

• Article 129 — the Supreme Court is a court of record and may punish for contempt of itself.
• Article 142(2) — the Court may investigate and punish any contempt of itself, subject to law made by Parliament.
• Article 144 — all civil and judicial authorities in India shall act in aid of the Supreme Court.
• Article 143 — advisory jurisdiction; the Court may decline a reference made under clause (1).
• Article 141 — law declared by the Supreme Court binds all courts within the territory of India.

• Accepting an article number because the proposition attached to it is true.
• Believing every presidential reference must be answered; only Article 143(2) references must.
• Reading Article 141 as binding the Supreme Court itself, which it does not.

A not-correct item built on a misattached article number. Check the number and the claim separately.

• practice — not a real PYQ

  Which Article requires all civil and judicial authorities in India to act in aid of the Supreme Court?

  • (a)Article 141
  • (b)Article 142
  • (c)Article 143
  • (d)Article 144

  Answer(d) Article 144 — the provision misdescribed in this question as a source of contempt power.

• practice — not a real PYQ

  A presidential reference that the Supreme Court is bound to answer is one made under

  • (a)Article 143(1)
  • (b)Article 143(2)
  • (c)Article 142
  • (d)Article 137

  Answer(b) Article 143(2) — on disputes arising out of pre-Constitution treaties and agreements.