Muslim side moves Supreme Court challenging Madhya Pradesh HC order in Bhojshala complex dispute case

Statement 1 is correct: Under Article 128, the Chief Justice of India may, at any time, with the previous consent of the President, request a retired Judge of the Supreme Court or a retired Judge of a High Court (who is duly qualified) to sit and act as a Judge of the Supreme Court. Statement 2 is not correct: Although there is no explicit Article in the Constitution equivalent to Article 137 (which grants review power to the SC) for High Courts, the High Courts are "Courts of Record" under Article 215. As a Court of Record, a High Court has the inherent power to review its own orders and judgments to correct any patent error or prevent a miscarriage of justice. This has been affirmed by the Supreme Court in various rulings.

Statement 1 is Incorrect: The Petroleum and Natural Gas Regulatory Board (PNGRB) was constituted under the Petroleum and Natural Gas Regulatory Board Act, 2006.
The independent regulator, Telecom Regulatory Authority of India (TRAI), set up under the TRAI Act of 1997, was the first independent regulator in India. Hence, statement 1 is not correct. Statement 2 is correct: PNGRB is tasked to protect the interests of consumers and entities engaged in specified activities relating to petroleum, petroleum products and natural gas and to promote competitive markets and for matters connected therewith or incidental thereto. Statement 3 is correct: The Appellate Tribunal established under Section 110 of the Electricity Act, 2003 (Central Act 36 of 2003) shall be the Appellate Tribunal to appeal against the decisions of the PNGRB.

Out of the four sites listed, two were included in the World Heritage List (WHS) in 2023: Shantiniketan and Sacred Ensembles of the Hoysalas. While Rani-ki-Vav was added to the WHS list in 2014 and the Mahabodhi Temple Complex at Bodhgaya in 2002.   * Shantiniketan: It was founded by Rabindranath Tagore's father, Maharshi Debendranath Tagore, in 1863 as a spiritual retreat. Shantiniketan was further expanded by Rabindranath Tagore into Visva-Bharati University in 1921, emphasizing the fusion of traditional Indian and modern Western education.  * Rani ki Vav: It was built in the 11th century CE by Queen Udayamati of the Solanki dynasty in Patan, Gujarat, as a memorial to her husband, King Bhimdev I. It is an exceptional example of stepwell design.  * Sacred Ensembles of Hoysalas: These were built during the 12th-13th centuries CE under the patronage of the Hoysala dynasty, centered in Karnataka. Hoysala temples are characterized by star-shaped platforms (jagatis). Some of the renowned temples are Chennakeshava Temple (Belur), Hoysaleswara Temple (Halebidu), and Keshava Temple (Somanathapura).  * Mahabodhi Temple Complex at Bodhgaya: It was built during the reign of Emperor Ashoka in the 3rd century BCE at the site where Gautama Buddha attained enlightenment under the Bodhi tree.

Statement 1 is incorrect. High Courts have the power to declare central laws unconstitutional. This power is derived from their inherent jurisdiction to uphold the Constitution. Statement 2 is incorrect. While the Supreme Court cannot question the amending power of the Parliament, it can review the constitutional validity of an amendment. The landmark case of Kesavananda Bharati v. State of Kerala established the doctrine of the 'basic structure' of the Constitution. Any amendment that violates this basic structure can be declared unconstitutional by the Supreme Court.

Dr. Sachchidananda Sinha was elected as the Provisional President of the Constituent Assembly on December 9, 1946. This was a temporary position. He served as the Chairman for two days, after which Dr. Rajendra Prasad was elected as the President of the Constituent Assembly on December 11, 1946. Here's why the other options are incorrect: * C. Rajagopalachari: He was the last Governor-General of India and played a significant role in the Indian independence movement. * Dr. B.R. Ambedkar: He was the Chairman of the Drafting Committee of the Constitution. *  T.T. Krishnamachari: He was a prominent member of the Constituent Assembly and later served as the Finance Minister of India.

Statement 1 is incorrect: The term "basic structure" is not explicitly mentioned in the Indian Constitution. It was first propounded by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973). The Court ruled that while Parliament has the power to amend the Constitution under Article 368, there are certain features of the Constitution that form its basic structure and cannot be altered or destroyed through amendments by Parliament. Although the basic structure doctrine includes elements such as federalism, secularism, democracy, and fundamental rights, these features are not explicitly listed as the 'basic structure' in the Constitution itself. Statement 2 is incorrect: The Constitution of India does not explicitly mention the power of judicial review. Instead, this power is derived from various provisions, particularly Articles 13, 32, 131-136, 143, 226, and 246. Judicial review allows the Supreme Court and High Courts to examine the constitutionality of legislative and executive actions, ensuring they do not violate fundamental rights or other constitutional provisions. This power is essential in maintaining the supremacy of the Constitution and protecting citizens' rights. Hence, neither of the statements is correct.

Statement 1 is incorrect: The Supreme Court ruled that Aadhaar metadata cannot be stored for more than six months, which invalidated the provision in the Aadhaar Act that allowed the storage of such data for up to five years. Statement 2 is correct: The Supreme Court struck down Section 57 which allowed private corporations to verify Aadhaar data. The Court held this provision unconstitutional, as it was seen to violate privacy rights. Statement 3 is incorrect: The 2018 Supreme Court judgment declared that making Aadhaar mandatory for services beyond welfare schemes, including financial services like insurance or for preventing money laundering, was unconstitutional. In response to this ruling, the IRDAI issued an advisory in 2019, clarifying that Aadhaar is not mandatory for obtaining insurance. It also withdrew its earlier 2017 policy that had made Aadhaar compulsory for insurance in the context of anti-money laundering measures. Statement 4 is correct: In the Aadhaar verdict, the Supreme Court upheld Section 7 of the Aadhaar Act, which allows the Central or State Governments to make Aadhaar authentication mandatory for receiving subsidies, benefits, or services funded by the Consolidated Fund of India. The Court defined welfare schemes as those funded by the Consolidated Fund of India, thus validating the use of Aadhaar for such schemes. Therefore, the correct answer is B. 2 and 4 only.

Article 142 of the Indian Constitution empowers the Supreme Court to pass orders and decrees necessary to ensure "complete justice" in any case before it. This power is vast and extraordinary. Article 142 allows the Supreme Court to ensure that ordinary laws comply with the Constitution and that complete justice is delivered. Even if an ordinary law creates limitations, the Supreme Court can override it using Article 142 to achieve a just outcome.

Statement 1 is correct: The Ninth Schedule was introduced through the First Constitutional Amendment (1951) to protect certain laws from judicial review, even if they violated Fundamental Rights (Part III of the Constitution). Statement 2 is incorrect: The protection under the Ninth Schedule is not absolute. As per the Kesavananda Bharati case (1973) and reaffirmed in the I.R. Coelho case (2007), laws placed in the Ninth Schedule after April 24, 1973, can still be challenged if they violate the "Basic Structure" of the Constitution. Thus, while the Ninth Schedule provides a degree of protection, the Supreme Court retains the power to review laws that undermine the Constitution’s core principles. Hence, the correct answer is option (a) 1 only.

* The First Amendment Act, of 1951, added the fourth clause to Article 15 that empowered the government to make any law for the upliftment of socially and educationally backward classes of citizens or the Scheduled Castes and Scheduled * Tribes. The added clause elucidates that in case such special provisions are introduced, they cannot be said to be breaching Article 15 and Article 29(2) of the Constitution. * The need to insert this clause was felt after the decision of the Supreme Court in the State of Madras v. Srimathi Champakam (1951). According to the facts of this case, the Madras government issued an Order that provided reservation on the grounds of religion, race, and caste. This Order was contended to be in breach of Article 15(1) of the Indian Constitution. The Court also gave a literal interpretation to the constitutional provisions and held that reserving seats in public institutions for backward classes violates Articles 15(1) and 29(2). Therefore, to nullify the effect of similar judicial pronouncements, Article 15 was amended. * Similarly, Article 19(1)(a) grants the right to free speech and expression to Indian citizens. This right is considered an essential feature of democracy. However, Article 19(2) specifies the restrictions that can curtail this freedom. The First Amendment to the Indian Constitution altered these restrictions by widening their ambit. The second change, via the Amendment Act of 1951, was made to Clause 6 of Article 19. Note: UPSC deleted this question when the final answer key was issued.