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Which of the following statements with reference to the relation between Supreme and High court is/are correct?
1. Supreme Court has power to reverse, confirm, annul or modify the decree or order of a high court
2. Supreme Court can transfer any case pending before one High Court to another High Court
3. Any law declared by the Supreme Court is binding on all high courts
Choose the correct code
1 and 2 only
2 and 3 only
1 and 3 only
1, 2 and 3
In a unified hierarchical judicial system which India has accepted under its Constitution, vertically the Supreme Court is placed over the High Courts.
There are a few provisions which give an edge, and assign a superior place in the hierarchy, to Supreme Court over High Courts. So far as the appellate jurisdiction is concerned, in all civil and criminal matters, the Supreme Court is the highest and the ultimate court of appeal. It is the final interpreter of the law. Under Article 139-A, the Supreme Court may transfer any case pending before one High Court to another High Court or may withdraw the case to itself. Under Article 141 the law declared by the Supreme Court shall be binding on all courts, including High Courts, within the territory of India. Under Article 144 all authorities, civil and judicial, in the territory of India -- and that would include High Court as well -- shall act in aid of the Supreme Court.
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