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Judiciary — UPSC Prelims Polity previous year questions — page 2

201 solved previous year questions on Judiciary, papers from 1995 to 2023, drawn from UPPCS, UPSC CSE Prelims, UPSC CDS. Each carries the printed answer key and the explanation from the source compilation.

1. #41UPSC CDS 2020
   In the Indian judicial system, writs are issued by
   • Athe Supreme Court only
   • Bthe High Courts only
   • Cthe Supreme Court and High Courts only
   • Dthe Supreme Court, High Courts and Lower Courts
   Answer: (C) the Supreme Court and High Courts only
   Explanation

   Option c is the correct the Supreme Court and High Courts have to issue writs. While the Supreme Court writs for the enforcement of fundamental rights, can issue writs not only for fundamental rights for other purposes, such as the enforcement of or statutory duties. Important Tip Article 32, Constitution of India 1950

2. #42UPSC CDS 2016
   In which one of the following judgments of the Constitutional Bench of the Supreme Court of India, the rarest of principle in the award of death penalty was first laid down?
   • ABachan Singh Vs State of Punjab (1980)
   • BGopalanachari Vs State of Kerala (1980)
   • CDr. Upendra Baxi Vs State of Uttar Pradesh (1983)
   • DTukaram Vs State of Maharashtra (1979)
   Answer: (A) Bachan Singh Vs State of Punjab (1980)
   Explanation

   Option a is the correct. In Bachan Singh Vs State of Punjab (1980), Supreme Court laid down that Capital Punishment in India would be given only in the rarest of rare cases. It stated that the principle that the death penalty ought not to be awarded unless the alternative of life imprisonment is "unquestionably foreclosed" Important Tip Gopalanachari Vs State of Kera la (1980) Person shall be given legal aid at the expense of the state. Dr. Upendra Baxi Vs State of Uttar Pradesh (1983) seeking enforcement of the constitutional rights. Tukaram Vs State of Maharashtra (1979) There is a word of difference between sexual intercourse rape

3. #43UPSC CDS 2016
   In which one of the following cases, the constitutional validity of the Muslim Women (Protection of Rights of Divorce) Act, 1986, was upheld by the Supreme Court of India?
   • AMuhammad Ahmed Khan Vs Shah Bano Begum
   • BDaniel Latifi Vs Union of India
   • CMary Roy vs State of Kerala
   • DShankari Prasad Vs Union of India
   Answer: (B) Daniel Latifi Vs Union of India
   Explanation

   Option b is the correct answer Daniel Latifi Vs Union of India: In this case a divorced Muslim women is entitled to reasonable and fair provision and maintenance from her former husband and this should be paid within the period of iddat. Muhammad Ahmed Khan Vs Shah Bano Begum In this case Supreme Court stated that divorced women had the right to maintenance even after the period of Iddat was over. Mary Roy Vs State of Kerala landmark case brought equal rights for Syrian Christian women in India as their male siblings on matters of inheritance. Shankari Prasad Vs. Union of India In this case Constitutional validity of the first amendment act( 1951) was challenged

4. #44UPSC CDS 2016
   The basic structure doctrine with regard to j the Constitution of India relates to the power of judicial review. 2. the judgement in Kesavananda Bharati case (1973). 3. the constraints on Article-368 of the Constitution of India. 4. the judgement in Golaknath case (l 967). Which of the given above is/are correct?
   • A1, 2 and 3 84
   • B2 and 4
   • C1 and 3
   • DAll of these_
   Answer: (A) 1, 2 and 3 84
   Explanation

   Option a is the correct The basic structure doctrine was given in the landmark decision of Kesavananda Bharati v State of Kerala ( 1973 ). The basic structure doctrine states that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by The Parliament. The Supreme Court can undertake judicial review for such amendments. The Supreme Court declared that Article 368 did not enable Parliament to alter the basic structure or framework of the Constitution and Parliament could not use its amending powers under Article 368 alter the basic structure of the Constitution. Thus, statement 3 is correct. In the Golaknath case, the supreme court rnled that Parliament couldn't curtail any of the Fundamental rights. (this case is not related to basic structure of the constitution). Thus, statement 4 is incorrect

5. #45UPSC CDS 2016
   Which one of the following is not the powers of the Supreme Court?
   • AThe Supreme Court has or iginal and exclusive jurisdiction in inter- 85. governmental disputes
   • BThe Supreme Court has advisory jurisdiction on a question of law or fact which may be referred to it by the President of India
   • CThe Supreme Court has the power to review its own judgement or order
   • DThe Supreme Court has the exclusive power to issue writs to protect the fundamental rights of the people
   Answer: (D) The Supreme Court has the exclusive power to issue writs to protect the fundamental rights of the people
   Explanation

   Option dis the correct answer. The Supreme Court is the guarantor and defender of fundamental rights of the citizen In this regard, Supreme Court has original jurisdiction in the sense that an aggrieved citizen can directly go to the Supreme Court, not necessarily by way of the writ jurisdiction of Supreme Court is because High Court also empowered of jurisdiction (Hence option d is incorrect)

6. #46CGPSC 2021
   In the following questions, there are two statements. One is labelled as Assertion (A) and other is labelled as Reason Assertion (A): The District Judge is the highest judicial authority in the district. Reason The District Judge has both judicial and administrative powers. He has also supervisory powers over all the subordinate courts in the district. In the context of the above two statements which of the following is correct? (e) None or the above A Judge of the Supreme Court can be removed by the President of India after- Which of the following type of Judge/Judges can be appointed in the Supreme Court of India? (i) Ad hoc Judge (ii) Additional Judge Codes: Who has the right to transfer any case anywhere in India? To become a Judge of Supreme Court, a person must be an advocate in High Court for at least how many years? The case of Vishakha and others Vs. State of Rajasthan and others is related to- women prevalent in the society women at workplace 1 - !I
   • ABoth Assertion (A) and Reason (R) 89. are true, and Reason (R) is correct explanation of Assertion (A)
   • BBoth Assertion (A) and Reason (R) are true, but Reason (R) is not correct explanation of Assertion (A)
   • CAssertion (A) is true, but Reason (R) is false
   • DAssertion (A) is false, but Reason (R) is true Judicial review in the Indian Constitution is based on
   Answer: (A) Both Assertion (A) and Reason (R) 89. are true, and Reason (R) is correct explanation of Assertion (A)
   Explanation

   Option a is the correct is true- In the district, the district judge highest judicial authority, having both original jurisdiction over both civil and criminal VI (Articles 233 to 237) of the Indian with the District (R) is true- The district judge exercises and administrative powers, and they also authority over all subordinate courts within The High Court hears appeals against the judgments of the district judge

7. #47UPPCS 2020
   Which of the following gave legal basis to extraordinary powers exercised by the Government of India during Lockdown? 1. Mental Health Care Act, 2017 2. Disaster Management Act, 2005 3. Enemy Property Act, 1968 4. Epidemic Diseases Act, 1897Select the correct answer from the codes given below
   • A1, 2 and 3
   • B2, 3 and 4
   • C2 and 4
   • D1, 3 and 4
   Answer: (B) 2, 3 and 4
   Explanation

   Option b is the correct review is the power of the judiciary to constitutionality of executive orders and of both the State and Central power of judicial review is itself conferred by on the judiciary (both the Supreme Court as High Courts) in India. Important Tips Judicial review has two important functions, like, of legitimizing government action and the protection of constitution against any undue encroachment by the government. Judicial review is considered a basic structure of the constitution. Judicial review is also called the interpretational and observer roles of the Indian Solution: Option a is the correct the Supreme Court and High Courts can to protect fundamental rights under the Supreme Court under Article 32 and under Article 226 have this power. Important Tips Articles 226 vests the High Courts with the power to issue writs in case of both - legal and fundamental rights.

8. #48UPPCS 2017
   Consider the following statements and select your answer from the codes given below: 1. The Governor does not have the power to appoint a judge of a state High Court. 2. He is not a part of the Legislature. 3. He has the power to nominate some members of the Legislative Council. 4. He has no judicial powers Code
   • A1 and 2 are correct
   • B1 and 3 are correct
   • C2 and 4 are correct
   • DAll are correct
   Answer: (C) 2 and 4 are correct
   Explanation

   Option c is the correct to the Article 217 of the Indian Judge of a High Court is appointed by the President in consultation with the Chief Justice of India the Governor of the respective state. The District are appointed by the Governor in consultation High Courts

9. #49State PCS 2010
   Who amongst the following is considered to be the first law officer of the Govt. of India?
   • AChief Justice of India
   • BSolicitor-General
   • CAttorney-General
   • DAdvocate-General
   Answer: (D) Advocate-General
   Explanation

   Option d is the correct retirement, Judges of the Supreme Court in India from practicing before any court, including Court and High Courts, as per the Supreme (Salaries and Conditions of Service) Act, restriction aims to preserve judicial and prevent potential conflicts of retired judges do not influence legal maintain the integrity of the judiciary

10. #50UPPCS 2008
    A Member of Parliament or a State Legislature can be elected as President but
    • AHe will have to resign from his seat before contesting the election
    • BHe will have to relinquish his seat within 6 months of his election
    • CHe will have to relinquish his seat as soon as he is elected
    • DAn MP can contest but an MLA can not
    Answer: (C) He will have to relinquish his seat as soon as he is elected
    Explanation

    Option c is the correct appointment of District Judges is governed by Judges (Conditions of Service) Act, 1958. states that District Judges shall be appointed by of the State in consultation with the High the State. The Governor is free to consult any or authority before making an appointment, but with the High Court is

11. #51State PCS 2021
    Which of the following is required under Article 108 of the Constitution of India to summon a joint sitting of the two houses of Parliament?
    • AIntention of the President
    • BSatisfaction of the President
    • CInstruction of the President
    • DConsent of the President
    Answer: (A) Intention of the President
    Explanation

    Option a is the correct (i) is True: As per Article if there's of Judges available for a Supreme Court Chief Justice of India, with the President's prior consultation with the relevant High Court's Chief request a qualified High Court Judge to serve as an Judge for the required (ii) is False: As per Article if there's increase in a High Court's business or work, the President may appoint qualified persons Judges for up to two years. However, are not appointed in the Supreme Court; they in High Courts

12. #52State PCS 1999
    The President can dissolve Lok Sabha on
    • ARecommendation of of India
    • BLok Sabha's recommendation
    • CRecommendation of the Union Cabinet
    • DRajya Sabha's recommendation
    Answer: (B) Lok Sabha's recommendation
    Explanation

    Option b is the correct to Article of the Constitution of person can be appointed as a Judge of the Supreme he/she has been an advocate of a High Court or of two such Courts in succession for at least 10 years. Important Tips According to Article of the Constitution, a person can be appointed as a judge of the Supreme Court if he or she: A person must be a citizen of India. Must have served as a judge of a High Court for at least five years or two such courts in succession. Alternatively, must have been an advocate of a High Court for at least ten years or two or more such courts in succession. Must be a distinguished jurist in the opinion of the president

13. #53State PCS 1996
    The President of India does not have the right to
    • AGive pardon
    • BRemove a judge of Supreme Court
    • CDeclare emergency
    • DPass ordinances
    Answer: (B) Remove a judge of Supreme Court
    Explanation

    Option b is the correct 171 of the Indian Constitution provides for of the Legislative Council, also known Parishad, in the States of India. This article lays provisions related to the establishment, other related matters of the Legislative Council in such a council exists. The Legislative Council is house of the state legislature, and its members elected and partially nominated. Important Tips Article 170 of the Indian Constitution deals with the composition of the Legislative Assemblies of the States. Article 172 of the Indian Constitution pertains to the duration of the State Legislative Assemblies. It states that the Legislative Assembly of a State shall continue for five years from the date of its first meeting, unless dissolved earlier. Article 173 of the Indian Constitution deals with the qualifications for membership of the State Legislature. It sets certain criteria that a perso

14. #54UPSC CAPF 2020
    Which one of the following statements about the Attorney-General of India is NOT correct?
    • AThe person must be qualified to be appointed as a judge of the Supreme Court
    • BHe/she enjoys right of audience only in the Supreme Court and High Courts in India
    • CHe/she holds office during the pleasure of the President
    • DHe/she receives remuneration as determined by the President
    Answer: (B) He/she enjoys right of audience only in the Supreme Court and High Courts in India
    Explanation

    Option b is the correct Attorney-General of India is the highest law officer government and provides legal advice to the Attorney-General of India enjoys the right of not only the Supreme Court but also in any the territory of India, including High Courts courts. Important Tip Some other facts about Attorney-General of India: The position of Attorney General is created by Article 76 of the Indian Constitution. The Attorney General is appointed by the President of India and holds office during the pleasure of the President To be eligible for the position, the person must be qualified to be appointed as a judge of the Supreme Court. The remuneration of the Attorney General is determined by the President. The Attorney General can participate in the proceedings of Parliament but does not have the right to vote. The Attorney General can be removed from office by the President at any time

15. #55State PCS 2018
    The Comptroller and Auditor-General of India can be removed from his office in like manner as
    • ASpeaker of Lok Sabha
    • BAttorney General of India
    • CJudge of the Supreme Court
    • DChairman of Union Public Service Commission ummll
    Answer: (C) Judge of the Supreme Court
    Explanation

    Option c is the correct Sharma v/s Union of India is related to the Information Act, 2005, Namit Sharma, a law a Right to Information (RTI) application on the appointment of judges in the Court. The application was rejected by the Central 'I' Public Information Officer (CPIO) of the Supreme that the Supreme Court was not a "public the RTI Act. Namit Sharma then approached Information Commission (CIC), which ruled Supreme Court was indeed a "public authority" RTI Act. Lily Thomas vis Union of India is a Supreme Court judgment related to the disqualification of convicted lawmakers. Nandini Sundar vis State of Chhattisgarh is related to the appointment and arming of Special Police Officers (SPOs) by the State of Chhattisgarh which was declared unconstitutional by the Supreme Court

16. #56State PCS 2019
    Chairperson and Members of the State Human Rights Commission are appointed by
    • AGovernor
    • BPresident
    • CChief Justice of the High Court of the concerned State
    • Dof India
    Answer: (A) Governor
    Explanation

    Option a is the correct of the state appoints the chairperson and of the State Human Rights Commission. Important Tips State Human Rights Commission: Composition: The Commission is made up of three members: a chairperson and two members. Chairperson: The chairperson shall be a retired Chief Justice of a High Court or a High Court Members: Members should be a serving or retired High Court judge or a District Judge. With a minimum of seven year experience as a District Judge, as well as someone with knowledge or practical experience in human rights. Tenure: The chairperson and members are elected for a three-year term or until they reach the age of 70, whichever comes first. Removal: The governor appoints the chairperson and members of a State Human Rights Commission, however, they can only be removed by the President

17. #57State PCS 2018
    A Sitting Judge of the High Court or a Sitting District Judge can be appointed as a member of the State Human Rights Commission after consultation with?
    • Athe Governor
    • Bthe Chief Justice of the High Court of the concerned State
    • Cthe of the Supreme Court of India
    • Dthe President
    Answer: (B) the Chief Justice of the High Court of the concerned State
    Explanation

    Option b is the correct Sitting Judge of the High Court or a Sitting District be appointed as a member of the State Human after consultation with the Chief Justice High Court of the concerned State

18. #58State PCS 2018
    The State Human Commission submits its annual report to the
    • AGovernor
    • BState Government
    • Cof the High Court
    • Dof India
    Answer: (B) State Government
    Explanation

    Option b is the correct State Human Rights Commission (SHRC) submits or special reports to the state government. are laid before the state legislature, along with of action taken on the recommendations Commission and the reasons for nonacceptance of any recommendations

19. #59UPSC CSE Prelims 2020
    Consider the following statements: 1. Aadhaar metadata cannot be stored for more than three months. 2. State cannot enter into any contract with private corporations for sharing of Aadhaar data. ! !I 3. Aadhaar is mandatory for obtaining insurance products. 4. Aadhaar is mandatory for getting benefits funded out of the Consolidated Fund of India.Which of the statements given above is/are correct?
    • A1 and 4 only
    • B2 and 4 only
    • C3 only
    • D1, 2 and 3 only
    Answer: (B) 2 and 4 only
    Explanation

    Option b is the correct 1 is incorrect. A Constitution Bench of Court ruled that the Aadhaar metadata stored beyond six months. The Aadhar Act had of such data for five 2 is correct. Supreme Court has struck 57 that allowed sharing of data with But has allowed the unique number to be used schemes and 3 is incorrect. Aadhaar is not mandatory insurance products. Insurance regulator advised insurers not to mandatorily seek Aadhaar 60 from customers, existing or new, for Your Customer) purpose. The insurers can as one of the documents for KYC, only when is offered voluntarily by the 4 is correct. The amendment made to of the Aadhaar (Targeted delivery of financial and benefits and services) Act 2016, make for beneficiaries for receipt of a subsidy, service for which the expenditure is incurred from fund

20. #60Practice set
    With reference to the Regulating Act of 1773, consider the following 1. It made the governors of Bengal, Bombay and Madras presidencies independent of one another. 2. It provided for of High Courts at Cakutta, Bombay and 3. It recognized, firnt time, the political and functions of the company.How many given above are correct?
    • AOnly one
    • BOnly twn
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    Option a is the correct 1 i i incorrect. The Regulating A.ct of the governors of Bombay and Madras to the governor-general of Bengal. Earlier, presidencies were independent of one 2 is incorrect. The Act also provided for of a Supreme Court at Calcutta one chief justice and three other 3 is correct - The Regulating Act 1773 was step by British Parliament to regulate the affairs of The Act for the first tirne recognized the administrative functions of the company. Important Tips The High courts at Calcutta, Bombay and Madras were established by Indian High Courts Act 1861. These I-figh Courts came into existence in 1862

21. #61Practice set
    In the context of British rule in India, consider the following statements regarding the Amending Act of 1781: 1. It exempted the servants of the company from the jurisdiction of the Supreme Court for their official actions. 2. It excluded the revenue matters from the jurisdiction of the Supreme Court. 3. It required the courts to administer a uniform law for the people of all religions and communities.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (B) Only two
    Explanation

    Option b is the correct l rct- The m ding of 1781, as the Act of Settlement, to rectify the Jefei..is Regulating Act of The Act of 1781 exempted Governor-General, the Council and the servants of from the jurisdiction of the Supreme Court for done by Lhcrn in their official 2 is correct. The Act also excluded the and the matters arising in the collection of the jurisdiction of the Suprern,, 3 is incorrect. The Act provided that the was to have jurisdiction over all the Calcutta. It also required the court to administer law of the defendants i.e. Hindu law for Mohammedan law for Muslims

22. #62Practice set
    Which of the following with reference to the Constituent Assembly of newly independent India is wrrect?
    • AB R Ambedkar was the Chief Draftsman of Constitution in the Assembly
    • BNone of the members of the Assembly were Women
    • CThe Assembly adopted the Elephant as its symbol/ seal
    • DS Varadachari was the legal advisor to the Assembly
    Answer: (C) The Assembly adopted the Elephant as its symbol/ seal
    Explanation

    Option c is the correct a is incorrect: S N Mukherjee (not Dr the chief draftsman of the Constitution in Assembly. Dr B R Ambedkar was the the Drafting Committee of the b is incorrect: There were 15 female members Constituent c is correct: The Elephant was chosen as the represent the Constituent Assembly in its d is incorrect: Sir B N Rau was appointed as legal advisor to the Constituent Varadachari was the head of the Assembly's Ad on the Supreme Court. Also, he was not of the Assembly

23. #63Practice set
    Which the following features of constitution of India has been borrowed from Government of India Act,1935?
    • AFundamental rights, independence of judiciary, judicial review, impeachment of the president
    • BFederal Scheme, Office of governor, Judiciary, Public Service Commissions, Emergency provisions
    • CConcurrent List, freedom of trade, commerce and inter-course, and joint sitting of the two Houses of Parliament
    • DParliamentary government, Rule of Law, legislative procedure, single citizenship, cabinet system, prerogative writs
    Answer: (B) Federal Scheme, Office of governor, Judiciary, Public Service Commissions, Emergency provisions
    Explanation

    Option b is the correct a is incorrect, The provisions of Fundamental of judiciary, judicial review, the president, removal of Supreme Court and high and post of vice president etc. has been US b is correct, The provisions of Federal of governor, Judiciary, Public Service Commissions, Emergency provisions and administrative details from Government of India c is incorrect, The provisions of Concurrent of trade, commerce and inter-course, and of the two Houses of Parliament are borrowed d is incorrect, The provisions of Rule of Law, legislative procedure, cabinet system, prerogative writs, and bicameralism, has been borrowed constitution

24. #64Practice set
    Indian brand of socialism is called as 'Democratic Socialism'. Which one of the following options best describe 'democratic socialism' of India?
    • AIt involves nationalization of all means of production and distribution and abolition of private properties
    • BIt follows the ideals of market economy and pursues the path of globalization towards economic integration of domestic markets
    • CIt holds faith in a 'mixed economy' where both public and private sectors co-exist side by side
    • DIt tends to lean heavily towards public sector to create economic equality within the capitalist setup
    Answer: (C) It holds faith in a 'mixed economy' where both public and private sectors co-exist side by side
    Explanation

    Option c is the correct c is correct. Democratic socialism holds faith in economy' where both public and private sectors side by side. As the Supreme Court says, aims to end poverty, ignorance, disease of opportunity. Indian socialism is a blend and Gandhism, leaning heavily towards Important Tips Communistic socialism (also known as 'state socialism') which involves the nationalisation of all means of production and distribution and the abolition of private property. Capitalist Democracy follows the ideals of market economy and pursues the path of globalization towards economic integration of domestic markets. Socialist economies tend to lean heavily towards public sector to create economic equality within the capitalist setup

25. #65Practice set
    Consider the following statements: 1. The power of Judicial review of the Supreme Court in India is narrower than that of the Supreme Court in the United States. 2. The American constitution provides for procedure established by law against that of due process of law provided by the Indian constitution.Which of the above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (A) 1 only
    Explanation

    Option a is the correct l is correct. The power of Judicial review of Coul't in India analyses the procedural compared to procedural and substantive aspect the American Judiciary. But the American not explicitly mention the concept of judicial review of its 2 is incorrect. The American for 'due process of law' against that of by law' which is contained in the

26. #66Practice set
    Which of the following features of the Constitution of India are borrowed from the Constitution of the United States? 1. Fundamental rights. 2. Judicial review. 3. Ideal of justice in the Preamble. 4. Federation with a strong Centre.Select the correct answer using the code given below
    • A1 and 2 only
    • B3 and 4 only
    • C1, 2 and 3 only
    • D1, 2, 3 and 4
    Answer: (A) 1 and 2 only
    Explanation

    is the correct of the Constitution of that are borrowed Constitution of the United States - Fundamental of judiciary, judicial review, the president, removal of Supreme Court and high and post of vice-president. Imporlaut Tips tlie Constitution of Canada - Federation with a strong Centre, vesting of residuary powers in lhc Centre, appointment of state governors by the Centre, and advisory jurisdiction of the Supreme Court. Fealures borrowed from the of USSR Fundamental duties and the ideal of justice (social, economic and political) in the

27. #67Practice set
    Which of the following offices is/are included in the both second and third schedule of the Constitution? 1. The Judges of the High Courts 2. The Judges of the Supreme Court 3. The Comptroller and Auditor-General of India 4. The Prime Minister's OfficeSelect the correct answer using the code given below
    • A1 and 2 only
    • B1, 2 and 3 only
    • C2, 3 and 4 only
    • D1, 2, 3 and 4
    Answer: (B) 1, 2 and 3 only
    Explanation

    Option b is the correct are three offices common in both Second and These are The Judges of the Supreme Court The Judges of the liigh Courts The Comptroller and Auditor- General of office of Prime Minister dues not find mention second and third Schedule of the Constitution

28. #68Practice set
    What the primary objective of including the feature of Separation of Power in the Constitution of India?
    • ATo help the judiciary in providing complete justice to the weaker sections of society
    • BTo improve the division of Labor and Functional specialization of skills
    • CTo provide Checks and Balances to prevent the misuse of power
    • DTo promote fast decision making by limiting the encroachment of powers between the branches
    Answer: (C) To provide Checks and Balances to prevent the misuse of power
    Explanation

    Option c is the correct a is incorrect - Article 142 of the that apex court might pass some orders or is necessary for doing complete justice in any case b is incorrect - Although the Separation of for Division of Labor and Functional isn't the basic philosophy behind including the doctrine c is correct - Separation of Power provides and balances by each organ of the government other two. It prevents tyranny of the government. that justice done is free of any fear or d is incorrect - Separation of power rather conditions for Checking and balancing the decisions other organs. Although it prevents encroachment by other organs, this isn't the fundamental its Important Tips The of the Constitution that provide for separation of functions and powers between the three organs of Governrnent are: Article 50 directs the State to take steps to separate the judiciary from the executive. Articles 74

29. #69Practice set
    Why Indian judiciary has been described as an integrated judiciary system?
    • AHigh court enforces only state laws of concerned respective states
    • BThe laws of concurrent list are only enforced by the Supreme court
    • CSupreme Court has replaced the British Privy Council as the highest court of appeal
    • DThe decisions made by higher courti, are binding on the lower courts
    Answer: (D) The decisions made by higher courti, are binding on the lower courts
    Explanation

    Option dis the correct Indian Constitution has established an system with the Supreme Court at the top and courts below it. Under a high court (and below level), there is a hierarchy of subordinate courts, district courts and other lower courts. Integrated means that decisions made by higher courts on the lower courts. All the lower courts from Panchayat to the High Courts are integrated into Court of India. Important Tips Integrated Judicial system This single system of courts, adopted from the Government of India Act of 1935, enforces both Central laws as well as the state laws. In the USA, on the other hand, the federal laws are enforced by the federal judiciary and the state laws are enforced by the state judiciary

30. #70Practice set
    With refenence to Judiciary in India and United States of America, consider the following statements: 1. Unlike Indian Supreme Court, the Original Jurisdiction of American Supreme Court is confined to Centre state disputes only. 2. Unlike the Supreme Court of India, the American Supreme Court does not have advisory jurisdiction. 3. Unlike American Supreme Court, the appellate jurisdiction of Indian Supreme Court is confined to constitutional cases only. 4. Unlike Indian Supreme Court, American Supreme Court has a wide discretion to grant special leave to appeal in any matter.How many of the above given statements are not correct?
    • AOnly one
    • BOnly two
    • COnly three
    • DAll four
    Answer: (C) Only three
    Explanation

    Option c is the correct 1 is incorrect: The original jurisdiction of Supreme court covers only federal cases, but jurisdiction of the American Supreme court only federal cases but also cases related to the maritime activities, ambassadors, 2 is correct: Indian Judicial System has a Advisory Jurisdiction. Whereas no such provision in the American Judicial 3 is incorrect: Appellate jurisdiction of supreme court covers not just constitutional but and civil cases. Whereas appellate jurisdiction American Supreme court covers only 4 is incorrect: Indian Judicial System has discretion to grant Special Leave to Appeal. Judicial System has no plenary powers to an appeal

31. #71Practice set
    The Supreme court of India can certain laws/executive actions as unconstitutional under which of the following conditions? 1. If the law enacted by parliament violates a provision of the constitution. 2. Any laws that are against the federal provisions of the constitution. 3. Any legislative/executive actions that contravenes the Directive Principles of State Policy (DPSP).Select the correct answer using the code given below
    • A1 and 2 only
    • B2 and 3 only
    • C1 only
    • D1 and 3 only
    Answer: (A) 1 and 2 only
    Explanation

    Option a is the correct review is the power of the court to examine of any laws/ executive actions. It is note that the term Judicial review has nowhere been the l is correct: Judicial review is the power of court to examine constitutionality of any actions. On such examination, if the court finds action which violates any provisions of the court can declare it as 2 is correct: The Supreme court of India any actions/laws as unconstitutional if it basic structure of the constitution. As the of the constitution is one of the basic the constitution, any laws/actions contravening can be declared void by the Supreme 3 is incorrect: The Directive Principles of (DPSP) are non-justiciable in nature i.e.; it enforced by the judiciary. Thus, any actions/laws DPSP cannot be declared void by the

32. #72Practice set
    Consider the following statements regarding Constitutional secularism in the Indian context: 1. It is based on the principle of the strict separation of state and religion. 2. The Supreme court considers it to be the part of the basic structure of the Constitution.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (B) 2 only
    Explanation

    Option b is the correct 1 is incorrect. In India secularism does not of religion from state. India does not have state religion. It is positive Concept. It gives equal freedom to all religion. It is neither irreligious nor antireligious. Western secularism is conceived as separation and religion. 2 is correct. Supreme court in S.R Bommai that secularism constitutes the basic feature of

33. #73Practice set
    If, in any case, India needs to cede some parts of its territory to any country, then it can be done through
    • AThe executive action of Government of India
    • BThe Amendment of Constitution under Article
    • CThe Legislative action of the Parliament
    • DJudicial Action under the purview of Supreme Court
    Answer: (B) The Amendment of Constitution under Article
    Explanation

    Option b is the correct Berubari Union case (1960), Supreme Court held power of parliament to diminish the area of a state ( does not cover the cession of Indian territory to country. Hence, Indian territory can be ceded to state only by an amendment under the provisions 368. Consequently, the 9th Constitutional was enacted to transfer the said territory to Pakistan. Important Tips In 1969, Supreme Court ruled that resolving boundary disputes between India and another country does not necessitate a constitutional amendment. It can be done by executive action as it does not involve the cession of Indian territory to a foreign country

34. #74Practice set
    With reference to the 'Overseas Citizen of India Cardholders', consider the following statements: 1. They are not eligible for election as the President of India. 2. They can undertake any type of research activity within India without any permission. 3. A citizen of Bangladesh cannot be registered as an Overseas Citizen of India Cardholder.How many of the above given statements are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (B) Only two
    Explanation

    Option b is the correct l is correct: An overseas citizen of shall not be entitled to the following are conferred on a citizen of He shall not be entitled to the right to equality of opportunity in matters of public He shall not be eligible for election as He shall not be eligible for election as He shall not be eligible for appointment as a Judge of the Supreme e) He shall not be eligible for appointment as a Judge of the High Court. 2 is incorrect: They can undertake all research work for which special permission from the Indian Mission/Post/ FRRO 3 is correct: No person, who or either of or grandparents or great grandparents is or had citizen of Pakistan, Bangladesh or such other country Central Government may, specify, shall be eligible as an Overseas Citizen of India Cardholder

35. #75Practice set
    reference to relationship between and liberty, which one of the following statements is iticorrect? to the members of police forces can be abrogated by the President of India. Court only by the way of appeal against the judgement of the High courts. be suspended only when emergency is declared on the grounds of war or external aggression. law made for giving effect to them
    • AMore focus on equality may hamper liberty
    • BMore liberty in the society always leads to economic equality. Practkebook
    • CLiberty and equality are generally complementary to each other
    • DThe Constitution of India promotes harmonious relationship between liberty and equality
    Answer: (B) More liberty in the society always leads to economic equality. Practkebook
    Explanation

    Option b is the correct a is correct: According to libertarians, if the to provide equality, then it may result in the in individual liberty. More focus on to distribution of resources which may result in loss b is incorrect: More liberty does not in more economic equality as all people does not potential and opportunities. This may result in in society. Example - rising inequality in western societies. c is correct: Liberty and equality are not to each other. Sometimes liberty opens new social mobility which eventually helps in bringing in the society. Hence, an ideal society is such liberty and equality complement each d is correct: The Constitution of India relationship between liberty and India, the fundamental rights enjoy supremacy Directive Principles. But the Parliament can fundamental rights for implementing the so long as the amendment does not damage the basic structure of the

36. #76Practice set
    With reference to the system of checks and balances in the constitution, which of the following is
    • AIt enables the legislature to hold more power over the executive and the judiciary
    • BIt is antithetical. to the concept of division of powers in a political structure
    • CArticle 13 is an example of the system of checks and balances in India
    • DSingle party majorily in the parliament strengthens the system of checks and balances
    Answer: (C) Article 13 is an example of the system of checks and balances in India
    Explanation

    Option c is the correct a is incorrect. The system of checks and e of the three branches of government to power, of the others. This way, no one branch b is incorrect. The system of checks and antithetical to the system of separation of powers division of powers. Separation of powers refer to the segregation of powers between various organs of the the executive, legislature and the judiciary. The division of powers refer to the segregation of various levels of the government, viz., the states and local c is correct. Article 13 is an example of the checks and balances in India. It related to concept review where the judiciary can strike down by the parliament that are deemed ultra-vires to d is incorrect. Single party majority in weakens the system of checks and balances executive and legislature both are controlled by a or a single political Base: The concept of separation of powers by F

37. #77Practice set
    The idea of social justice requires that 1. Equal treatment be supplemented with principle of proportionality. 2. Due and equal consideration is given to all individuals. 3. Equality of treatment be transcended to recognize special needs.Select the correct answer using the code given below
    • A1 and 2 only
    • B2 only
    • C1 and 3 only
    • D1, 2 and 3 Practkebook
    Answer: (D) 1, 2 and 3 Practkebook
    Explanation

    Option d is the correct l is correct. In the theory of social justice, justice principle indicates rewarding proportion to the scale and quality of their effort. provides balance to the principle of 2 is correct. One of the principles of social the principle of treating equals equally. It is considered individuals share certain characteristics as they deserve equal rights and principle of treating equals equally not be discriminated against on grounds of race or gender. They shonld be judged on the basis work and actions. Hence,,i..nd equal be given to 3 is According to the ideal of even people them proportionately their efforts might not The principle of taking of the special people is required. It docs not neces,.adly contradict of equal treatment so much as extend it because of treating equals equally could imply that are not equal in certain important respects could differently

38. #78Practice set
    With reference to the Other Backward Classes (OBCs), consider the following statements: 1. Creamy layer is the section of people who are a majority in a state compared to other sections. 2. The Constitution of India defines the creamy layer among the OBCs. 3. The Supreme Court held that economic criterion cannot be the sole basis for deciding the creamy layer.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    Option a is the correct l is incorrect. Creamy layer is a category Backward Classes category. They do not get the the OBC reservation. Creamy layer is the section of the Other Backward Classes who are considered 2 is incorrect. The 'creamy layer' introduced in the Supreme Court's Indra in 1992. The court found it necessary to of backward classes who were already socially as well as economically and educationally". This was called creamy layer. The judgment directed governments to identify the 'creamy layer' and from the purview of reservation. The not define the term creamy 3 is correct. The Supreme court while Haryana government notification of August 17, that economic criterion cannot be the sole basis the creamy layer from among the OBCs

39. #79Practice set
    Consider the following statements with respect to the provisions of Reservation in the Constitution of India: 1. The Right to reservaliuu is a Fundamental Right. 2. The State can categorize backward classes as 'backward' and 'more backward' for the purpose of providing reservation. 3. The backwardness of a community can be determined based on their economic wellbeing.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    Option a is the correct l is incorrect. Supreme court has held that to reservation and the right to reservation in not a Fundamental 2 is correct. In the famous Manda! Indra Sawhney v. Union of India case, the of the Supreme Court recognized the different castes and the held that it would be the state to categorise backward classes as 'backward' backward' for the purpose of providing 3 is incorrect. In the Indra Sawhney vs 1992) case, the Supreme court held that the a community cannot be determined exclusively to economic criteria. Backwardness is the basis of 'social Educational and can be used as a tool to determine

40. #80Practice set
    Consider the following statements with regard to right to freedom of religion? 1. A religious denomination is a sub-group within a larger religious organization that follows common faith, practice and traditions. 2. Devotees of Lord Ayyappa can be considered as a 'religious' denomination of its own. 3. The doctrine of essentiality helps to recognize the practices that are essential to a religion.Select the correct answer using the code given
    • A1 and 2 only
    • B2 and 3 only
    • C1 and 3 only
    • D1, 2 and 3
    Answer: (C) 1 and 3 only
    Explanation

    Option c is the correct l is correct. A religious denomination is a subgroup within a larger religious organisation that follows faith, practice, has an identity and 26 talks about religious denomination and Supreme Court held that a religious denomination three It should be a collection of individuals who have a system of beliefs (doctrines) which they regard as conducive to their spiritual It should have a common organisation; It should be designated by a distinctive 2 is incorrect. The supreme court has held of Ayyappa do not constitute a separate The 5 judges bench observed that entry of women, when they are in the to the Sabarimala temple was not an essential part religion. Denying Hindu women entry into the their fundamental right to practice 3 is correct. In the legal framework, the essentiality is a doctrine that has evolved to protect practices that are essential or integral and

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