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Judiciary — UPSC Prelims Polity previous year questions — page 3

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. #81Practice set
   With reference to linguistic and religious which of the following statements is/are correct? 1. Both linguistic and religious minorities are determined at state level. 2. Article 29 provides for the rights of minorities as well as majority. 3. The term minority is not defined in the Constitution of India.Select the correct answer using the code given below
   • A1 and 2 only
   • B2 only
   • C2 and 3 only
   • D3 only
   Answer: (C) 2 and 3 only
   Explanation

   Option c is the correct Statement l is incorrect. Presently the linguistic identified on a state-wise basis thus determined state government whereas religious minorities by the Central 2 is correct. Under Article 29, any section citizens residing in any part of India having a script or culture of its own, shall have the right the same. Supreme court held that the scope of is not restricted to minorities alone. This is because use of the word 'section of citizens' in the article as well as 3 is correct. The term minority is not the Constitution of India. But National commission act, 1992 defines a minority as "a as such by the government." India has declared six religions namely, Sikhs, Buddhist and Parsis (Zoroastrian) and religious minorities in India

2. #82Practice set
   With reference to the meaning of State as defined under Article 12 of the Constitution, consider the following statements: 1. A private body working as an instrument of the State falls within the meaning of the 'State'. 2. Urban Improvement Trusts are included in the definition of state. 3. All Private Universities are included as elements of state under Article 12.How many statements given above are correct?
   • AOnly one
   • BOnly two
   • CAll three
   • DNone
   Answer: (B) Only two
   Explanation

   Option b is the correct 12 defines the term 'State' for the purpose of the fundamental Statement l is correct: The Supreme Court has held that 'state' is wide enough to include all authorities the Constitution or statute on whom powers are law. Thus, even a private body or an agency working instrument of the State falls within the meaning of under Article 12. It is not necessary that the should be engaged in performing governmental 2 is correct: All local authorities, that panchayats, district boards, etc. are included under the definition of state 12. According to List of VII Schedule includes a municipal corporation, trust, and other local authorities for the purpose self-government or village 3 is incorrect: In Article 12, the expression is used after mentioning the of India, the Government and Legislature of the State and all local authorities. The Madras High held that 'other author

3. #83Practice set
   Under the Constitution, which of the following is not available to an Indian citizen?
   • AFreedom to convert another person to one's own religion
   • BFreedom to propagate the views of others
   • CFreedom of picketing and demonstration
   • DNone of the above-mentioned rights are guaranteed to an Indian citizen
   Answer: (A) Freedom to convert another person to one's own religion
   Explanation

   Option a is the correct a is correct: Article 25 says that all persons entitled to freedom of conscience and the right profess, practice and propagate religion. The propagate does not include a right to convert to one's own religion. Forcible conversions the 'freedom of conscience' guaranteed to all b and c are incorrect: The Supreme Court held freedom of speech and expression includes the Right one's views as well as the views of others to demonstration or picketing but not right to strike. Important Tips Other rights that are implicit to right to freedom of speech are: Freedom of the press. heed om of commercial advertisements. Right agalml uf conversation. Right to telecast, that is, government has no monopoly on electronic Right against bandh called by a political party or organization. Right to know about government activities. Freedom of silence. Right against imposition of pre-cen

4. #84Practice set
   Consider the following statements regarding the 'procedure established by law' and the 'due process of law': 1. The term 'procedure established by law' has been explicitly mentioned in the Indian Constitution. 2. The term 'due process of law' refers to the laws made by the judiciary instead of legislature.Which of the statements given above is/are correct?
   • A1 only
   • B2 only
   • CBothl and 2
   • DNeither 1 nor 2
   Answer: (A) 1 only
   Explanation

   Option a is the correct procedure established by Law would only the legislature has followed the right procedure a law and whether executive has implemented the correct due process of law, the court would not only procedurnl but also whether a Jaw is and 1 is correct: The term 'procedure established has been explicitly mentioned in the India 21 states that no person shall be deprived of or personal liberty except according to the by 2 is incorrect: The term 'due process of not imply that laws are made/ are to be made _judiciary. It simply tests the on the grounds and fairness. It aims to protect the arbitrary actions of both the executive and

5. #85Practice set
   The Article 13 of the Indian constitution states that any law which contravenes fundamental rights can be declared void by the Judiciary. In this context, consider the following statements: 1. Laws enacted by both the Parliament and legislative assembly can be struck down by the High court, if it violates fundamental rights. 2. Both the Supreme court and High court can strike down Lhe constitutional amendment act that fundamental rights. J. No Social practice, fundamental rights, can be struck down hythe Supreme Court. 4. Executive actions by civil servants are beyond the scope of article 13 and cannot be struck down by the Supreme court.How many of the above given statements is/ are correct?
   • AOnly one
   • BOnly two
   • COnly three
   • DAll four
   Answer: (B) Only two
   Explanation

   Option b is the correct l is correct: It is true that laws enacted by Parliament and State legislative assembly can be by the High court if it violates fundamental 226 of the Indian constitution provides the and Article 32 provides the supreme court - the judicial 2 is correct: Article 13 uses wider definition as per article 13 constitutional amendment act a law. Thus, any constitutional amendment act the provisions of fundamental rights can down by the Supreme court and High 3 is incorrect: As per Article 13, a law custom or social practises having the force of law. Court can ban those social practices fundamental 4 is incorrect: Executive actions by civil violate fundamental rights can be struck down by Court. As per Article 13, a law includes such as order, bye law, rules and regulations

6. #86Practice set
   Which among the following is not a fundamental right under the Right to Freedom of Speech and Expression under the Indian Constitution?
   • ARight to propagate others' views
   • BRight to telecast
   • CRight to remain silent
   • DRight to Strike
   Answer: (D) Right to Strike
   Explanation

   Option d is the correct Supreme Court held that the freedom of speech includes the Right to propagate one's views as well as the views of Freedom of the Freedom of commercial d) Right against tapping of telephonic e) Right to telecast, that is, government has no monopoly on electronic Right against bandh called by a political party or Right to know about government Freedom of Right against imposition of pre-censorship on a Supreme Court has held that though there is Right or picketing but not right to strike

7. #87Practice set
   Consider the following statements regarding the Cultural and Educational Rights provided under Part HI of Lhe Constitution: 1. The rights guaranteed under Article 29 are extended to both minority as well as majority religious communities. 2. The right to conserve the language covers the right to agitate for the protection of the language. 3. The right to establish educational institutions has been extended to religious minorities but not to linguistic minorities.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 29 and 30 of Indian constitution provides for the cultural and educational rights available to the l is corirect: Article 29 grants protection to minorities as well as linguistic minorities. Supreme Court held that the scope of this article is restricted to minorities only. This is because use of the words 'section of citizens' in the Article minorities as well as 2 is correct: The Supreme Court held that to conserve the language includes the right to the protection of the 3 is incorrect: Article 30 grants certain rights whether religious or linguistic. Under all minorities shall have the right to establish and educational institutions of their choice. Important Tips Article 350 A: It says there shall be a Special Officer for minorities to be appointed by the President. "It shall be the duty of the Special Officer to investigate all matters relating to the safegua

8. #88Practice set
   Consider the following statements about the relationship between Rights and Duties in a society: 1. The Indian Constitution gives primacy to Rights over Duties. 2. In a democracy, rights and duties of the citizens are correlative and inseparable. 3. Mahatma Gandhi said that rights are more important than duties to protect individual freedom.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 is correct. The Indian Constitution to Rights over Duties. While the are protected by Judicial Review (Article 13) and defended by the Supreme Court (justiciable under Article the Constitution, the Fundamental Duties are Part IV-A (Article are 2 is correct. In a democracy, Rights and inextricably linked. Rights and duties of the citizens and inseparable. The citizen's exercise of and freedoms is inseparable from the their duties and obligations. Rights of citizens as a that individuals have a duty to make small personal liberty (e.g. "reasonable restrictions" limitations to rights in Part ) so that the peace of others is not curtailed - only then can a basic common level of 3 is incorrect. Mahatma Gandhi believed in and duties. However, as evident from his writings book Hind Swaraj, he believed Duties are slightly Gandhi stated that, 'perform your duties will no

9. #89Practice set
   Consider the following statements with reference to cooperative sodeties: 1. Cooperative Societies come under the Concurrent List of the Constitution of India. 2. The authority of the Union Government is restricted only to multi-state cooperatives.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 l is incorrect: The item ''Cooperative a Sfate in thf:' 7th Pntry of List in the Constitution of India. It confers power on legislatures to make laws pertaining to and the winding up cooperative 2 is correct: In a recent judgement the has clarified that the Centre's role is restricted multi-State cooperatives. It said that, the subject cooperative societies working within a state fell in list, and "belongs wholly and exclusively to the to legislate upon"

10. #90Practice set
    Match the certain parts of the basic structure of the constitution of India with the Supreme Court cases in which they have been declared as such for the first time. Cases Features that are part of the Basis Structure 1. Minerva Mills vs A. Federalism Union of India, 2. Indra Sawhney B. Judicial review vs Union of India, 1992 3. Kihoto Hollohan C. Rule of law vs Zachillhu and Ors,1992 4. S. R. Bommai vs D. Free and fair Union of India, electionsSelect the correct answer using the code given below
    • A1-C, 2-B, 3-A, 4-D
    • B1-B, 2-C, 3-D, 4-A
    • C1-B, 2-C, 3-A, 4-D
    • D1-C, 2-D, 3-B, 4-A k ! 1
    Answer: (B) 1-B, 2-C, 3-D, 4-A
    Explanation

    Option b is the correct 1-B is correctly Supreme Court in the Minerva judicial revievv is one of the {bnsic fco.tnrcs of 2-C is correctly Indira Sawhney vs. Union of Indir,, 199 'Ruh: of fow' to the basic court said that the criteria for a group to qualify is "social and educational 3-D is correctly Kihoto hollohan vs. Zachillhu, 1992, 'Free and was added to the basic principal question before the Supreme Court in the whether the powerful role given to the Speaker Tenth Schedule violated the doctrine of Basic this case the court upheld the sweeping discretion the Speaker in deciding cases of disqualification of 4-A is correctly S.R Bommai vs Union of India, 1994, federalism, integrity of India, secularism, socialism, social judicial review were reiterated as basic features of

11. #91Practice set
    With reference to the Kesavananda Bharati case (1973) judgement, which of the statements given below is incorrect?
    • AIt held that the Preamble is a part of the Constitution
    • BIt stated that Parliament is empowered to take away any of the Fundamental rights
    • CIt laid down the doctrine of the 'basic structure'
    • DIt held that the Constitutional Amendments enacted after ii 24, 1973 are open to judicial review
    Answer: (D) It held that the Constitutional Amendments enacted after ii 24, 1973 are open to judicial review
    Explanation

    Option d is the correct a is correct. The Supreme Court in the case (1973), held that the Preamble is a part of The Court stated that the opinion it in the Bernbari Union, 1960, case (that the not part of the Constitution) was wrong. It also the Preamble can be amended as any other part of b is correct. In the Kesavananda Bharati the Supreme Court overruled its judgement in Nath case, 1967, (that the Parliament cannot take away any of the Fundamental rights). It upheld of the 24th Amendment Act (1971) and stated is empowered to abridge or take away any of c is correct. The Supreme Court also laid down doctrine of the 'basic structure' (or 'basic the Constitution. It ruled that the constituent power under Article 368 does not enable it to alter structure' of the dis incorrect. It was in the Waman Rao case the Supreme Court clarified that the doctrine of would apply to constitutional amend

12. #92Practice set
    With reference to various cases related to bask structure doctrine, consider the statements: 1. The Keshvananda Bharti case upheld for the first time that the Parliament cannot take away any of the Fundamental Rights. 2. The Indira Gandhi vs. Raj Narain case held judicial review to be part of the Basic structure doctrine. 3. The Minerva Mills case upheld the balance between Fumlamcntal Rights and Directive Principles as part of the Basic structure doctrine.How many of the above given statements is/ are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (B) Only two
    Explanation

    Option bis the correct 1 is incorrect: In the Golak Nath cast: ( Court held that the Parliament cannot abridge away any of the Fundamental 2 is correct: In Indira Gandhi v. Rajnarain the Supreme Court added rule of Law, Free and and Judicial Review to the list of Basic Statement 3 is correct: In Minerva Mills Case, 1980, Court added limited power of government to Judicial Review and Harmony and balance between Fundamental Rights and to the list of Basic structure doctrine. Important Tips In Keshvananda Bharti case, Supreme Court identified the following features as part of the Basic structure: Supremacy of the Constitution, Republican and democratic form of government, Secular character of the Constitution, Separation of powers between the legislature, executive and the judiciary, Federal character of the Constitution, The mandate to build a welfare state, Unity and integrity of the nati

13. #93Practice set
    Which of the following provisions of the constitution can be amended by the Simple Majority? 1. Admission or establishment of new states 2. Number of puisne judges in the Supreme Court 3. Abolition or creation of legislative councils in states 4. Directive Principles of State PolicySelect the correct answer using the codes given below
    • A1, 2 and 3 only
    • B2, 3 and 4 only
    • C1, 3 and 4 only
    • D1, 2, 3 and 4
    Answer: (A) 1, 2 and 3 only
    Explanation

    Option a is the correct number of provisions in the Constitution can be a simple majority ot the two Houses of Parliament scope of Article the list in Important tips of question no

14. #94Practice set
    Which of the following statements are correct regarding the Constitution (First Amendment) Act, 1951? 1. Ninth Schedule was added through this act to protect the land reforms from the judicial review. 2. It empowered the State Governments to make special provisions for the advancement of socially and educationally backward classes. 3. It authorized the Government to nationalize any trade. 4. It provided for the establishment of a common High Court for two or more states.Select the correct answer using the codes given below
    • A1 and 2 only
    • B2 and 3 only
    • C1 and 4 only
    • D3 and 4 only
    Answer: (A) 1 and 2 only
    Explanation

    Option a is the correct 1 and 2 are correct: The Act of 1951 added the following provisions constitution of India: Empowered the state to make special provisions for the advancement of socially and economically backward classes. It provided for the saving of laws providing for acquisition of estates, etc. Added Ninth Schedule to protect the land reforms and other laws included in it, from the judicial 3 is incorrect: Fourth constitutional 1955 (and not first amendment act, 1951) Government to nationalize any 4 is incorrect: Seventh Amendment Act, 1956 first amendment act, 1951) provided for the a common High Court for two or more states. Important Tips Other provisions added by the Fourth constitutional Amendment Act, 1955 are following: It abolished the existing classification of states into four categories i.e., Part A, Part Part C and Part D states, and reorganized them into 14 states

15. #95Practice set
    On,vhkh of the following subjects, both the Parliament and State legislature can ordinarily make laws? 1. Drugs 2. Management of disasters 3. Public Health 4. Education 5. Labour welfareSelect the correct answer using the code given below
    • A1, 2 and 3 only
    • B2, 3 and 5 only
    • C1, 4 and 5 only
    • D1, 2, 3, 4 and 5
    Answer: (A) 1, 2 and 3 only
    Explanation

    Option a is the correct follows a single integrated judicial system with as the apex court and the high court operating Supreme 1 is incorrect: A person to be appointed as a either the Supreme Court or the High Court should citizen of India. Thus, it is also a mandatory condition of judges to High 2 is correct: A distinguished jurist in the the President can only be appointed as the judge of Court. There are three categories of persons qualified to be appointed as judges of the Supreme are: judges of the High Courts, advocates with at years of experience in the High Courts, and its 71 years of existence, the Supreme Court has not single 'distinguished jurist' appointed as one of its 3 is incorrect: Only salaries, pensions of the judges and the staff as well as all expenses of the Supreme Court are the Consolidated Fund of India. Thus, they are by the Parliament (though they can be it). T

16. #96Practice set
    The Constitution of India follows the Principle of Integrated Judiciary, which
    • AA single system of courts enforces both the central as well as state laws
    • BThe Supreme Court has power to punish for contempt of lower courts
    • CAll judges of courts in India are appointed by the President of India
    • DThe Supreme Court is the ultimate interpreter of the Constitution
    Answer: (A) A single system of courts enforces both the central as well as state laws
    Explanation

    Option a is the correct judges of the Supreme Court are appointed by The Chief Justice is appointed by the consultation with such judges of the Supreme high courts as he deems l is incorrect: The President (not appoint a judge of the Supreme Court as an Justice of India when the office of Chief Justice is vacant. This can also happen when Justice of India is temporarily absent; Justice of India is unable to perform the duties of 2 is incorrect: There is no such provision for of a retired Chief Justice of India as Justice of India by the President at any time. At the Chief Justice of India can request a retired the Supreme Court or a retired judge of a high court ( duly qualified for appointment as a judge of the to act as a judge of the Supreme Court for a He can do so only with the previous consent of and also of the pers Jn to be so 3 is correct: Additional Judges can be the President

17. #97Practice set
    Which of the following is the correct meaning of "Integrated Single Judicial System of India"? 1. A single system of courts that enforces both the Central laws as well as the State laws. 2. One can appeal to a higher court when not satisfied with the judgment passed by the lower court. 3. Decision of a Higher Court is binding on the lower courts in India.How many of the above statements are correct?
    • AOnly one
    • BOnly two
    • CAll Three
    • DNone
    Answer: (C) All Three
    Explanation

    Option c is the correct l is correct. The Indian Constitution an integrated single judicial system with Court at the top and the state high courts below single system of courts enforces both the Central well as the state laws. This is one of the unitary the Indian Constitution. In US, on the other hand, a double system of courts whereby the federal laws by the federal judiciary and the state laws by 2 and 3 are correct. In India, we have judicial system, this also means that the by higher courts are binding on the !o,ver way to understand this integration is through system that exists in India. This means that can appeal to a higher court if they believe that passed by the lower court is not just

18. #98Practice set
    Consider the following statements regarding Inter-State Water Disputes Act and River Boards Act of 1956: 1. The Inter-State Water Disputes Act empowers the Central government to set up an ad hoc tribunal for the adjudication of a dispute between two or more states. 2. The appellate jurisdiction against the order of the tribunal lies with Supreme Court of India only. 3. A river board can be established by the concerned state governments with the prior approval of Central government.How many of the above given statements are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone 13 7
    Answer: (A) Only one
    Explanation

    Option a is the correct answer 1 is correct: The Inter-State Waler empowers the Central government to set up an ad for the adjudication of a dispute between two states in relation to the waters of an inter-state river 2 is incorrect: The decision of the be final and binding on the parties to the the Supreme Court nor any other court is jurisdiction in respect of water dispute which may to such a tribunal under this 3 is incorrect: The River Boards Act,1956 the establishment of river boards for the regulation of inter-state river and river valleys. A is established by the Central government on of the state governments concerned to advise them

19. #99Practice set
    Which one of the following powers of the Supreme Court is also conferred on a High Court?
    • AAdvisory power
    • BPower of doing complete justice in any cause or matter pending before the court
    • CPower of court of record
    • DPower to allow/refuse Special Leave Petitions
    Answer: (C) Power of court of record
    Explanation

    Option c is the correct to the Constitution, the Supreme Court as well Courts act as 'Courts of judgements, proceedings and acts of the Supreme recorded for perpetual memory and testimony. are admitted to be of evidentiary value and questioned when produced before any court. They as legal precedents and legal judgements, proceedings and acts of the high similar authority. These records are admitted to be value and cannot be questioned when any subordinate court. However, they can in the Supreme a is incorrect: The 'Advisory power' is available the Supreme Court of India. The Constitution (Article

20. #100Practice set
    Consider the following statements: 1. The single system of Courts in India is adopted from Government of India Act of 1919. 2. The jurisdiction of the Supreme Court of India is greater than that of Federal Court in British India.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. The single system of courts from the Government of India Act of 1935. jlll sin of rourts s-nforces both Central laws as well stale 2 is correct. The Supreme Court succeeded Court under the British rule. The jurisdiction Supreme Court is greater than that of Federal British India. This is because, the Supreme Court the British Privy highest court While the Federal Court did not act as the final appeal, the Supreme Court acts as the final court of appeal

21. #101Practice set
    In the impeachment of a Judge of Supreme Court, if the motion of removal is a.admitted, then the Speaker/ Chairman is to constitute a three-member committee to investigate into the charges. The committee should consist of: 1. Chief Justice or a Judge of the Supreme Court 2. Chief Justice of a r.omt 3. A Distinguished Jurist.Select the correct answer using the code given below
    • A1 and 2 only
    • B2 and 3 only
    • C1 and 3 only
    • D1, 2 and 3
    Answer: (D) 1, 2 and 3
    Explanation

    Option d is the correct the provisions of the Judges Enquiry Act the motion of removal of a Judge of Supreme Court Court is admitted, then the Speaker/ Chairman is a three-member committee to investigate into The comrnillee should consist of: The Chief Justice or a Judge of the Supreme Court The Chief Justice of a High Court A Distinguished Jurist

22. #102Practice set
    Which of the following ground is/are valid for the removal of Judge of the Supreme Court? 1. Unsound mind. 2. Proved Misbehaviour. 3. Holding Office of Profit 4. Incapacity.Select the correct answer using the code given below
    • A1 and 2 only
    • B2 and 4 only
    • C2 and 3 only
    • D1, 2, 3 and 4
    Answer: (B) 2 and 4 only
    Explanation

    Option bis the correct of Judges- A judge of the Supreme Court can from his Office by an order of the president. can issue the removal order only after an Parliament has been presented to him in the same such removal. The grounds of removal are and incapacity

23. #103Practice set
    Consider the following statements: 1. The Constitution says that the senior most judge of the Supreme Court should alone be appointed as the chief justice of India. 2. The consultation with the Chief Justice of India is obligatory for the president to appoint the other judges of the Supreme Court.Which of the state 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 l is incorrect. The Constitution is silent on for appointment of Chief Justice of India. In Judges Case (1993), the Supreme Court ruled senior most judge of the Supreme Court should appointed to the office of the chief justice of 2 is correct. The other judges of the are appointed by the president after the chief justice and such other judges of the and the high courts as he deems necessary

24. #104Practice set
    With reference to appellate jurisdiction of Supreme court, which of the following statements is/are incorrect? 1. Certification of High court is not necessary to appeal in any civil case, but required in criminal cases. 2. Only those civil cases can be appealed before the Supreme Court which exceed a certain monetary limit. 3. Only those criminal cases can be appealed before the Supreme court that involve death sentence.Select the correct answer using the code given below
    • A1 and 2 only
    • B2 only
    • C1 and 3 only
    • D1, 2 and 3
    Answer: (D) 1, 2 and 3
    Explanation

    Option dis the correct l is incorrect. Certification of High court to appeal before the Supreme Court in civil civil cases, certification of High court is required cases which involves a substantial question of general importance, or when High court feels that needs to be decided by Supreme court. In when High court has on appeal reversed an order of an accused person and sentenced him to certification is required. In fact, when High court before itself any case from any subordinate court the accused person and sentenced him to certification is required. Certification is only required cases, when High court feels any case which is appeal to Supreme 2 is incorrect. The monetary limit of Rs apply in civil cases was removed by 30 th act of 1972. So, there is no monetary in applying civil cases in the Supreme 3 is incorrect. When High court sentenced to 10 years imprisonment upon taking a ca

25. #105Practice set
    In the context of appointment of Supreme Court judges, consider the following statements: 1. The Chief Justice of India appoints judges of Supreme Court in consultation with four senior most judges of Supreme Court. 2. According to the constitution, the appointment of acting Chief Justice is made by the President. 3. Till now, not a single person who has been a distinguished Jurist in the opinion of the President has been appointed as a judge of the Supreme Court.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (B) Only two
    Explanation

    Option bis the correct l is incorrect. The judges of the Supreme appointed by the president and not by the Chief Justice India. The chief justice of India and such other judges of SC by the President before appointment of Judges to Third Judges case (1998), the Court opined that process to be adopted by the Chief justice requires consultation of plurality judges. The of the chief justice of India does not consultation process. He should consult a four senior most judges of the Supreme Court and two judges give an adverse opinion, he should not recommendation to the government. The court the recommendation made by the chief justice of complying with the norms and requirements of process are not binding on the 2 is correct. Appointment of acting is made by the President under Article 126 of Vacancy in the office of the Chief be filled whatever the period of vacancy. In such the senior most

26. #106Practice set
    Which of the following statements is correct about the Supreme court's power to review under Article 137?
    • AIt can examine the constitutionality of executive orders of only the Central government
    • BIt can review its own judgments and orders
    • CIt can review all the judgments and orders passed by the High Court through appeal
    • DIt can review all international laws and treaties of which India is a signatory
    Answer: (B) It can review its own judgments and orders
    Explanation

    Option b is the correct a is incorrect. Judicial review is the power of Court to examine the constitutionality of and executive orders of both the Central governments. On examination, if they are found of the they can as illegal, unconstitutional and invalid (null by the Supreme Court. Consequently, they cannot by the b is correct. Article 137 of the Constitution grants the Supreme Court the power to review any or orrlers. This pnwer is however In by Lhe Court under Arlide 145, as the provisions of any law enacted by parliament. per the Supreme Court Rules, 2013, a review Petition filed within 30 days from the c is incorrect. The Supreme Court has also a appellate jurisdiction over all Courts and Tribunals in Under appellate jurisdiction the Supreme Court the cases delivered by High Court through d is incorrect. The Indian judiciary have to interpret the obligation of India in by adjudic

27. #107Practice set
    Consider the following statements regarding Supreme Court of India. 1. Seat of the Supreme Court can be set up anywhere in India. 2. No constitutional amendment is required for the purpose of setting up of cassation benches of Supreme Court in various regions of Tndia. 3. At least five judges need to hear cases that involve a substantial question of law as to the interpretation of the Constitution.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (C) All three
    Explanation

    Option c is the correct Supreme Court of India is the apex court in India. It is body as laid down by Part V of the Chapter the Constitution of l is correct: As per article 130, Seat of the is Delhi, but it can hold its meeting anywhere in Supreme Court shall sit in Delhi or in such other places, as the Chief Justice of India may, with the the President, from time to 2 is correct: Article 130 clearly interprets constitutional amendment may be required for of setting up cassation benches in four regions Constitution Bench at Delhi. Action by the chief justice with the president's approval may be enough for of 3 is correct: Article says at least five to hear cases that involve "a substantial question as to the interpretation" of the Constitution, or under Article 143, which deals with the power President of India to consult the Supreme benches can be larger. For example, nine on the bench

28. #108Practice set
    With reference to the Supreme Court of India, consider the following statements: 1. The present Supreme Court of India was constituted by the Government of India Act, 1935. 2. The original Constitution fixed the strength of the Supreme Court at 8 including Chief Justice of India. 3. The strength of the Supreme Court has been increased to 40 by the Supreme Court (Number of Judges) Amendment Act, 2019.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    Option a is the correct has a single system of courts, adopted from of India Act of 1935, which enforces laws as well as the state 1 is incorrect: The Federal Court of India the present Supreme Court of India) was the Government of India Act of 2 is correct: The original Constitution of a Supreme Court with a Chief Justice and 7 - leaving it to Parliament to increase this Parliament has increased this number of other to 10 in 1956, to 13 in 1960, to 17 in 1977, in 1986, to 30 in 2008 and to 33 in 3 is incorrect: At present, the Supreme of thirty-four judges ( one chief justice and thirty three other judges). This was done by the enactment of Court (Number of Judges) Amendment Act, 2019. Important Tips The Supreme Court of India was inaugurated on January 28, 1950, which succeeded the Federal Court of India. The jurisdiction of the Supreme Court is greater than that of Federal Court of In

29. #109Practice set
    Consider the following statements with respect to the appointment of Chief Justice of India: 1. The senior most judge of the Supreme Court should alone be appointed as Chief Justice of India as per a recent amendment of the Constitution. 2. No judge is appointed so far as the chief justice of India by superseding the then senior-most judge.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (D) Neither 1 nor 2
    Explanation

    Option d is the correct and 217 of the Constitution governs of judges to the Supreme Court and l is incorrect: From 1950 to 1973, the been to appoint the senior most judge of the as the Chief Justice of India. However, this was broken in 1973. In the Second Judges the Supreme Court ruled that the senior most the Supreme Court should alone be appointed to the the Chief Justice of India. No constitutional been made in this 2 is incorrect: A.N. Ray was the first judge to as the Chief Justice of India by superseding judges in 1973. In 1977, M.U. Beg was appointed Chief Justice of India by superseding the then senior most judge

30. #110Practice set
    In which of the following cases has the President made reference to the Supreme Court under Article 143 of the Constitution? 1. Berubari Union case 2. Validity of Speaker's decision with regard to disqualification under Tenth Schedule 3. Punjab Termination of Agreements Act in 2004 4. Consultation process to be adopted by the of India for the appointment of judges to the Supreme Court spectrum case verdictSelect the correct answer using the code given below
    • A2, 3 and 4 only
    • B1, 3, 4 and 5 only
    • C1, 2 and 5 only
    • D1, 2, 3, 4 and 5
    Answer: (B) 1, 3, 4 and 5 only
    Explanation

    Option b is the correct 143 of the Indian Constitution authorises to seek the opinion of the Supreme b is correct: The President can seek the opinion Supreme Court in the two categories of any question of law or fact of public importance arisen or which is likely to any dispute arising out of any pre-constitution covenant, engagement, sanad or other far (2019), the President has made fifteen references Supreme Court under its advisory jurisdiction as consultative jurisdiction). Some of these cases Laws Act in Union in Singh's case relating to the privileges of the Election in Water Disputes Tribunal in Janma Bhumi case in process to be adopted by the Chief Justice in validity of the Election Commission's deferring the Gujarat Assembly Elections in 2002 of Agreements Act in spectrum case verdict and the mandatory auctioning resources across all sectors in was no reference made by the Pres

31. #111Practice set
    With reference to different types of judges in Supreme court, consider the following statements: 1. Chief Justice of India can appoint a judge of a High Court as an ad hoc judge of the 30. Supreme Court. 2. Chief Justice of India can appoint retired judge of a High court to the Supreme court.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (C) Both 1 and 2
    Explanation

    Option c is the correct l is correct. The Chief Justice of India a judge of a High Court as an ad hoc judge of Court for a temporary period. He can do so consultation with the chief justice of the High and with the previous consent of the judge so appointed should be qualified for a judge of the Supreme 2 is correct. The chief justice of India a retired judge of the Supreme Court or a of a high court (who is duly qualified for a judge of the Supreme Court) to act as a judge of Court for a temporary period. He can do so the previous consent of the president and also of to be so appointed

32. #112Practice set
    Consider the following statements with respect to the Pre-Constitution agreements and treaty:l. It means such an agreement which was executed before the commencement of the Constitution, and which continues to be in operation after commencement. 2. The original jurisdiction of the Supreme Court does not extend to any dispute arising out of any pre-constitution treaty and agreement. 3. The President cannot seek the opinion of the Supreme Court on any pre constitution legal matters.How many of the above given statements are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone Practice NANCE
    Answer: (B) Only two
    Explanation

    Option b is the correct l is correct: Pre-Constitution agreement which have been entered into or executed before of the Constitution and which be in operation after such 2 is correct: As a foderal court, the has exclusive original jurisdktion with regards dispute: Between the Centre and one or more states; two or more states. However, this jurisdiction of Court does not extend a dispute arising out of treaty, agreement, covenant, or other similar 3 is incorrect: Article 143 authorises to seek the opinion of the Supreme Court in categories of On any question of law or fact of public importance which has arisen or which is likely to On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanad or other similar instruments

33. #113Practice set
    Which of the following is considered as the final interpreter of the Indian Constitution?
    • AParliament of India
    • BSupreme Court of India
    • CPresident of India
    • DCouncil of Ministers
    Answer: (B) Supreme Court of India
    Explanation

    Option b is the correct answer. The Supreme Court of India is the final interpreter of Constitution. The Supreme Court is the Court of India, and it exercises its in all civil, criminal, and constitutional guards and protects the fundamental rights of the ensures the constitutional validity of legislative, quasi legislative, executive, or quasi-judicial actions of the state; Interprets the laws made by the Important Tips I Constitution benches are set up in which circumstances? Interpretation of the Constitution: Article provides for the constitution of at least five judges of the court which sit to decide any case "involving a substantial question of law as to the interpretation" of the Constitution of India. President of India seeking SC's opinion: When the President has sought the Supreme Court's opinion on a question of fact or law under Article 143 of the Constitution. Conflicting J

34. #114Practice set
    With reference to the Advisory Jurisdiction of the Supreme Court, consider the following statements: 1. Whenever the President seek the advice of Supreme Court in any matter, the Court is obligated to give an opinion. 2. The opinion expressed by the Supreme Court under its Advisory Jurisdiction is always considered as a judicial pronouncement. 3. The President can ask for the Court's opinion on any question of law but not on a question of fact.How many of the above given statements are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (D) None
    Explanation

    Option d is the correct Jurisdiction of the Supreme Constitution (Article 143) authorizes the President the opinion of the Supreme Court in the two matters: On any question of law or fact of public importance which has arisen, or which is likely to arise. (Statement 3 is incorrect) On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanad or other similar the first case, the Supreme Court may tender or to tender its opinion to the President. But, in case, the Supreme Court 'must' tender its opinion President. (Hence, Statement l is 2 is incorrect: In both the cases, the by the Supreme Court is only advisory and not pronouncement

35. #115Practice set
    Which of the following are included in the original jurisdiction of the Supreme Court of India? 1. The dispute between the Union Government and the state governments. 2. The dispute regarding the distribution of water of the inter-state rivers. 3. The dispute regarding the enforcement of fundamental rights of citizens. 4. The disputes relating to the election of members of Parliament.Select the correct answer using the code given below
    • A1, 2 and 3 only
    • B3 and 4 only
    • C1 and 3 only
    • D1, 3 and 4 only
    Answer: (B) 3 and 4 only
    Explanation

    Option b is the correct answer is a system of government in which the power between a central authority and various of the l and 2 are correct: The Supreme Court has Indian Constitution is basically federal in form and by the traditional characteristics of a federal supremacy of the Constitution, division of the Union and the States and existence of 3 is incorrect: Integrated judiciary is a (not a Federal Feature) of the Indian of Judiciary is rather considered a of the Indian Constitution

36. #116Practice set
    With respect to the Indian Judiciary, consider the following statements: 1. Special Leave Petitions can be filed in Supreme Court only. 2. The Constitution of India itself provides for the Appeal by Special Leave. 3. Special Leave Petitions can be filed for both civil and criminal matters.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 Supreme court has held that speedy trial is an under Article 21 of the constitution and hence shall be deprived of his life and liberty without of law and the procedure of law must be and 21 comes under the category of the right to freedom

37. #117Practice set
    Consider the following statements regarding the doctrine of judicial review, as followed in India: 1. Judicial review of executive actions over the administrative matters is permitted. 2. The Supreme Court's power of judicial review can be curtailed by amending the constitution. 3. Judicial review of laws included nnder the IX Schedule of the Constitution is not permitted.How many of the above given statements are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    Option a is the cone ct review means power of the judiciary to examine of the legislative and the executive objective is to uphold the supremacy of the 1 is correct: Courts are empowered to executive actions on administrative matters if fundamental rights or any other legal rights. nndn Articlie 12, Supreme Court can issue of mandamus to direct a public official to perform 2 is incorrect: As per the Constitution of powers of Supreme Court can only be enhanced be uulailed. Also, judicial review been a basic feature of the Indian Constitution under like Minerva Mills case (1980), S.R. Bommai LR. Coelho case (2007). Hence, it cannot be 3 is incorrect: In I.R. Coelho case, the has held that there is no blanket immunity review of the laws included in the IX laws can be challenged in the Supreme Court if Fundamental Rights

38. #118Practice set
    Although Indian judiciary is majorly influenced by the judicial system of the United States of America (USA), there are some differences between them. In this context, consider the following statements: 1. While India has an integrated Judiciary, the USA has a dual system of courts one to enforce Union laws and other to enforce State laws. 2. The Scope of judicial review is broader in the USA as compared to India. 3. While the Indian Judicial System has a provision for Advisory Jurisdiction, it is absent in the with respect to United States of American Judicial system.How many of the above given statements are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (C) All three
    Explanation

    Option c is the correct l is correct: The Indian Constitution an integrated judicial system with the at the top, Indian judiciary enforces both Union laws. In contrast, the United States of America dual system of courts-one for the Centre and the other states. Thus, state laws and union laws are enforced judiciary in the 2 is correct: The scope of judicial review in the USA as compared to India because Procedure established by law whereas the due process of law. While Indian Judiciary the judgement of whether the laws/executive proper procedures, American Judiciary sits on of wisdom of law i.e., reasonableness of law better scope for judicial 3 is correct: It is true that the Indian has a provision for Advisory Jurisdiction, such provision is provided in the American Article 143 of the Indian Constitution President to seek the opinion of the Supreme Court

39. #119Practice set
    Consider the following statements about the collegium system in India: 1. Collegium has no power with respect to the transfer of High court judges. 2. The system does not recognize the reservation for underprivileged sections of society while appointing the judges. 3. The system is not part of the original constitution, but it has just evolved through the judgements of the Supreme court.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 incorrect: The collegium system decides the appointment and transfer of judges, thus plays role in reducing the interference of the executive. system makes recommendations for the be appointed as Supreme Court and High Court judges 2 is correct: It is true that the by the Collegium system does not recognize action or reservation policy. The lack of disadvantaged groups such as STs and Women are one of the major criticisms the Indian Judiciary. For instance, so far, there just one judge from the ST community and no so 3 is correct: Collegium system is not part of constitution, and this is one of the major against collegium. The Collegium system is a through a series of three cases (happened and 1998) popularly known as three judge cases. Important Tips The Supreme court collegium system is chaired by the Chief Justice of India along with four senior-most Supre

40. #120Practice set
    The Courts in India can adjudicate which of the following types of cases? 1. A dispute between two citizens of India 2. A dispute between India and any of its neighbouring countries. 3. An International commercial arbitration 4. A dispute between the Centre and any state.Select the correct answer using the code given below
    • A1, 2, 3 and 4
    • B1 4 unly
    • C1, 3 and 4 only
    • D1 and 3 only
    Answer: (C) 1, 3 and 4 only
    Explanation

    Option c is the correct Statement l is correct. The Supreme Court, High courts and tribunals are authorized to disputes between two 2 is incorrect. The disputes between India neighbouring countries are resolved by (not by Indian courts). Negotiations in conflict can be either bilateral or are conducted directly between Heads of State or special representatives of the The dispute between the rulings of courts of countries is dealt with by the International 3 is correct. Under the Arbitration Act, 1996, International can also be initiated in the Supreme 4 is correct. The Supreme Court of India Original Jurisdiction is empowered to resolve the the Centre and one or more states; or between and any state or states on one side and one or states on the other side

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