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Q1

Consider the following statements:

1. The Chief Justice of India can appoint an Ad Hoc Judge for the Supreme Court when there is a lack of Quorum, only after the consent of the President.

2. The Chief Justice of India can appoint a retired Judge of the Supreme Court to act as a judge of the court at any time, only after the consent of the President.

Which of the statements given above is/are correct?

Q2

Consider the following statements:

1. Judicial activism denotes the assertive role played by the judiciary to force the legislature and executive to discharge their constitutional duties.

2. The concept of judicial activism originated and developed in the United Kingdom.

Which of the statements given above is/are correct?

Q3

With reference to the impeachment process of a Supreme Court Judge, consider the following statements:

1. According to the Constitution, the impeachment of a Supreme Court Judge can only be on two grounds-incapacity and/or proved misbehavior.

2. Only a Minister can initiate the Motion of impeachment in the Parliament.

3. The President has to pass the order of impeachment in the same session in which the motion has been passed.

Which of the statements given above is/are correct?

Q4

Consider the following statements:

1. Article 32 defines the 'Judicial Review' and guarantees the right to move the Supreme Court for the enforcement of the Fundamental Rights.

2. The opinion expressed by the Supreme Court is binding on the President.

Which of the statements given above is/are correct?

Q5

Under which of the following ground(s) the constitutional validity of a legislative enactment can be challenged in the Supreme Court or in the High Courts?

1. It is repugnant to the constitutional provisions.

2. It is outside the competence of the authority which has framed it.

3. It infringes the Fundamental Rights.

Select the correct answer using the code given below:

Q6

For which of the following reason(s) the feature of Judicial review is needed?

1. To uphold the principle of the supremacy of the Constitution.

2. To secure the predominance of the judiciary over the legislature.

3. To protect the Fundamental Rights of the citizens.

Select the correct answer using the code given below:

Q7

Consider the following statements:

1. The Parliament cannot discuss the Conduct of the judges even during the impeachment motion is under consideration.

2. The expenses of the Supreme Court including the administrative expenses are charged on the Consolidated Fund of India.

3. The Parliament can curtail the jurisdiction and powers of Supreme Court only if Chief Justice of India has requested to do so.

Which of the statements given above is/are correct?

Q8

Which of the following is/are difference(s) between a Public Interest Litigation and ordinary traditional litigation?

1. PIL is intended to promote and vindicate public interest while traditional litigation is brought before the court to enforce the right of one individual against another.

2. PIL is associated only with constitutional rights but ordinary traditional litigation is associated with both constitutional and legal rights.

Select the correct answer using the code given below:

Q9

With reference to the Constitution of India, which of the following Article confers the power to President of India to seek the opinion of the Supreme Court When any question of law or fact of public importance has arisen.

Q10

With reference to the Constitution of India, the power to increase the number of judges in the Supreme Court is vested in

Q11

Consider the following statements :

  1. The mode of removal of a Judge of a High Court is similar to that the removal of a Judge of the Supreme Court.
  2. There is a provision in the Constitution of India contain the procedure relating to the removal of a judge.

Which of the above statement/s &/are correct?

Q12

Consider the following statements

  1. The retired judges of the Supreme Court can plead or act in any Court or before any authority within the territory of India.
  2. The retired permanent judge of high court can plead or act before the Supreme Court and the other high courts.

Which of the statements given above is/are correct?

Q13

Which of the following are included in the original jurisdiction of the Supreme Court?

  1. A dispute between the Government of India and one or more States
  2. A dispute regarding elections to either House of the Parliament or Legislature of a State
  3. A dispute between the Government of India and a Union Territory
  4. A dispute between two or more States

Select the correct answer using the codes given below

Q14

Consider the following statement about Public Interest Litigation(PIL)

  1. Justice V.R. Krishna Iyer and Justice P.N. Bhagwati were the pioneers of the concept of PIL.
  2. Under the PIL, only that person whose rights are infringed alone can move the court for the remedies.
  3. Petitions falling under the categories of Bonded labour matters, Neglected children, Family pension etc will ordinarily be entertained as PIL.

Which of the statements given above is/are correct?

Q15

In India, Judicial Review implies

Q1.

Consider the following statements:

1. The Chief Justice of India can appoint an Ad Hoc Judge for the Supreme Court when there is a lack of Quorum, only after the consent of the President.

2. The Chief Justice of India can appoint a retired Judge of the Supreme Court to act as a judge of the court at any time, only after the consent of the President.

Which of the statements given above is/are correct?

a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Solution : c)
Unattempted. Explanation :-

Statement 1 is correct. When there is a lack of quorum of permanent judges to hold or continue any session of the Supreme Court, the CJI can appoint a Judge of the High Court as an ad Hoc Judge for a temporary period. But he can do so only after consultation with the Chief Justice of the high court and with consent of the President. The Judge should otherwise be qualified for the appointment of SC judge.

Statement 2 is correct. The Chief Justice of India, at any time could appoint a retired judge of the Supreme Court or of a High Court to act as a judge of Supreme Court for a temporary period. This can be done only after consent of the President.

Source) Indian Polity by M. Laxmikanth; Chapter 26

Q2.

Consider the following statements:

1. Judicial activism denotes the assertive role played by the judiciary to force the legislature and executive to discharge their constitutional duties.

2. The concept of judicial activism originated and developed in the United Kingdom.

Which of the statements given above is/are correct?

a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Solution : a)
Unattempted. Explanation :-

Statement 1 is correct. Judicial activism denotes the proactive role played by the judiciary in the protection of the rights of citizens and in the promotion of justice in the society. In other words, it implies the assertive role played by the judiciary to force the other two organs of the government (legislature and executive) to discharge their constitutional duties.

Statement 2 is incorrect. The concept of judicial activism originated and developed in the USA. This term was first coined in 1947 by Arthur Schlesinger Jr. He was an American historian and educator.

Source) Indian Polity by M. Laxmikanth; Chapter 28

Q3.

With reference to the impeachment process of a Supreme Court Judge, consider the following statements:

1. According to the Constitution, the impeachment of a Supreme Court Judge can only be on two grounds-incapacity and/or proved misbehavior.

2. Only a Minister can initiate the Motion of impeachment in the Parliament.

3. The President has to pass the order of impeachment in the same session in which the motion has been passed.

Which of the statements given above is/are correct?

a) 3 only
b) 1 and 3 only
c) 1 and 2 only
d) 2 and 3 only
Solution : b)
Unattempted. Explanation :-

Statement 1 is correct. According to Article 124, The Constitution lays down a rigorous procedure for removal of a judge of the Supreme Court or high court and can be initiated only on grounds of proved misbehaviour or incapacity.

Article 124(4) says, "A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting

Statement 2 is incorrect. For initiating the impeachment process, a motion has to be moved by either 100 Lok Sabha members or 50 Rajya Sabha MPs. If the motion is admitted, the Speaker of the Lok Sabha or Chairman of the Rajya Sabha will constitute an inquiry committee.

If the inquiry committee finds that the judge is not guilty, then there is no further action. If it finds him guilty, then the House of Parliament which initiated the motion may consider continuing with the motion.

Statement 3 is correct. Article 124(4) states the Motion passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting is presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity, then only the Judge stands impeached.

 

Q4.

Consider the following statements:

1. Article 32 defines the 'Judicial Review' and guarantees the right to move the Supreme Court for the enforcement of the Fundamental Rights.

2. The opinion expressed by the Supreme Court is binding on the President.

Which of the statements given above is/are correct?

a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Solution : d)
Unattempted. Explanation :-

The phrase 'Judicial Review' has nowhere been used in the Constitution. However, the provisions of several Articles explicitly confer the power of judicial review on the Supreme Court and the High Courts. Hence, statement 1 is incorrect.

Statement 2 is incorrect. The Constitution (Article 143) authorises the President to seek the opinion of the Supreme Court. The opinion expressed by the Supreme Court is only advisory and not a judicial pronouncement. Hence, it is not binding on the President; he may follow or may not follow the opinion.

Source) Indian Polity by M. Laxmikanth; Chapter 26

Q5.

Under which of the following ground(s) the constitutional validity of a legislative enactment can be challenged in the Supreme Court or in the High Courts?

1. It is repugnant to the constitutional provisions.

2. It is outside the competence of the authority which has framed it.

3. It infringes the Fundamental Rights.

Select the correct answer using the code given below:

a) 3 only
b) 2 and 3 only
c) 1 and 3 only
d) 1, 2 and 3
Solution : d)
Unattempted. Explanation :-

The constitutional validity of a legislative enactment or an executive order can be challenged in the Supreme Court or in the High Courts on the following three grounds.

(a) it infringes the Fundamental Rights (Part III),

(b) it is outside the competence of the authority which has framed it, and

(c) it is repugnant to the constitutional provisions.

Source) Indian Polity by M. Laxmikanth; Chapter 29

Q6.

For which of the following reason(s) the feature of Judicial review is needed?

1. To uphold the principle of the supremacy of the Constitution.

2. To secure the predominance of the judiciary over the legislature.

3. To protect the Fundamental Rights of the citizens.

Select the correct answer using the code given below:

a) 3 only
b) 1 and 3 only
c) 1 and 2 only
d) 1, 2 and 3
Solution : b)
Unattempted. Explanation :-

Judicial review is needed for the following reasons:

  • To uphold the principle of the supremacy of the Constitution.
  • To maintain federal equilibrium (balance between the Centre and the states).
  • To protect the Fundamental Rights of the citizens.

The doctrine of separation of powers is the basis of the American presidential system. The legislative, executive and judicial powers of the government are separated and vested in the three independent organs of the government.

In the Constitution of India, a system of checks and balances has been embedded so much so that the courts are competent to strike down the unconstitutional amendments made by the legislature. The constitution-makers have also meticulously defined the functions of various organs of the state. Thus, the Constitution makes the three organs of state equally powerful at their area of work.

Source) Indian Polity by M. Laxmikanth; Chapter 27

Q7.

Consider the following statements:

1. The Parliament cannot discuss the Conduct of the judges even during the impeachment motion is under consideration.

2. The expenses of the Supreme Court including the administrative expenses are charged on the Consolidated Fund of India.

3. The Parliament can curtail the jurisdiction and powers of Supreme Court only if Chief Justice of India has requested to do so.

Which of the statements given above is/are correct?

a) 2 only
b) 1 and 3 only
c) 2 and 3 only
d) 1, 2 and 3
Solution : a)
Unattempted. Explanation :-

Statement 1 is incorrect. Except during the impeachment motion under consideration, the conduct of judges cannot be discussed in parliament. Otherwise, SC will be without checks and balances.

Statement 2 is correct. The expenses like salaries, allowances and pensions of judges and staff as well as all the administrative expenses of the Supreme Court are charged on the Consolidated fund of India. In case of high courts, the expenses excluding the pensions are charged on the Consolidated fund of States.

Statement 3 is incorrect. Parliament is not authorized to curtail the jurisdiction and powers of SC. However, parliament can extend the constitutionally guaranteed provisions with respect to SC' jurisdiction. 

Source) Indian Polity by M. Laxmikanth; Chapter 26

Q8.

Which of the following is/are difference(s) between a Public Interest Litigation and ordinary traditional litigation?

1. PIL is intended to promote and vindicate public interest while traditional litigation is brought before the court to enforce the right of one individual against another.

2. PIL is associated only with constitutional rights but ordinary traditional litigation is associated with both constitutional and legal rights.

Select the correct answer using the code given below:

a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Solution : a)
Unattempted. Explanation :-

Statement 1 is correct. PIL is a different kind of litigation from the ordinary traditional litigation which is essential of an adversary character where there is a dispute between two litigating parties, one making claims seeking relief against the other and that other opposing such claim or resisting such relief.

Statement 2 is incorrect. PIL demands that violations of constitutional and legal rights of large numbers of people who are poor, ignorant or in a socially or economically disadvantaged position should not go unnoticed and unredressed.

Source) Indian Polity by M. Laxmikanth; chapter 29

Q9.

With reference to the Constitution of India, which of the following Article confers the power to President of India to seek the opinion of the Supreme Court When any question of law or fact of public importance has arisen.

a) Article 138
b) Article 140
c) Article 142
d) Article 143
Solution : d)
Unattempted. Explanation :-

The Constitution of India under Article 143 authorizes the president to seek the opinion of the Supreme Court in the two categories of matters:

  1. On any question of law or fact of public importance which has arisen or which is likely to arise.
  2. On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, other similar instruments.
Q10.

With reference to the Constitution of India, the power to increase the number of judges in the Supreme Court is vested in

a) President
b) Chief Justice of India
c) Parliament
d) Prime Minister
Solution : c)
Unattempted. Explanation :-
  • The Parliament of India is authorized to increase or decrease the number of judges in the Supreme Court of India. At present, the Supreme Court consists of thirty-one judges (one chief justice and thirty other judges). Supreme Court (Number of Judges) Bill of 2019 has added four judges to strength. It increased the judicial strength from 31 to 34, including the CJI. Originally, the strength of the Supreme Court was fixed at eight (one chief justice and seven other judges).
Q11.

Consider the following statements :

  1. The mode of removal of a Judge of a High Court is similar to that the removal of a Judge of the Supreme Court.
  2. There is a provision in the Constitution of India contain the procedure relating to the removal of a judge.

Which of the above statement/s &/are correct?

a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Solution : a)
Unattempted. Explanation :-
  • Statement 1 is Correct: The procedure of removal of a judge of the High Court and Supreme Court is similar.
    • The procedure of removal of judges is as follows-
  1. Removal motion is signed by 100 members (for Lok Sabha) or 50 members (for Rajya Sabha). This is given to the Speaker/Chairman.
  2. The Speaker/Chairman may admit or refuse the motion.
  3. If admitted, a 3-member committee is formed by the Speaker/Chairman to investigate the charges.
  4. The committee should consist of -
  1. the Chief Justice or a judge of the Supreme Court;
  2. a Chief Justice of a High Court; and
  3. a distinguished jurist.
  1. The House can take up the consideration of the motion if the committee finds the judge to be guilty of misbehaviour or suffering from incapacity.
  2. On passing the motion by each House of Parliament by special majority, an address is presented to the president for removal of the judge.
  3. Lastly, the president passes an order removing the judge
  • Statement 2 is Incorrect: The Constitution of India does not contain any provision related to the procedure of removal of judges. However, Article 124(4) says, "A judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by the majority of the total members of the House and by a majority of not less than two-thirds of the members of the House present and voting has been presented to the president in the same session for such removal on the ground of proved misbehaviour or incapacity”. The procedure relating to the removal of a judge of the High Court by the process of impeachment is regulated by The Judges Enquiry Act (1968).
Q12.

Consider the following statements

  1. The retired judges of the Supreme Court can plead or act in any Court or before any authority within the territory of India.
  2. The retired permanent judge of high court can plead or act before the Supreme Court and the other high courts.

Which of the statements given above is/are correct?

a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Solution : b)
Unattempted. Explanation :-
  • Statement 1 is Incorrect: The retired judges of the Supreme Court are prohibited from pleading or acting in any Court or before any authority within the territory of India.
  • Statement 2 is Correct: The retired permanent judges of the high court are prohibited from pleading or acting in any court or before any authority in India except the Supreme Court and the other high courts.
Q13.

Which of the following are included in the original jurisdiction of the Supreme Court?

  1. A dispute between the Government of India and one or more States
  2. A dispute regarding elections to either House of the Parliament or Legislature of a State
  3. A dispute between the Government of India and a Union Territory
  4. A dispute between two or more States

Select the correct answer using the codes given below

a) 1 and 2
b) 2 and 3
c) 1 and 4
d) 3 and 4
Solution : c)
Unattempted. Explanation :-
  • Option C is Correct Answer: As a federal court, the Supreme Court decides disputes between different units of the Indian Federation. More elaborately, any dispute between

(a) the Centre and one or more states; or

(b) the Centre and any state or states on one side and one or more states on the other; or

(c) between two or more states.

In the above federal disputes, the Supreme Court has exclusive original jurisdiction. Exclusive means, no other court can decide such disputes and original means, the power to hear such disputes in the first instance, not by way of appeal.

Q14.

Consider the following statement about Public Interest Litigation(PIL)

  1. Justice V.R. Krishna Iyer and Justice P.N. Bhagwati were the pioneers of the concept of PIL.
  2. Under the PIL, only that person whose rights are infringed alone can move the court for the remedies.
  3. Petitions falling under the categories of Bonded labour matters, Neglected children, Family pension etc will ordinarily be entertained as PIL.

Which of the statements given above is/are correct?

a) 1 and 2 only
b) 1 and 3 only
c) 2 and 3 only
d) All of the above
Solution : b)
Unattempted. Explanation :-
  • Statement 1 is Correct: PIL was introduced in the early 1980s. Justice V.R. Krishna Iyer and Justice P.N. Bhagwati were the pioneers of the concept of PIL.
  • Statement 2 is Incorrect: Under the PIL, any public-spirited citizen or a social organisation can move the court for the enforcement of the rights of any person or group of persons who because of their poverty or ignorance or socially or economically disadvantaged position are themselves unable to approach the court for the remedies.
  • Statement 3 is Correct: The letters or petitions falling under the following categories alone will ordinarily be entertained as PIL:
  1. Bonded labour matters
  2. Neglected children
  3. Non-payment of minimum wages to workers and exploitation of casual workers and complaints of violation of Labour Laws (except in individual cases)
  4. Petitions from jails complaining of harassment, for premature release and seeking release after having completed 14 years in jail, death in jail, transfer, release on personal bond, speedy trial as a fundamental right
  5. Petitions against police for refusing to register a case, harassment by police and death in police custody
  6. Petitions against atrocities on women, in particular, harassment of bride, bride-burning, rape, murder, kidnapping, etc.
  7. Petitions complaining of harassment or torture of villagers by co-villagers or by police from persons belonging to Scheduled Caste and Scheduled Tribes and economically backward classes
  8. Petitions pertaining to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wildlife and other matters of public importance
  9. Petitions from riot-victims
  10.  Family pension
Q15.

In India, Judicial Review implies

a) The power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
b) The power of the Judiciary to question the wisdom of the laws enacted by the legislatures.
c) The power of the Judiciary to review all the legislative enactments before they are assented by the President.
d) The power of the Judiciary to review its own judgements given earlier in similar or different cases.
Solution : a)
Unattempted. Explanation :-
  • Option A is the Correct Answer: Judicial review in India is the power of the Judiciary to examine the constitutionality of Legislative enactments and Executive orders of both the Central and State governments. On examination, if they are found to be violative of the Constitution (ultra vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the judiciary. Consequently, they cannot be enforced by the Government.