Supreme Court and Judicial Review
1. The Supreme Court of India was inaugurated in the year?
a) 1948
b) 1949
c) 1950
d) 1951
Answer. c) 1950.
The Supreme Court of India was inaugurated on 28 January 1950.
Article 124 to 147 of Part V of the constitution of India deals with Supreme Court.
2. At present how many judges are in the Supreme Court?
a) 8
b) 25
c) 26
d) 31
Answer. d) 31 judges are in the Supreme Court including the Chief Justice of India.
The following are historical figures of Supreme Court judges:
1950: 8 Judges
1956: 10 Judges
1960: 13 judges
1977: 17 judges
1986: 25 judges
2009 to 2021(present): 31 Judges
3. Which of the following is not the requisite qualification of Supreme Court judges?
a) He should be a citizen of India.
b) He should have been a high court judge for five years or should have been a high court advocate for ten years.
c) He should be a distinguished jurist in the opinion of the president.
d) He should be a minimum of 35 years old.
Answer. d) He should be a minimum of 35 years old.
The Constitution has not prescribed the minimum age for the appointment of judges.
Tenure of Supreme Court judges: 65 years of age.
4. In the removal of judges process, the speaker or chairmen of Lok Sabha/ Rajya Sabha constitute a three-member committee to investigate the charges of misbehavior or incapacity of judges, which of the following is not a member of the committee?
a) Chief Justice or Judges of the Supreme Court
b) Chief Justice of the High Court
c) Distinguished Jurist
d) Leader of the opposition of the Lok Sabha
Answer. d) Leader of the opposition of the Lok Sabha.
5. Which of the following disputes do not come under the Original Jurisdiction of the Supreme Court?
a) Inter-State Water dispute
b) Dispute between Centre and one or more states
c) Dispute between the center and one or more states on one side and other states on another side.
d) Dispute between two or more states.
Answer. a) Interstate water dispute.
The following dispute does not come under the Original Jurisdiction of the Supreme Court:
Disputes arising from any treaty.
Interstate water dispute.
The matter is related to the finance committee.
Commercial dispute between centers, states, or states.
6. The doctrine of Judicial review originated from which country?
a) the UK
b) France
c) the USA
d) Russia
Answer. c) the USA
First time in 1803, judicial review was propounded by John Marshall, USA.
7. The concept of Judicial Activism originated from which country?
a) the UK
b) France
c) the USA
d) Russia
Answer. c) the USA
Judicial Activism term was first coined by American Historian, Arthur Schlesinger Jr in 1947.
Judicial Activism means the proactive role played by the judiciary in the protection of citizen rights and the promotion of Justice.
8. The concept of Public Interest Litigation (PIL) originated from which country?
a) the UK
b) France
c) the USA
d) Russia
Answer. c) the USA
PIL was developed in the USA during the 1960s.
Under PIL, any social group or the public can move the court for another person or particular social group.
9. Which of the following are included in the original jurisdiction of the Supreme Court? (UPSC 2012)
1. A dispute between the Government of India and one or more States.
2. A dispute regarding elections to either the House of the Parliament or that of the 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
Answer. c) 1 and 4
The following are three original jurisdictions of the Supreme Court:
Dispute between the Centre and one or more states
Dispute between the center and one or more states on one side and other states on another side.
Disputes between two or more states.
10. What is the provision to safeguard the autonomy of the Supreme Court of India? (UPSC 2012)
1. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.
2. The Supreme Court Judges can be removed by the Chief Justice of India only.
3. The salaries of the Judges are charged to the Consolidated Fund of India to which the legislature does not have to vote.
4. All appointments of officers and staff of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India.
Which of the statements given above is/are correct?
(a) 1 and 3 only
(b) 3 and 4 only
(c) 4 only
(d) 1, 2, 3 and 4
Answer. a) 1 and 3.
Statement 2 is incorrect, as a Supreme Court judge can be removed by the president after a parliament resolution.
11. The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its (UPSC 2014)
a) advisory jurisdiction
b) appellate jurisdiction
c) original jurisdiction
d) writ jurisdiction
Answer. c) Original Jurisdiction.
12. The power to increase the number of judges in the Supreme Court of India is vested in (UPSC 2014)
a) The President of India
b) the Parliament
c) The Chief Justice of India
d) the Law Commission
Answer. b) the Parliament
13. Who/Which of the following is the custodian of the Constitution of India? (UPSC 2015)
a) The President of India
b) The Prime Minister of India
c) The Lok Sabha Secretariat
d) The Supreme Court of India
Answer. d) The Supreme Court of India is the custodian of the Constitution of India.
14. In India, Judicial Review implies (UPSC 2017)
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 Legislature.
c) the power of the Judiciary to review all the legislative enactments before they are assented to by the President.
d) the power of the Judiciary to review its own judgments given earlier in similar or different cases.
Answer. a) the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
the power of the Judiciary to question the wisdom of the laws enacted by the legislature is USA’s Judicial review.
15. With reference to the Constitution of India, prohibitions or limitations, or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following? (UPSC 2019)
a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.
b) The Supreme Court of India has not been constrained in exercising its powers by laws made by the Parliament.
c) In the event of a grave financial crisis in the country, the President of India can declare a Financial Emergency without counsel from the Cabinet.
d) State Legislatures cannot make laws on certain matters without the concurrence of the Union Legislature.
Answer. b) The Supreme Court of India has not been constrained in exercising its powers by laws made by the Parliament.
16. Consider the following statements: (UPSC 2019)
1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of the judiciary.
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
Answer. b) 2 only
The Supreme Court strikes down the NJAC( National Judicial Appointments Commission) Act as being violative of the independence of the judiciary.
17. Given below are two statements : (UPPSC 2017)
Assertion [A]: The scope of judicial review is limited in India.
The reason [R]: The Indian constitution has some borrowed items.
Select the right answer from the code given below :
a) Both [A] and [R] are correct and [R] is the right explanation of [A]
b) Both [A] and [R] are correct but [R] is not the correct explanation of [A]
c) [A] is correct, but [R] is wrong.
d) [A] is wrong, but [R] is correct.
Answer. b) Both [A] and [R] are correct but [R] is not the correct explanation of [A]; The scope of judicial review is limited in India because India follows the procedure established by law; not follow the due process of law;
18. A judge of the Supreme Court may resign his office by writing a letter to (UPPSC 2014)
a) the Chief Justice
b) the President
c) the Prime Minister
d) the Law Minister
Answer. b) the President
19. The Supreme Court of India enunciated the doctrine of the basic Structure of the Constitution in (UPPSC 2016)
a) the Golaknath Case in 1967
b) the Sajjan Singh Case in 1965
c) the Shankari Prasad Case in 1951
d) the Keshavanand Bharati case in 1973
Answer. d) the Keshavanand Bharati case in 1973
20. Given below are two statements, one is labeled as Assertion (A) and the other as Reason (R). (UPPSC 2019)
Assertion(A): The Supreme Court of India has exclusive jurisdiction regarding the constitutional validity of central laws.
Reason(R): The Supreme Court is the Guardian of the Indian Constitution.
Select the correct answer from the codes given below:
Codes:
a) Both A and R are true and R is the correct explanation of A.
b) Both A and R are true but R is not the correct explanation of A.
c) A is true but R is false.
d) A is false but R is true.
Answer. d) A is false but R is true.
21. The resignation letter by a Judge of the Supreme Court is addressed to ( UPPSC 2023)
a) The President
b) The Prime Minister
c) The Chief Justice of India
d) The seniormost Judge of the Supreme Court
Answer. a) The President
22. The Supreme Court of India enunciated the doctrine of "Basic Structure of the Constitution" in ( UPPSC 2020)
a) The Golaknath Case in 1967
b) The Keshavanand Bharti case in 1973
c) The Shankari Prasad case in 1951
d) The Sajjan Singh case in 1965
Answer. b;
The Supreme Court of India enunciated the doctrine of the "Basic Structure of the Constitution" in The Keshavanand Bharti case in 1973.
23. Given below are two statements, one is labeled as Assertion (A) and the other as Reason (R). ( UPPSC 2019)
Assertion(A): The Supreme Court of India has exclusive jurisdiction regarding the constitutional validity of central laws.
Reason(R): The Supreme Court is the Guardian of the Indian Constitution.
Select the correct answer from the codes given below:
Codes:
a) Both A and R are true and R is the correct explanation of A.
b) Both A and R are true but R is not the correct explanation of A.
c) A is true but R is false.
d) A is false but R is true.
Answer. d) A is false but R is true.
24. The Supreme Court of India enunciated the doctrine of the basic Structure of the Constitution in ( UPPSC 2016)
a) the Golaknath Case in 1967
b) the Sajjan Singh Case in 1965
c) the Shankari Prasad Case in 1951
d) the Keshavanand Bharati case in 1973
Answer. d.
Article: 368; Amendment power of parliament
Article: 13(2): Parliament should not make laws that violate fundamental rights.
Golaknath case in 1967: Parliament can amend everything.
Sajjan Singh Case in 1965: Doubt the power of Parliament to curtain the FRs.
the Shankari Prasad case in 1951: Parliament has the power to amend the constitution including Frs by article 368.
the Keshvanand Bharti Case in 1973: Overruled the Golaknath case, parliament can not amend the basic structure of the constitution.
25. Which one of the following cases propounded the concept of the 'Basic structure' of the Indian ( UPPSC 2014) Constitution?
a) Indra Sawhney Case
b) Shankari Prasad's Case
c) Rudal Shah's Case
d) None of the above
Answer. d. Keshwananda Bharti case
26. In the absence of the President of India, if the Voice-president is not available, who of the following can act as the President? ( UPPSC 2015)
a) Chief Justice of India
b) Prime Minister
c) Speaker of Lok Sabha
d) Attorney General of India
Answer. a;
The Chief Justice of India or the Senior Judge of India acts as President.
27. Which of the following cases outlined the basic structure doctrine of the Indian Constitution. ( UPPSC 2015)
a) Gopalan vs. Madras state
b) Golaknath vs. Punjab state
c) Keshava Nand Bharti vs. Kerala State
d) None of these.
Answer. c.
28. Given below are two statements : ( UPPSC 2017)
Assertion [A]: The scope of judicial review is limited in India.
The reason [R]: The Indian constitution has some borrowed items.
Select the right answer from the code given below :
a) Both [A] and [R] are correct and [R] is the right explanation of [A]
b) Both [A] and [R] are correct but [R] is not the correct explanation of [A]
c) [A] is correct, but [R] is wrong.
d) [A] is wrong, but [R] is correct.
Answer. b
29. The Supreme Court's judgment regarding homosexuality is related to which of the following? ( UPPSC 2018)
a) Section 377 of IPC
b) Article 377 of the Indian Constitution
c) Article 277 of the Indian Constitution
d) None of the above
Answer. a
30.
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