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Supreme Court and Judicial Review MCQ [ Source M Laxmikant] | Polity MCQ [ SET-19]

 Supreme Court and Judicial Review


1. 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.

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 misbehaviour or incapacity of judges, which of the following is not a member of the committee?

a) Chief justice or Judges of 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 dispute 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 centre and one or more states on one side and other states another side.

d) Dispute between two or more states.


Answer. a) Inter-state 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 centres, states, or states.


6. 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. 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 promotion of Justice.


8. 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 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 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 Centre and one or more states

Dispute between centre and one or more states in one side and other states 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 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 judgements 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, prohibition 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 the exercise of 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 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 the exercise of 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 NJAC( National Judicial Appointments Commission) Act as being violative of the independence of the judiciary. 


17. 


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15 October 2022 at 17:42 ×

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