Constitution Of India – Judiciary Question Practice series Part 8 – Free PDF Download

 

Q1. Right to seek advisory opinion of the Supreme Court on any question of law belongs to :-

(a) President
(b) Governor
(c) Prime Minister
(d) President and Governor

Explanation:- A

  • The Constitution under Article 143 authorises the President to seek the opinion of the Supreme Court in the two categories of matters:
  • On any question of law or fact of public importance which has arisen or which is likely to arise. On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanador other similar instruments.

Q2. Which of the following is the first case in which the Supreme Court has exercised its advisory jurisdiction?

(a) In re Berubari
(b) In re Sea Custom Act
(c) In re Delhi Laws Act
(d) In re Kerala Education Bill

Explanation:- C

Q3. The Advisory opinion tendered by the Supreme Court :-

(a) Is binding on the President
(b) Is not binding on the President
(c) Is binding on the President only if it is unanimously made
(d) It not made public at all

Explanation:- B

Q4. Under which one of the following Articles of the Constitution the Supreme Court has powers to review its decisions ?

(a) Article 135
(b) Article 136
(c) Article 137
(d) Article 143

Explanation:- C

  • Constitutional Provision: Under Article 137 of the Constitution, the Supreme Court has the power to review any of its judgments or orders.
  • The Court has the power to review its rulings to correct a “patent error” and not “minor mistakes of inconsequential import”. A review is by no means an appeal in disguise.
    That means the Court is allowed not to take fresh stock of the case but to correct grave errors that have resulted in the miscarriage of justice.

Q5. The law declared by Supreme Court of India is binding on all courts within the territory of India, but the Supreme Court is not bound by its decision was decided by the Supreme Court itself in-

(a) Keshavanad Bharati v. State of Kerala
(b) Indira Nehru Gandhi v. Raj Narain
(c) Madhav Rao Schidia v. Union of India
(d) Bengal Immunity Co. Ltd. v. State of Bihar

Explanation:- D

Q6. In which case curative petition was innovated by the Supreme Court of India?

  • Maneka Gandhi v. Union of India, (1978)
  • Keshvananda Bharti v. State of Kerala (1973)
  • Roopa Ashok Hurra v. Ashok Hurra, (2002)
  • Ashok Kumar Thakur v. Union of India, (2008)

Explanation:- C

  • The concept of the curative petition was first evolved by the Supreme Court of India in Rupa Ashok Hurra vs. Ashok Hurra and another case (2002) on the question whether an aggrieved person is entitled to any relief against the final judgement/order of the Supreme Court, even after the dismissal of a review petition.
    It’s objectives are twofolds- avoid miscarriage of justice and to prevent abuse of process.

Q7. The power of judicial review means :-

(a) the power of the courts to define and interpret Constitution
(b) the powers of the courts to declare null and void any legislative or executive act, which is against the provisions of the Constitution
(c) the power of the judiciary to define and interpret laws
(d) the power of the courts to legislate when there is no statutory is not statutory provision

Explanation:- B

Q8. Name of the first Chief Justice of Supreme Court  of India was :-

(a) Justice H.L.J. Kania
(b) Justice Patanjhali Shastri
(c) Justice S.R. Das
(d) Justice A.N. Ray

Explanation:- A

Q9. There shall be a High Court for each State is provided under the Constitution of India

(a) Article 203
(b) Article 206
(c) Article 214
(d) None of the above

Explanation:- C

Q10. The Judges of the State High Court are appointed by:

(a) Governor of the State
(b) President of India
(c) Chief Justice of India
(d) Chief Justice of the State High Court

Explanation:- B

  • Article 217 of the Constitution: It states that the Judge of a High Court shall be appointed by the President in consultation with the Chief Justice of India (CJI), the Governor of the State.

Q11. Under Article 226 of the Constitution the High Courts have power to issue directions, orders or writs :-

(a)coextensive with the Supreme Court
(b) for the enforcement of the fundamental rights only
(c) for the enforcement of the fundamental rights and for any other purposes
(d) inferior to that of Supreme Court

Explanation:- C

Q12. The statement “What cannot be done directly cannot be done indirectly” relates to the doctrine of-

(a) Doctrine of pith and substance
(b) Doctrine implied power
(c) Doctrine of severability
(d) Doctrine of colourable legislation

Explanation:- D

Q13. Which one of the following doctrines is not related to Article 13 of the Constitution?

(a) Doctrine of Eclipse
(b) Doctrine of Colourable Legislation
(c) Doctrine of Waiver
(d) Doctrine of Severability

Explanation:- B

  • The Doctrine of Colourable Legislation comes into play when a Legislature does not possess the power to make law upon a particular subject but nonetheless indirectly makes one.

Q14. Criminal Procedure is a subject of :-

(a) State List
(b) Union List
(c) Concurrent List
(d)Either (a) or (b)

Explanation:- C

Q15. The Sarkaria Commission was set up to define :-

(a) The powers of the Union Government
(b) The Centre-State relations
(c) The powers of the State Government
(d) Allocation of taxes between Centre and States

Explanation:- B

Q16. Which schedule of the Constitution mentions the Union List, State List and Concurrent List :

(a) Seventh Schedule
(b)Article 246
(c) Eighth Schedule
(d)Article 245

Explanation:- A

Q17.”Panchayati Raj” was introduced in India in the year

(a) 1950
(b)1952
(c) 1959
(d) 1962

Explanation:- C

  • Panchayati Raj Institution (PRI) is a system of rural local self-government in India.

Q18. Which committee is related to Panchayati Raj Institution?

(a) Mudholkar Committee
(b) Balwant Rai Mehta Committee
(c) Malimath Committee
(d) Khullar Committee

Explanation:- B

  • In 1957, the National Development Council constituted a committee headed by Balwant Rai Mehta to look into the working of community development programme.
  • The committee suggested a three-tier PRIs, namely, Grama Panchayats (GPs) at the village level, Panchayat Samiti (PSs) at the block level, and Zilla Parishad (ZPs) at the district level.

Q19. Part IX of the Constitution dealing with Panchayats was inserted by-

(a) 72nd Amendment
(b)73rd Amendment
(c) 74th Amendment
(d) none of the above

Explanation:- B

Q20. The provision regarding emergency was adopted in the Indian Constitution from-

(a) Constitution of France
(b) Constitution of Japan
(c) U.K. constitution
(d) German Constitution

Explanation:- D

Q21. How many types of Emergency have been envisaged by the Indian Constitution?

(a) Two
(b) Three
(c) Four
(d) None of these

Explanation:- B

Q22. Article 352 of the Indian Constitution deals with

(a) Election Commission
(b) Finance Commission
(c) Proclamation of Emergency
(d) Union Public Service Commission

Explanation:- C

Q23. Which one of the following statements is correct? The President can issue a proclamation of emergency:-

(a)on the advice of the Prime Minister
(b) on the advice of the Council of Minister
(c) in his own discretion
(d) when the decision of the Union Cabinet for the issuance of such a proclamation has been communicated to him in writing

Explanation:- D

Q24. A proclamation of national emergency automatically suspends :-

(a) All fundamental rights
(b) Right to freedom
(c) Right to Constitutional remedies
(d) No Fundamental right

Explanation:- B

Q25. When can the Governor recommend for imposition of President’s rule in the State?

(a) On Centre’s recommendation
(b) On recommendation of Chief Minister
(c) On recommendation of Cabinet
(d) When the Governor is satisfied that the Government of the State cannot be carried on in accordance with the provisions of the Constitution.

Explanation:- D

Q26. Scope of Article 356 was examined in the case :-

(a) S.R. Bommai v. Union of India
(b) Sankari Prasad v. Union of India
(c) Minerva Mills Ltd. v. Union of India
(d) U.N.R Rao v. Indira Gandhi

Explanation:- A

Q27. Article 368 of the Constitution provides-

(a) procedure for amendment
(b) power and procedure for amendment
(c) power for amendment
(d) None of the above

Explanation:- B

 

 

 

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