Which of the following is not a function of the judiciary?
- Acting as the guardian of citizens's rights
- Settling the conflict between state and centre
- Catching criminals and punishing them
- Issuing writs
Answer
Catching criminals and punishing them
The Supreme Court of India does not have original jurisdiction in the settling of disputes
- between the government of India and State of the Union
- between two or more states
- between the Union of India and one state on one hand and other states on the other hand
- arising out of any treaty or agreement
Answer
arising out of any treaty or agreement
When can a President refer a matter to the Supreme Court for its opinion?
- When the cabinet is not functioning properly
- When emergency has to be promulgated
- When a matter is of public importance
- Whenever the President feels like it
Answer
When a matter is of public importance
Which of the following is not a feature of the Indian judiciary?
- It is free and independent
- It is the highest law-making body
- It is the final interpreter of the Constitution
- It is a single integrated system
Answer
It is the highest law-making body
When can the salaries of the Judges of the Supreme Court be reduced during their term of office?
- If the Parliament passes a bill to this effect
- When there is Financial Emergency
- If and when President wants it
- Never
Answer
When there is Financial Emergency
Who holds the power of Judicial Review?
- President
- Prime Minister
- High Courts and Supreme Court
- Parliament
Answer
High Courts and Supreme Court
The retirement age of a Judge of the Supreme Court is
- 60 years
- 62 years
- 65 years
- 70 years
Answer
65 years
What is meant by judicial review?
- Parliament's right to ask the judiciary to review judgement
- Judiciary's power to pronounce upon the constitutionality of laws passed by the Legislature and orders issued by the Executive
- The President's right to seek the opinion of the Supreme Court on the constitutionality of a law passed by the Parliament
- Judiciary's right to review judgements passed by lower courts and decision of the Executive.
Answer
Judiciary's power to pronounce upon the constitutionality of laws passed by the Legislature and orders issued by the Executive
Which of the following is not one of the provisions made in the Constitution to secure independence of the Supreme Court judges?
- The judges of the Supreme Court hold office not during President's pleasure but on 'good behaviour'
- They can be removed by the President only after a joint address by both Houses of Parliament passed by two third majority of members present and voting in each House.
- The allowances, leave and pension etc, of the judges cannot be changed to the disadvantage of the judge during his term of office
- A Judge of the Supreme Court can practise only after ten years of his retirement
Answer
A Judge of the Supreme Court can practise only after ten years of his retirement
The privileges of the judges of Supreme Court
- cannot be modified to their disadvantage during their tenure of office
- can be modified to their advantage or disadvantage during their term of office
- can be modified by the Parliament only by two-thirds majority
- can be modified only with the approval of the Chief Justice of India
Answer
cannot be modified to their disadvantage during their tenure of office
The Judges of the Supreme Court after their retirement are not permitted to practise
- before the High Court
- before the Supreme Court
- before any court in India
- for five years
Answer
before any court in India
A case regarding interpretation of the Constitution comes within ............... jurisdiction of the Supreme Court.
- appellate
- original
- advisory
- none of these
Answer
original
A case can come up for hearing before the Supreme Court against the judgement of lower courts
- if High Court certifies that the case involves a substantial question of law regarding interpretation of Constitution
- on the Supreme Court granting special leave
- if the Supreme Court has in an appeal reversed the order of acquittal of an accused person and sentenced him to death
- in all the above cases
Answer
in all the above cases
The Advisory opinion tendered by Supreme Court
- is binding on the President
- is not binding on the President
- is binding on the President only if it is unanimously made
- is not made public at all
Answer
is not binding on the President
Through its power of judicial review the Supreme Court ensures
- a democratic government in the country
- a constitutional government in the country
- judicial supremacy
- the Parliament's sovereignty is curbed
Answer
a constitutional government in the country
The salaries of the Judges of the Supreme Court are drawn from :
- Home ministry grants
- Consolidated Fund of India
- Contingency Fund of India
- Provisions made by Law Ministry
Answer
Consolidated Fund of India
Which of the following writs is a sort of command from a superior court to a subordinate court?
- Mandamus
- Quo Warranto
- Certiorari
- Habeas Corpus
Answer
Mandamus
Which of the following writs is a safeguard for personal freedom?
- Quo Warranto
- Mandamus
- Prohibition
- Habeas Corpus
Answer
Habeas Corpus
In the question given below, there are two statements marked as Assertion (A) and Reason (R). Read the statements and choose the correct option.
- Both Assertion (A) and Reason (R) are correct and Reason (R) is the correct explanation of Assertion (A).
- Both Assertion (A) and Reason (R) are correct but Reason (R) is not the correct explanation of Assertion (A).
- Assertion (A) is true, but Reason (R) is false.
- Assertion (A) is false, but Reason (R) is true.
Assertion (A) : All cases requiring interpretation of the Constitution can be directly filed in the Supreme Court.
Reason (R) : The Supreme Court has the power of judicial review and can declare any law ultra vires.
Answer
Both Assertion (A) and Reason (R) are correct but Reason (R) is not the correct explanation of Assertion (A).
Explanation — While both given statements are true, the Supreme Court's power of Judicial review does not explain why all cases requiring interpretation of the Constitution can be directly filed in the Supreme Court.
In the question given below, there are two statements marked as Assertion (A) and Reason (R). Read the statements and choose the correct option.
- Both Assertion (A) and Reason (R) are correct and Reason (R) is the correct explanation of Assertion (A).
- Both Assertion (A) and Reason (R) are correct but Reason (R) is not the correct explanation of Assertion (A).
- Assertion (A) is true, but Reason (R) is false.
- Assertion (A) is false, but Reason (R) is true.
Assertion (A) : We have an integrated judicial system.
Reason (R) : At the apex is the Supreme Court followed by High Courts and District Courts.
Answer
Both Assertion (A) and Reason (R) are correct and Reason (R) is the correct explanation of Assertion (A).
Explanation — We have a single integrated judicial system for the whole country. All the courts enforce and interpret the laws made by Parliament and respective State Legislatures. Each lower court is subordinate to its higher one with the Supreme Court at the top.
Identify the cases over which the Supreme Court has original jurisdiction.
P : There is a dispute between Bihar and Uttar Pradesh regarding boundary.
Q : There is a dispute between the Union of India and the Government of Kerala.
R : Mr. Akash was acquitted by the Session Court in a Murder case but awarded death sentence by the High Court.
S : A case certified by the High Court needing interpretation of the Constitution.
- P and Q
- Q and R
- R and S
- Q and S
Answer
P and Q
Read the two statements given below about the independence of the judiciary and select the option that shows the correct relationship between (A) and (B).
(A) The expenditure in respect of the salaries and allowances of the Judges shall be charged on the Consolidated Fund of India.
(B) The Judges of the Supreme Court and High Courts shall be appointed and removed by the President.
- (B) contradicts (A)
- (B) is the reason for (A)
- (A) is true but (B) is false
- (A) and (B) are independent of each other
Answer
(A) and (B) are independent of each other
Which Article of the Constitution has been regarded as the "corner stone" of the entire edifice set up by the Constitution?
- Article 35
- Article 53
- Article 32
- Article 23
Answer
Article 32
Which is the highest judicial court in India?
Answer
The Supreme Court is the highest judicial court in India.
How is the Chief Justice of India appointed?
Answer
The Chief Justice of India is appointed by the President after consulting the judges of the Supreme Court and the High Courts, as the President may deem necessary.
What are the necessary qualifications that a person should have to become a Judge of the Supreme Court?
Answer
To become a Judge or the Chief Justice of the Supreme Court, a person should possess the following qualifications :
- He must be a citizen of India.
- He must have worked as a Judge in any of the High Courts continuously for not less than five years.
OR
He must have been an advocate of a High Court or of two or more such courts for at least 10 years.
OR
He should be a distinguished jurist in the opinion of the President.
What is the term of office of a Judge of the Supreme Court?
Answer
The Chief Justice and other Judges of the Supreme Court are appointed to work till they attain 65 years of age.
How can a judge of the Supreme Court be removed from office?
Answer
A Judge of the Supreme Court can be removed from office 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 has been presented to the President in the same session for such a removal on the ground of proved misbehaviour or incapacity.
Which is the highest court of appeal in India?
Answer
The Supreme Court is the highest court of appeal in India.
Mention two types of cases in which the Supreme Court exercises original jurisdiction.
Answer
Two types of cases in which the Supreme Court exercises Original Jurisdiction are:
- Interpretation of the Constitution
- Centre-State Disputes
Mention any one power of the Supreme Court which is not enjoyed by other courts.
Answer
The Supreme Court has original jurisdiction over Centre-State disputes and disputes between two or more States. These disputes cannot be decided by any other court.
What is the advisory role of the Supreme Court of India?
Answer
According to the advisory jurisdiction of the Supreme Court of India, it is obliged to advise on constitutional as well as other legal matters when sought by any government department, legislature, the President, or the Council of Ministers. However, the advice rendered by the Supreme Court is not binding on the seeker and cannot be treated as a judgment of the Supreme Court.
What happens if either the Parliament or a State Legislature passes law that is against the Constitution?
Answer
If either the Parliament or a State Legislature passes a law that is against the Constitution, the Supreme Court can declare that law as unconstitutional.
What do you understand by the term Judicial Review?
Answer
The Supreme Court has been equipped with the power of judicial review to check the arbitrary power of the executive. It can review a Central or State law to establish its legality or otherwise. If the Parliament passes any law that is against the Constitution, the Supreme Court can declare that law as unconstitutional. However, it does not step in unless a person aggrieved by such laws calls the Court for redress.
What are the advisory functions of the Supreme Court?
Answer
An important function of the Supreme Court is to advise the Government departments, legislature, the President or the Council of Ministers on constitutional as well as other matters of law. They are, however, not binding.
Mention one way in which the Supreme Court has been made independent of the influence of the Executive.
Answer
Security of pay and allowances of the Supreme Court judges has been ensured to keep judiciary independent of the influence of the Executive.
Why should the Judiciary be separated from the Executive?
Answer
The Judiciary should be separated from the Executive to uphold the principle of separation of powers and ensure independence, impartiality, and fairness in the justice system.
With reference to the Supreme Court of India, explain the following :
(a) Discuss the composition of the Supreme Court.
(b) What are the qualifications of the judges of the Supreme Court?
Answer
(a) The Supreme Court of India consists of a Chief Justice and some other Judges, the number of which may be fixed by the Parliament from time to time. At present it consists of the Chief Justice and 33 other judges, i.e. total 34 judges.
(b) To become a Judge or the Chief Justice of the Supreme Court, a person should possess the following qualifications :
- He must be a citizen of India.
- He must have worked as a Judge in any of the High Courts continuously for not less than five years.
OR
He must have been an advocate of a High Court or of two or more such courts for at least 10 years.
OR
He should be a distinguished jurist in the opinion of the President.
The Supreme Court enjoys vast powers in the judicial field. In this connection discuss the following:
(a) In what way is the Supreme Court the guardian of Fundamental Rights?
(b) Original jurisdiction of the Supreme Court.
(c) Appellate powers of the Supreme Court.
Answer
(a) The Supreme Court of India is the guardian of the Fundamental Rights of the citizens of India. It protects the Fundamental Rights from being eroded, abridged or infringed upon by any person, group of persons or the State itself. It can issue various writs like Habeas Corpus, Prohibition, Certiorari, Mandamus and Quo Warranto to enforce its order.
(b) Original jurisdiction of a court implies those cases which could be directly brought before it. The Supreme Court of India has original jurisdiction over certain cases like:
- Interpretation of the Constitution
- Centre-State disputes
- Disputes between Two or More States
- Fundamental Rights
(c) The Supreme Court has the powers to grant special leave to appeal against the judgement delivered by any court in the country. The cases can be brought before the Supreme Court only through an appeal. The appellate jurisdiction extends to Constitutional, civil and criminal cases.
For a successful federal structure, the independence of the Judiciary is quite necessary. In this connection, describe the part played by the following :
(a) Security of Service of the Judges.
(b) Security of Pay and Allowances of the judges.
Answer
(a) To safeguard the judges of the Supreme Court, the Constitution provides that the judges cannot be removed from office by the President. Only in the event of a gross misbehaviour, acting against the provisions of the Constitution, corruption or misuse of office can a Judge be removed from service by means of impeachment by the Parliament.
(b) In order to make a Judge desist from accepting bribes or falling a prey to such other financial implications, he is paid very adequately and it is ensured that no decision of the executive shall reduce it.
The Constitution has ensured independence of judiciary -
- by providing that the expenditure in respect of the salaries and allowances of the judges shall be charged on the Consolidated Fund of India
- by specifying that the salaries and allowances payable to the judges, or their pension shall not be varied by Parliament to their disadvantage after their appointment, except under a proclamation of financial emergency.
How does the Supreme Court act as :
(a) Custodian of the Constitution?
(b) Guardian of the Fundamental Rights?
Answer
(a) The Supreme Court can review a Central or State law to establish its legality or otherwise. If the Parliament passes any law that is against the Constitution, the Supreme Court can declare that law as unconstitutional. It is the ultimate authority to interpret the Constitution.
(b) The Supreme Court of India acts as the guardian of the Fundamental Rights of the citizens of India. It protects the Fundamental Rights from being eroded, abridged or infringed upon by any person, group of persons or the State itself. It can issue various writs like Habeas Corpus, Prohibition, Certiorari, Mandamus and Quo Warranto to enforce its order.
Explain the following writs :
(a) Habeas Corpus
(b) Mandamus
(c) Prohibition
(d) Certiorari
(e) Quo Warranto.
Answer
(a) Habeas Corpus — It means 'to have a body'. By issuing such a writ, the court can get the body of any person released if it has been unlawfully captured by any person or a group of persons or by the State. This writ is a great safeguard for the personal freedom of a citizen.
(b) Mandamus — It literally means 'we command. This writ is thus a sort of command from a superior court to a subordinate court or an administrative authority in case they refuse to exercise their jurisdiction and fail to perform their duty.
(c) Prohibition — This writ is an order from a superior court — the Supreme Court or a High Court — to an inferior court to stop proceedings in a case which it, in the opinion of the higher court, might be contemplating to do in excess of its jurisdiction.
(d) Certiorari — This writ is issued by the superior court to the judicial or quasi-judicial authorities in order to quash its order or decision. The difference between Prohibition and Certiorari is that while the former is issued when certain proceedings are still going on, the latter is issued only when the order has already been passed.
(e) Quo Warranto — This type of writ is issued by a court to a public servant to enquire into the legality of his holding a public office and to oust him if his claim is not well-founded. Then this writ prevents an unlawful claimant from holding a superior public office.