Union & State Judiciary of INDIA MCQs set 1 MCQ Questions & Answers Detailed Explanation

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Questions : Which one of the following jurisdictions of the Indian judiciary covers Public Interest Litigation?

(a) Advisory Jurisdiction

(b) Epistolary Jurisdiction

(c) original Jurisdiction

(d) Appellate Jurisdiction

The correct answers to the above question in:

Answer: (d)

PIL (Public Interest Litigation) writ petition can be filed in Supreme Court under Article 32 only if a question concerning the enforcement of a fundamental right is involved.

Under Article 226, a writ petition can be filed in a High court whether or not a Fundamental Right is involved. Thus, it comes under appellate jurisdiction.

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Question : 1

What does the ‘Judicial Review’ function of the Supreme Court mean?

a) Examine the judicial amendments

b) Examine the constitutional validity of the constitution

c) Review its own judgment

d) Review the functioning of judiciary in the country

Answer: (b)

The ‘judicial review’ function of the Supreme Court means to examine the constitutional validity of laws.

Judicial review is the doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary.

Question : 2

The guardian of fundamental rights is

a) None of above

b) Parliament

c) Judiciary

d) Executive

Answer: (c)

Judiciary is the guardian of fundamental rights.

Question : 3

The Constitution places the High Courts under the control of the Union in certain matters in order to keep them outside the range of regional politics. The Union exercises its control in the matters of:

  1. transfer of Judges from one High Court to another.
  2. being able, to establish a common High Court for two or more States.
  3. determining disputes as to age of High Court Judges.

a) I, II and III

b) I only

c) II and III

d) I and II

Answer: (a)

Question : 4

The Chief Justice of a High Court is appointed by

a) The President

b) Governor of the State

c) Chief Minister of the State

d) Chief Justice of the Supreme Court

Answer: (a)

Judges in a High Court are appointed by the President of India in consultation with the Chief Justice of India and the governor of the state.

Question : 5

The minimum number of judges to sit on the Constitutional Bench or on Bench which gives its advisory opinion on the reference by the President must be:

a) One-third of the total strength of the court

b) Three

c) One half of the total strength of the Supreme Court

d) Seven

Answer: (c)

Court’s advisory jurisdiction may be sought by the President under Article 143 of the Constitution. This procedure is termed as “Presidential Reference” and is recognized as the ‘Advisory jurisdiction’ of the Court.

The minimum number of judges to sit on the Constitutional Bench or on Bench which gives its advisory opinion on the reference by the President must be one-half of the total strength of the Supreme Court.

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