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

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The following question based on Union & State Judiciary of INDIA topic of indian polity mcq

Questions : The Basic Structure of our Constitution was proclaimed by the Supreme Court in

(a) Keshvananda Bharati Case

(b) Minerva Mills Case

(c) Gopalan Case

(d) Golak Nath Case

The correct answers to the above question in:

Answer: (a)

The basic structure doctrine was first articulated by Justice Hans Raj Khanna in the landmark decision of Kesavananda Bharati v. State of Kerala (case citation: AIR 1973 SC 1461). Previously, the Supreme Court had held that the power of parliament to amend the constitution was unfettered.

However, in this landmark ruling, the court adjudicated that while parliament has “wide” powers, it did not have the power to destroy or emasculate the basic elements or fundamental features of the constitution

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Question : 1

Special leave petition power of the Supreme Court does not extend to the following judgements, decrees etc. 

  1. Interim order
  2. Any court or tribunal constituted by or under any law relating to the Armed forces
  3. Criminal cases.

a) 2 only

b) 3 only

c) 1 and 3 only

d) 2 and 3 only

Answer: (a)

Special leave petition power of the SC does not to the judgment of any court or tribunal constituted by or under any law relating to the Armed Forces

Question : 2

A common High Court for two or more States and/or Union Territory may be established by :

a) Chief Justice of India

b) President

c) Parliament by Law

d) Governor of the State

Answer: (c)

Question : 3

Who has the right to seek advisory opinion of the Supreme Court on any question of law?

a) All of the above

b) President

c) Any High Court

d) Prime Minister

Answer: (b)

Question : 4

A retired Judge of High Court cannot:

a) practice in any Court of India

b) practice in the Supreme Court

c) practice in any High Court of India

d) practice in the High Court from where he has retired

Answer: (d)

Question : 5

Consider the following statements.

  1. The Parliament cannot enlarge the Jurisdiction of the Supreme Court of India as its Jurisdiction is limited to that conferred by the Constitution.
  2. The officers and servants of the Supreme Court and High Courts are appointed by the concerned Chief Justice and the administrative expenses are charged on the Consolidated Fund of India.
Which of the statements given above is/are correct?

a) Neither 1 nor 2

b) Only 2

c) Both 1 and 2

d) Only 1

Answer: (a)

Question : 6

When there is no quorum of the judges of the Supreme Court available to hold or continue any session of the court, the Chief Justice of India may with the previous consent of the President and after consultation with the Chief Justice(s) of the High Court(s) concerned, request in writing the attendance at the sittings of the court for such period as may be necessary, of a judge of High Court duly qualified for appointment as a judge of the Supreme Court to be designated by the CJI. What is the name of such type of judge?

  1. Ad hoc judge
  2. Sessions judge
  3. Additional judge
  4. District judge
  5. Acting judge
Select the correct answer using the codes given below :

a) 1 only

b) 2 only

c) 2 and 4

d) 1, 4, 5 and 3

Answer: (a)

Article 127 says that if there is no quorum of the Supreme Court judges to hold or continue any session of the court, the CJI with the previous consent of the President and in consultation with the chief justice of the High Court concerned, can request in writing a judge of the High Court, who is qualified to be a judge of the Supreme Court, to function as ad hoc judge of the Supreme Court.

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