Union & State Judiciary Of INDIA MCQs Set 8 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 : Sovereignty of Indian Parliament is restricted by:

(a) Leader of the opposition

(b) Powers of the Prime Minister of India

(c) Powers of the President of India

(d) Judicial Review

The correct answers to the above question in:

Answer: (d)

The sovereignty of the Indian parliament is restricted by judicial review. Parliamentary sovereignty (also called parliamentary supremacy or legislative supremacy) is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty, and is supreme over all other government institutions, including executive or judicial bodies.

The concept also holds that the legislative body may change or repeal any previous legislation, and so that it is not bound by written law (in some cases, even a constitution) or by precedent.

Parliamentary sovereignty may be contrasted with the doctrines of separation of powers, which limits the legislature’s scope often to general law-making, and judicial review, where laws passed by the legislature may be declared invalid in certain circumstances.

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Read more union and state judiciary of india Based Indian Polity Questions and Answers

Question : 1

Consider the following statements and select the correct answer:

  1. The original jurisdiction of the Supreme Court extends only to any dispute between the government of India and one or more States.
  2. The Supreme Court also has appellate jurisdiction over all courts and tribunals in India
  3. The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the president of India
Codes:

a) All the above

b) 2 and 3 only

c) 1 and 2 only

d) 1 and 3 only

Answer: (b)

The exclusive original jurisdiction of the Supreme Court extends to any dispute between the government of India and one or more states, if and insofar as the dispute involves any question on which the existence or extent of a legal right depends.

Question : 2

In Indian Constitution, the power to issue a writ of ‘Habeas corpus’ is vested only in-

a) Lower Courts

b) The Supreme Court and the High Court

c) The Supreme Court

d) The High Court

Answer: (b)

n Indian constitutions, the power to issue a writ of ‘Habeas Corpus’ is vested only in the Supreme Court and the High Court. A writ of habeas corpus is a writ (court order) that requires a person under arrest to be brought before a judge or into court.

The principle of habeas corpus ensures that a prisoner can be released from unlawful detention—that is, detention lacking sufficient cause or evidence. The remedy can be sought by the prisoner or by another person coming to the prisoner’s aid.

This right originated in the English legal system and is now available in many nations. It has historically been an important legal instrument safeguarding individual freedom against arbitrary state action.

Question : 3

Who was the first woman judge of the Supreme Court?

a) Sunanda Bhandare

b) Fatima Beevi

c) Indira Jaising

d) Leila Seth

Answer: (b)

Justice Fathima Beevi was the first female judge of the Supreme Court of India whose tenure lasted from October 6 1989 to April 29, 1992.

The second was Justice Sujata V Manohar, from November 8, 1994, to August 27, 1999.

The third was Justice Ruma Pal who became a Supreme Court judge in 2000 and continues to hold office.

Question : 4

Division of Powers and Independent Judiciary are the two important features of

a) Socialist form of Government

b) Democratic form of Government

c) Federal form of Government

d) Unitary form of Government

Answer: (b)

The principle of separation of powers is the foundation for a democratic state based on the rule of law. The judicial power dispenses justice in disputes between citizens and government and its agencies.

The presence of an independent judiciary in a democratic government distinguishes that system from a totalitarian one.

Question : 5

An appeal shall lie to the Supreme Court from any judgement of a High Court if the High Court :

a) In all the above cases

b) has on appeal reversed an order of acquittal of an accused person and sentenced him to death

c) certifies that the case is a fit one for appeal to the Supreme Court

d) has withdrawn for trial before itself any case from any subordinate court and has convicted the accused person and sentenced him to death

Answer: (a)

Question : 6

Which of the following articles makes the Supreme Court a Court of Record?

a) 130

b) 129

c) 127

d) 128

e) 131

Answer: (b)

According to Article 129 of the Constitution Supreme Court to be a court of record. The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.

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