Union & State Judiciary Of INDIA MCQs Set 13 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 : Who is the custodian of Indian Constitution?

(a) Supreme Court

(b) Council Court

(c) President

(d) Parliament

The correct answers to the above question in:

Answer: (a)

The Supreme Court of India is regarded as the guardian oftheConstitution.ItistheSupreme orfinal interpreter of the Constitution. The interpretation of the Constitution given by the Supreme Court is to be respected.

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Question : 1

Assertion (A):
A Habeas Corpus writ petition dismissed by the Supreme Court can be admitted by the High Court under article 226 of the Constitution.
Reason (R):
In exercising writ jurisdiction, the powers of the Supreme Court and High Court are concurrent.

a) A is false but R is true

b) A is true but R is false

c) Both A and R are individually true and R is the correct explanation of A

d) Both A and R are individually true but R is not the correct explanation of A

Answer: (a)

A is false but R is true

Question : 2

The Indian Constitution provides for the appointment of Adhoc judges in:

a) All of these

b) District and Session Court

c) Supreme Court

d) High Court

Answer: (c)

The Indian Constitution provides for the appointment of Ad hoc judge in supreme court. A Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.

Question : 3

Who of the following Chief Justice of India acted as the President of India also?

a) Justice B.K. Mukherjee

b) Justice Mehar Chand Mahajan

c) Justice M. Hidayatullah

d) Justice P.N. Bhagwati

Answer: (c)

The CJI, Justice Hidayatullah then became the acting President of India. When the newly elected President took office a month later, Justice Hidayatullah reverted as the Chief Justice of India.

P.M. Bhagwati - 17th Chief Justice of India (1985-1986) Mehar Chand Mahajan - I st Prime minister of Jammu & Kashmir 3 rd Chief Justice of India (1954)

• B.K. Mukharjee - 4th Chief Justice of India (1954-1956).

Question : 4

Which High Court has jurisdiction over the State of Arunachal Pradesh ?

a) Chandigarh

b) Guwahati

c) Mumbai

d) Kolkata

Answer: (b)

Question : 5

The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its

a) original Jurisdiction

b) constitutional Jurisdiction

c) Advisory Jurisdiction

d) Appellate Jurisdiction

Answer: (a)

The jurisdiction of the Supreme Court may be categorized as original, appellate and advisory. Under the Original Jurisdiction, the Supreme Court can settle disputes

  1. between the Centre and one or more States;
  2. between the Centre and any State or States on the one side and one or more other States on the other; or
  3. between two or more States.

Question : 6

Judicial Review signifies that the Supreme Court

a) None of the above

b) can review cases whose decisions have been given by High Court

c) has final authority in overall cases

d) can declare a state law as unconstitutional

Answer: (d)

The judicial review signifies that the supreme court can declare a state law unconstitutional. In the Indian constitution, Judicial review is dealt with under Article 13. Judicial Review refers that the Constitution is the supreme power of the nation and all laws are under its supremacy.

Article 13 states that All pre-constitutional laws, if in part or completely in conflict with the Constitution, shall have all conflicting provisions deemed ineffective until an amendment to the Constitution ends the conflict. In such a situation, the provision of that law will again come into force, if it is compatible with the constitution as amended.

This is called the Doctrine of Eclipse. In a similar manner, laws made after the adoption of the Constitution by the Constituent Assembly must be compatible with the constitution, otherwise, the laws and amendments will be deemed to be void ab initio. In such situations, the Supreme Court or High Court interprets the laws to decide if they are in conformity with the Constitution.

If such an interpretation is not possible because of inconsistency, and where a separation is possible, the provision that is inconsistent with the constitution is considered to be void. In addition to article 13, articles 32, 226, and 227 provide a constitutional basis to judicial review in India

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