Union & State Judiciary of INDIA Practice Questions Answers Test with Solutions

Question : 26

What makes the judiciary the guardian of the constitution?

a) Judicial Review

b) Salary

c) Independence

d) Service conditions

Answer: (a)

Because the Supreme Court is given the power to protect, safeguard and uphold the Constitution and empowered to declare a law null and void if it is found to be inconsistent with the Constitution. Therefore, Supreme Court is said to be the guardian of Indian Constitution.

Question : 27

Which of the following pair(s) is/ are correctly matched

  1. Article 129 : Supreme Court to be a court of record
  2. Article 137 : Transfer of cases from one High Court to another or to itself from one or more High Courts
  3. Article 132 : Supreme Courts’ apostrophs power to review its own judgement
  4. Article 143 : Advisory jurisdiction of Supreme Court

a) 1 and 4

b) 1 and 2

c) 2 and 3

d) 3 and 4

Answer: (a)

Supreme Court is empowered to transfer cases from one or more High Courts to itself or from one High Court to another under Article 139A. Supreme Court can review its own orders under Article 137.

Question : 28

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)

In Indian constitution, 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.

Question : 29

Which of the following courts in India is/are known as the court(s) of Records?

a) The District Court

b) The High Court and Supreme Court

c) The High Court only

d) The Supreme Court only

Answer: (b)

A court of record is a court whose acts and proceedings are enrolled for perpetual memory and testimony. These records are used with high authority and their truth cannot be questioned.

In the Indian constitution article 129 makes the Supreme Court the ‘court of record”. Article 129 says: 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.

Article 215 empowers the High Courts of the states to be courts of record.

Question : 30 [IAS (Pre) 1994]

Which of the following statements regarding the Advisory Jurisdiction of the Supreme Court is correct?

  1. It is binding on the Supreme Court to give its opinion on any matter referred to it by the President.
  2. The full bench of the Supreme Court hears any reference made to it under its power of Advisory Jurisdiction.
  3. The opinion given by the Supreme Court on a reference under Advisory Jurisdiction is not binding on the Government.
  4. Not more than one reference at a time can be made to the Supreme Court under its power of Advisory Jurisdiction.
Select the answer from the codes given below.

a) 2 and 4

b) 1 and 3

c) 2 and 3

d) 1 and 2

Answer: (c)

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