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

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.

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.

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.

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.

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.