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

Question : 16

Consider the following statements and select the correct answer from the codes given below:
Assertion (A):
Judicial Review is a process to restrain the executive or the legislature from exercising power that may not be sanctioned by the Constitution.
Reason (R):
The source of the power of judicial review is Article 13 of the Constitution. Codes :

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: (d)

The Indian Constitution adopted the Judicial Review on lines of the U.S. Constitution. Parliament is not supreme under the Constitution of India.

Its powers are limited in a manner that the power is divided between the center and states. Moreover, the Supreme Court enjoys a position that entrusts it with the power of reviewing the legislative enactments both of Parliament and the State Legislatures.

This grants the court a powerful instrument of judicial review under the constitution.

Question : 17 [UPPCS (Mains) 2012]

In which of the following cases, the Supreme Court of India enunciated the ‘Doctrine of Basic Structure’?

a) Menka Gandhi

b) A.K. Gopalan

c) Keshvanand Bharti

d) Golaknath

Answer: (c)

Question : 18

The ‘Due Process of Law’ is the characteristics of the judicial system of

a) U.S.A

b) U.K.

c) India

d) France

Answer: (a)

The Fifth and Fourteenth Amendments to the United States Constitution each contain a Due Process Clause. Due process deals with the administration of justice and thus the Due Process Clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law.

The Supreme Court of the United States interprets the Clauses as providing four protections: procedural due process (in civil and criminal proceedings), substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights.

Question : 19 [SSC Combined Matric Level [PRE] 2001]

A Judge of the Supreme Court retires at the age of

a) 65 years

b) 50 years

c) 58 years

d) 55 years

Answer: (a)

Article 124 of the Indian Constitution states that every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five year.

Question : 20

How is legislative excess of Parliament and State Assemblies checked?

a) General elections

b) Judicial review

c) Intervention from President/Governor

d) No- confidence motions

Answer: (b)

The legislative excess of parliament and state assemblies checked by judicial review of Supreme Court.

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