Practice Indian Judiciary MCQ for UPSC Prelims with answers and explanations. Solve previous year questions (PYQ), important polity questions, and exam-oriented practice MCQs to strengthen your UPSC preparation.
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Indian Judiciary MCQ for UPSC Prelims | PYQ, Practice Questions with Answers
Description
Practice Indian Judiciary MCQ for UPSC Prelims with answers and explanations. Solve previous year questions (PYQ), important polity questions, and exam-oriented practice MCQs to strengthen your UPSC preparation.
Difficulty
Hard
Num Questions
175
Points Per Question
1
Time Limit
117 minutes
All MCQ Questions with Answers and Explanations
Question 1: Which of the following statements is/are correct? (1) Judicial review, judicial independence, and constitutional supremacy are interrelated constitutional principles. (2) The Supreme Court has recognized these principles as elements of the Basic Structure in various judgments. (3) Parliament cannot destroy or damage these principles through the exercise of its amending power.
Correct Answer:
D
— 1, 2 and 3
Explanation:
Judicial review, independence of the judiciary, and the supremacy of the Constitution are foundational principles of the Indian constitutional system. The Supreme Court has linked them to the Basic Structure in Kesavananda Bharati, Minerva Mills, S. R. Bommai, the NJAC case, and other judgments. Owing to the Basic Structure Doctrine, Parliament cannot use its amending power to abolish these principles. This framework ensures the long-term protection of democracy, the rule of law, and constitutional balance in India.
Question 2: Which of the following statements is/are correct? (1) Independence of the judiciary has been recognized as part of the Basic Structure of the Constitution. (2) Security of tenure of judges is an important constitutional safeguard for judicial independence. (3) Independence of the judiciary is based solely on judicial review.
Correct Answer:
B
— 1 and 2 only
Explanation:
Independence of the judiciary is a central element of the Basic Structure of the Indian Constitution. Security of tenure, protection of salaries, a difficult removal process, and institutional separation from the executive are important safeguards of judicial independence. It is not based solely on judicial review. Therefore, statements 1 and 2 are correct.
Question 3: Which of the following statements is/are correct? (1) A Curative Petition is an extraordinary judicial remedy. (2) A Curative Petition is expressly mentioned in the Constitution. (3) Its purpose is to rectify a gross miscarriage of justice.
Correct Answer:
C
— 1 and 3 only
Explanation:
A Curative Petition is an extraordinary judicial remedy developed by the Supreme Court and is used only in extremely limited circumstances. Its purpose is to remedy a gross miscarriage of justice. It is not expressly mentioned in the Constitution. Therefore, statements 1 and 3 are correct.
Question 4: Which of the following statements is/are correct? (1) The High Court has the power to issue writs under Article 226. (2) The writ jurisdiction of the High Court is not limited to Fundamental Rights. (3) The High Court can also issue writs for the protection of other legal rights.
Correct Answer:
A
— 1, 2 and 3
Explanation:
Article 226 grants broad writ jurisdiction to the High Courts. They may issue writs not only for the enforcement of Fundamental Rights but also for the protection of other legal rights. For this reason, the writ jurisdiction of the High Courts is considered broader in scope than that of the Supreme Court under Article 32.
Question 5: Which of the following statements is/are correct? (1) A Constitution Bench is constituted when a case involves an important question relating to the interpretation of the Constitution. (2) According to the Constitution, a Constitution Bench consists of at least five judges. (3) Every Constitution Bench decision must necessarily be delivered unanimously.
Correct Answer:
A
— 1 and 2 only
Explanation:
Under Article 145(3), when an important question of law relating to the interpretation of the Constitution arises, it is decided by a Constitution Bench comprising at least five judges. Constitution Bench decisions need not be unanimous; majority decisions are valid, and dissenting opinions may also be delivered. Therefore, statements 1 and 2 are correct, while statement 3 is incorrect.
Question 6: Which of the following statements is/are correct? (1) Judicial activism relates to a relatively proactive constitutional role of the courts. (2) Public Interest Litigation has been an important medium for the development of judicial activism. (3) Judicial activism and judicial review are completely identical concepts.
Correct Answer:
B
— 1 and 2 only
Explanation:
Judicial activism reflects a role in which courts adopt a relatively proactive approach to protect constitutional values and public interest. Public Interest Litigation has been a major instrument of this approach. Judicial review, on the other hand, is a specific constitutional power. Therefore, the two concepts are not identical. Hence, statements 1 and 2 are correct.
Question 7: Which of the following statements is/are correct? (1) Under Article 141, the law declared by the Supreme Court is binding on all courts. (2) Article 141 empowers the Supreme Court to make laws in the same manner as the legislature. (3) The doctrine of judicial precedent is strengthened by Article 141.
Correct Answer:
C
— 1 and 3 only
Explanation:
Under Article 141, the law declared by the Supreme Court is binding on all courts, thereby strengthening the doctrine of precedent. However, this provision does not confer upon the Supreme Court the power to enact general laws in the same manner as the legislature. Therefore, statements 1 and 3 are correct, while statement 2 is incorrect.
Question 8: Which of the following statements is/are correct? (1) The right to constitutional remedies provided under Article 32 is itself a Fundamental Right. (2) Dr. B. R. Ambedkar described Article 32 as the “heart and soul” of the Constitution. (3) Under Article 32, the Supreme Court can issue writs.
Correct Answer:
A
— 1, 2 and 3
Explanation:
Article 32 provides the right of direct access to the Supreme Court for the enforcement of Fundamental Rights. Dr. Ambedkar described it as the “heart and soul” of the Constitution. Under this Article, the Supreme Court can issue writs such as Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari. Therefore, all three statements are correct.
Question 9: In which of the following cases did the Supreme Court greatly expand the interpretation of Article 21 by linking “procedure established by law” with the requirement that it must be just, fair, and reasonable?
Correct Answer:
D
— Maneka Gandhi v. Union of India
Explanation:
Maneka Gandhi v. Union of India (1978) is a landmark judgment in Indian constitutional jurisprudence. The Court held that the “procedure established by law” under Article 21 cannot be arbitrary; rather, it must be just, fair, and reasonable. Although the case primarily concerned Fundamental Rights, its impact profoundly influenced the direction of judicial review and constitutional interpretation.
Question 10: Which of the following statements is/are correct? (1) The Supreme Court has, through various judgments, recognized democracy, the rule of law, and judicial review as parts of the Basic Structure of the Constitution. (2) The Basic Structure Doctrine applies only to the original text of the Constitution and not to constitutional amendments. (3) The Basic Structure Doctrine imposes a constitutional limitation on Parliament’s amending power.
Correct Answer:
B
— 1 and 3 only
Explanation:
In Kesavananda Bharati and several subsequent judgments, democracy, the rule of law, judicial review, independence of the judiciary, federalism, etc., have been recognized as parts of the Basic Structure. The Basic Structure Doctrine was specifically developed to examine the validity of constitutional amendments. It imposes a constitutional limitation on Parliament’s amending power. Therefore, statements 1 and 3 are correct, while statement 2 is incorrect.
Question 11: Which of the following statements is/are correct? (1) Article 129 declares the Supreme Court to be a Court of Record. (2) Being a Court of Record, the Supreme Court has the power to punish for its contempt. (3) This power is intended to preserve the authority and effective functioning of the administration of justice.
Correct Answer:
C
— 1, 2 and 3
Explanation:
Article 129 grants the status of a Court of Record to the Supreme Court. By virtue of this status, it possesses the power to punish for its contempt. This power is extremely important for maintaining the dignity, authority, and effectiveness of the administration of justice. Therefore, all three statements are correct.
Question 12: Which of the following statements is/are correct? (1) Independence of the judiciary is a part of the Basic Structure of the Constitution. (2) Arrangements relating to judicial appointments can be tested on the touchstone of this principle. (3) Independence of the judiciary is a concept confined only to the Supreme Court.
Correct Answer:
A
— 1 and 2 only
Explanation:
Independence of the judiciary is an important element of the Basic Structure of the Constitution, and any arrangement concerning judicial appointments can be tested against this standard. This principle is not confined to the Supreme Court but applies to the entire judicial system. Therefore, statements 1 and 2 are correct.
Question 13: Which of the following pairs is NOT correctly matched? (1) Kesavananda Bharati – Basic Structure Doctrine (2) Minerva Mills – Limited Amending Power (3) S. R. Bommai – Secularism and Federalism (4) A. K. Gopalan – Collegium System
Correct Answer:
D
— 4 only
Explanation:
The A. K. Gopalan case was related to personal liberty and the early interpretation of Article 21, not the Collegium System. The Collegium System evolved through the Second Judges Case (1993) and the Third Judges Case (1998). The remaining three pairs are correctly matched.
Question 14: Which of the following statements is/are correct? (1) The development of Public Interest Litigation [PIL] is primarily associated with judicial activism. (2) Public Interest Litigation has broadened access to justice. (3) Public Interest Litigation primarily seeks to protect broader public interest rather than merely resolve private disputes.
Correct Answer:
B
— 1, 2 and 3
Explanation:
Public Interest Litigation is an important instrument of judicial activism in India. Through it, courts have intervened in matters concerning weaker sections of society, environmental protection, human rights, and administrative accountability. Its objective is to protect broader public interest rather than merely resolve individual disputes. Therefore, all three statements are correct.
Question 15: Which of the following statements is/are correct? (1) Under Article 141, the law declared by the Supreme Court is binding on all courts. (2) Because of Article 141, the doctrine of judicial precedent receives a constitutional foundation in India. (3) The Supreme Court can never depart from any of its previous decisions.
Correct Answer:
C
— 1 and 2 only
Explanation:
Article 141 provides a constitutional basis for the doctrine of precedent in the Indian judicial system. The law declared by the Supreme Court is binding on all courts. However, the Supreme Court may reconsider its previous decisions under appropriate circumstances; therefore, statement 3 is incorrect.
Question 16: Which of the following principles provides the basis for the judiciary to invalidate unconstitutional laws?
Correct Answer:
A
— Judicial Review
Explanation:
Judicial review is the constitutional power through which courts can invalidate unconstitutional laws and unconstitutional actions of the executive. This power safeguards the supremacy of the Constitution and the rule of law. In the Indian Constitution, this power is derived from several Articles and is considered a part of the Basic Structure.
Question 17: Which of the following statements is/are correct? (1) A Curative Petition is an expressly mentioned constitutional remedy in the Constitution. (2) A Curative Petition may be available after a Review Petition. (3) Its purpose is to remedy a gross miscarriage of justice.
Correct Answer:
D
— 2 and 3 only
Explanation:
A Curative Petition is not expressly provided in the Constitution; rather, it is an extraordinary judicial remedy evolved by the Supreme Court. It is available in limited circumstances after the disposal of a Review Petition, and its purpose is to remedy a gross miscarriage of justice. Therefore, statements 2 and 3 are correct.
Question 18: Which of the following statements is/are correct? (1) The writ jurisdiction of a High Court under Article 226 is wider than that of the Supreme Court under Article 32. (2) Under Article 226, a High Court can issue writs only in matters relating to Fundamental Rights. (3) Article 32 itself is a Fundamental Right.
Correct Answer:
B
— 1 and 3 only
Explanation:
Under Article 226, a High Court can issue writs not only for the enforcement of Fundamental Rights but also for the protection of other legal rights. Therefore, its writ jurisdiction is considered broader in scope. Article 32 itself is a Fundamental Right. Statement 2 is incorrect because the powers of the High Court are not confined solely to Fundamental Rights.
Question 19: In which of the following cases did the Supreme Court accord special importance to "Secularism" as a fundamental element of the Basic Structure of the Constitution?
Correct Answer:
C
— S. R. Bommai v. Union of India
Explanation:
In S. R. Bommai v. Union of India (1994), the Supreme Court recognized secularism as an important element of the Basic Structure of the Constitution. Along with enabling judicial review of the use of Article 356, the judgment strengthened the constitutional position of federalism and secularism. This decision is highly significant in the development of Indian constitutional principles.
Question 20: Which of the following statements is/are correct? (1) The power of judicial review is derived from various provisions of the Constitution, not from any single Article. (2) Judicial review is limited only to legislative actions. (3) Through judicial review, courts can also examine the constitutional validity of executive actions.
Correct Answer:
A
— 1 and 3 only
Explanation:
In India, the basis of judicial review is embedded in several constitutional provisions such as Articles 13, 32, 131–136, 143, 226 and 227. Judicial review is not confined only to legislative actions; it also examines the constitutional and legal validity of executive actions. Therefore, judicial review is regarded as a key instrument for ensuring the supremacy of the Constitution.
Question 21: Which of the following statements is/are correct? (1) Judicial review, independence of the judiciary, and supremacy of the Constitution have been recognized as part of the Basic Structure. (2) The protection of these principles is essential for the stability of Indian constitutional democracy. (3) Parliament can abolish all these principles through a constitutional amendment.
Correct Answer:
A
— Only 1 and 2
Explanation:
Statements 1 and 2 are correct, whereas Statement 3 is incorrect because Parliament cannot destroy the Basic Structure of the Constitution.
Question 22: Which of the following statements is/are correct? (1) Public Interest Litigation [PIL] has broadened access to justice. (2) PIL led to the relaxation of the traditional doctrine of locus standi. (3) A PIL can be filed only by a person directly affected by the issue.
Correct Answer:
B
— Only 1 and 2
Explanation:
Public Interest Litigation democratized access to justice and enabled weaker sections of society to approach the courts. As a result, traditional rules of locus standi were liberalized. Therefore, Statements 1 and 2 are correct, while Statement 3 is incorrect.
Question 23: Which of the following statements is/are correct? (1) A High Court may issue writs under Article 226. (2) A High Court exercises superintendence over subordinate courts under Article 227. (3) Articles 226 and 227 are completely identical in purpose and nature.
Correct Answer:
C
— Only 1 and 2
Explanation:
Article 226 confers writ jurisdiction, whereas Article 227 confers the power of superintendence. Their nature, purpose, and scope are distinct. Therefore, Statements 1 and 2 are correct, while Statement 3 is incorrect.
Question 24: Which of the following cases is associated with judicial review of the electoral process and the expansion of the Basic Structure Doctrine?
Correct Answer:
A
— Indira Nehru Gandhi v. Raj Narain
Explanation:
In Indira Nehru Gandhi v. Raj Narain (1975), the Supreme Court held that free and fair elections constitute a basic feature of the constitutional system. The judgment further developed the scope of the Basic Structure Doctrine and strengthened the constitutional protection of democratic governance.
Question 25: Which of the following statements is/are correct? (1) The power of the Supreme Court under Article 142 is beyond constitutional limitations. (2) Orders passed under Article 142 remain subject to the Constitution. (3) The power under Article 142 must be exercised consistently with constitutional principles and cannot override the Constitution.
Correct Answer:
D
— Only 2 and 3
Explanation:
Article 142 grants wide powers to the Supreme Court, but these powers are not unlimited. The Court has clarified in several cases that the concept of “complete justice” remains subject to the Constitution and the basic framework of law. Therefore, Statements 2 and 3 are correct, while Statement 1 is incorrect.
Question 26: Which of the following statements is/are correct? (1) Judicial activism and judicial review are not synonymous terms. (2) Judicial review is a constitutionally conferred power, whereas judicial activism reflects a judicial approach or methodology. (3) Every instance of judicial activism amounts to judicial overreach.
Correct Answer:
B
— Only 1 and 2
Explanation:
Judicial review is a constitutional power through which courts examine the validity of laws and governmental actions. Judicial activism is a judicial approach in which courts adopt a relatively active role in protecting constitutional values. Judicial activism cannot automatically be equated with judicial overreach. Therefore, Statements 1 and 2 are correct.
Question 27: Which of the following statements is/are correct? (1) A Special Leave Petition [SLP] under Article 136 is a discretionary power of the Supreme Court. (2) The Supreme Court is bound to admit every case filed as an SLP. (3) The power under Article 136 is considered extremely wide.
Correct Answer:
C
— Only 1 and 3
Explanation:
Article 136 confers upon the Supreme Court a broad discretionary power to hear appeals by special leave. This power is extraordinary in nature, and the Court is not obliged to admit every SLP. Therefore, Statements 1 and 3 are correct, while Statement 2 is incorrect.
Question 28: Which of the following elements has been recognized as part of the Basic Structure of the Constitution in various judgments?
Correct Answer:
A
— Independence of the Judiciary
Explanation:
Independence of the judiciary has been recognized in several judgments as part of the Basic Structure of the Constitution. In contrast, unlimited amending power of Parliament has been rejected, and the abolition of judicial review or complete destruction of Fundamental Rights is considered contrary to the Basic Structure. Therefore, only Option A is correct.
Question 29: In which of the following cases did the Supreme Court first hold that constitutional amendments are not “law” within the meaning of Article 13?
Correct Answer:
D
— Shankari Prasad v. Union of India
Explanation:
In Shankari Prasad v. Union of India (1951), the Supreme Court held that a constitutional amendment under Article 368 is an exercise of constituent power and is not “law” within the meaning of Article 13. This view was reaffirmed in the Sajjan Singh case, rejected in the Golaknath case, and later restored in Kesavananda Bharati, subject to the Basic Structure Doctrine.
Question 30: Which of the following statements is/are correct? (1) The Basic Structure Doctrine is primarily used to examine the validity of constitutional amendments. (2) The source of the Basic Structure Doctrine is not any specific provision of the Constitution. (3) The Basic Structure Doctrine is the result of judicial interpretation.
Correct Answer:
D
— 1, 2 and 3
Explanation:
The Basic Structure Doctrine evolved through judicial interpretation in the Kesavananda Bharati case. It is not derived from any separate constitutional provision. Since it is primarily used to test the validity of constitutional amendments, all three statements are correct.
Question 31: Which of the following statements is/are correct? (1) Judicial review ensures the supremacy of the Constitution. (2) Judicial review can protect both the federal structure and Fundamental Rights. (3) Without judicial review, effective enforcement of the Basic Structure Doctrine would become difficult.
Correct Answer:
A
— 1, 2 and 3
Explanation:
Judicial review is a central feature of the Indian constitutional framework. It plays a vital role in maintaining constitutional supremacy, protecting Fundamental Rights, preserving federal balance, and upholding the rule of law. The practical enforcement of the Basic Structure Doctrine is also possible only through judicial review. Therefore, all three statements are correct.
Question 32: Which of the following statements is/are correct? (1) Under Article 141, the law declared by the Supreme Court is binding on all courts. (2) Article 141 strengthens the doctrine of precedent in the Indian judicial system. (3) The Supreme Court is bound by each of its previous decisions in every circumstance.
Correct Answer:
C
— Only 1 and 2
Explanation:
Article 141 provides a constitutional basis for the doctrine of precedent in the Indian judicial system. The law declared by the Supreme Court is binding on all subordinate courts. However, the Supreme Court may reconsider its earlier decisions in appropriate circumstances. Therefore, Statements 1 and 2 are correct, while Statement 3 is incorrect.
Question 33: Which of the following statements is/are correct? (1) Independence of the judiciary is a part of the Basic Structure of the Constitution. (2) The process of judicial appointments may also be evaluated on this constitutional standard. (3) It was on this basis that the Supreme Court invalidated the provisions relating to the National Judicial Appointments Commission [NJAC].
Correct Answer:
B
— 1, 2 and 3
Explanation:
Independence of the judiciary forms part of the Basic Structure, and the system of judicial appointments can also be tested against this constitutional standard. In the NJAC case (2015), the Supreme Court declared the 99th Constitutional Amendment and the related legislation unconstitutional, primarily on the ground of preserving judicial independence. Therefore, all three statements are correct.
Question 34: Which of the following statements is/are correct? (1) The curative petition evolved by the Supreme Court is expressly mentioned in the Constitution. (2) The purpose of a curative petition is to rectify a failure of justice in extremely rare cases. (3) A curative petition is not an additional stage of ordinary appeal.
Correct Answer:
D
— Only 2 and 3
Explanation:
A curative petition is not expressly mentioned in the Constitution; rather, it is a judicial remedy evolved by the Supreme Court. Its purpose is to remedy grave miscarriages of justice in highly exceptional circumstances. It is not a substitute for an ordinary appeal or regular review. Therefore, Statements 2 and 3 are correct, while Statement 1 is incorrect.
Question 35: In which of the following cases did the Supreme Court hold that both judicial review and limited amending power form part of the Basic Structure of the Constitution?
Correct Answer:
A
— Minerva Mills v. Union of India
Explanation:
The Minerva Mills case (1980) is highly significant in the context of judicial review and limited amending power. The Supreme Court held that Parliament’s amending power is not unlimited and that judicial review is an integral part of the Basic Structure of the Constitution. The judgment struck down certain provisions of the 42nd Constitutional Amendment as unconstitutional.
Question 36: Which of the following statements is/are correct? (1) Public Interest Litigation [PIL] is a major instrument of judicial activism. (2) The objective of judicial activism is always to replace the legislature. (3) The justification for judicial activism is often linked to the protection of constitutional values.
Correct Answer:
C
— Only 1 and 3
Explanation:
Public Interest Litigation has been a major tool of judicial activism. The purpose of judicial activism is not to replace the legislature but to protect constitutional values, Fundamental Rights, and public interest. Although debates continue regarding its limits, its justification is generally associated with making constitutional governance more effective. Therefore, Statements 1 and 3 are correct.
Question 37: Which of the following pairs is correctly matched? (1) Indira Nehru Gandhi Case – Free and Fair Elections (2) S. R. Bommai Case – Federalism (3) Minerva Mills Case – Limited Amending Power
Correct Answer:
B
— 1, 2 and 3
Explanation:
In Indira Nehru Gandhi v. Raj Narain, free and fair elections were recognized as a basic feature of the constitutional system. The S. R. Bommai case strengthened the constitutional status of federalism, while the Minerva Mills case recognized limited amending power and judicial review as part of the Basic Structure. Therefore, all three pairs are correctly matched.
Question 38: Which of the following statements is/are correct? (1) The jurisdiction of the Supreme Court under Article 32 is confined to the enforcement of Fundamental Rights. (2) Under Article 226, a High Court may issue writs not only for the enforcement of Fundamental Rights but also for the protection of other legal rights. (3) The jurisdiction of the Supreme Court under Article 32 is wider than that of the High Courts under Article 226.
Correct Answer:
D
— Only 1 and 2
Explanation:
Article 32 is concerned only with the enforcement of Fundamental Rights, whereas under Article 226, High Courts may issue writs for the protection of other legal rights as well. In this respect, the subject-matter scope of Article 226 is considered broader. Therefore, Statement 3 is incorrect, while Statements 1 and 2 are correct.
Question 39: In which of the following cases did the Supreme Court establish that constitutional amendments are subject to judicial review and that amendments damaging the Basic Structure may be struck down?
Correct Answer:
A
— Kesavananda Bharati v. State of Kerala
Explanation:
In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that Parliament can amend the Constitution under Article 368, but its amending power is not unlimited. If a constitutional amendment destroys or damages the Basic Structure of the Constitution, the Court may declare it unconstitutional. The Basic Structure Doctrine was propounded in this judgment.
Question 40: Which of the following statements is/are correct? (1) The Supreme Court has not prescribed any exhaustive and final list of the elements included under the Basic Structure Doctrine. (2) The Basic Structure Doctrine has evolved progressively through various judicial decisions. (3) Parliament has the power to abolish the Basic Structure Doctrine through a constitutional amendment.
Correct Answer:
C
— Only 1 and 2
Explanation:
The Supreme Court has not laid down any final or closed list of the components of the Basic Structure. Over time, in cases such as Kesavananda Bharati, Indira Nehru Gandhi, Minerva Mills, S. R. Bommai, etc., new elements have been recognized as part of the Basic Structure. Parliament cannot abolish the Basic Structure Doctrine because the doctrine itself defines the constitutional limits of Parliament’s amending power. Therefore, Statements 1 and 2 are correct.
Question 41: Which of the following statements is/are correct? (1) Judicial review and judicial independence have both been recognized as parts of the Basic Structure of the Constitution. (2) Parliament cannot completely abolish either of these principles through a constitutional amendment. (3) The protection of these principles is linked to the stability of Indian constitutional democracy.
Correct Answer:
D
— 1, 2 and 3
Explanation:
Both judicial review and judicial independence have been recognized by the Supreme Court as integral components of the Basic Structure of the Constitution. Owing to the Basic Structure Doctrine, Parliament cannot abolish these principles. These elements are essential for maintaining constitutional supremacy, the rule of law, protection of Fundamental Rights, and democratic balance. Therefore, all three statements are correct.
Question 42: Which of the following statements is/are correct? (1) Article 141 and Article 142 both strengthen the institutional role of the Supreme Court. (2) Article 141 relates to the binding nature of the law declared by the Court. (3) Article 142 confers special power to ensure complete justice.
Correct Answer:
A
— 1, 2 and 3
Explanation:
Article 141 makes the law declared by the Supreme Court binding on all courts, while Article 142 empowers the Court to pass orders necessary for doing complete justice. Both provisions strengthen the constitutional position and effectiveness of the Supreme Court. Therefore, all three statements are correct.
Question 43: Which Article empowers the Supreme Court to review its own judgments?
Correct Answer:
B
— Article 137
Explanation:
Article 137 empowers the Supreme Court to review its own judgments and orders. This power enables the Court to reconsider its decisions in cases involving apparent errors or serious miscarriage of justice. It is not a substitute for an ordinary appeal but a limited constitutional remedy.
Question 44: Which of the following statements is/are correct? (1) The development of Public Interest Litigation is closely associated with judicial activism. (2) Public Interest Litigation liberalized the doctrine of locus standi. (3) Public Interest Litigation is accepted only in environmental matters.
Correct Answer:
C
— 1 and 2 only
Explanation:
Public Interest Litigation is a major instrument of judicial activism in India. It liberalized the traditional doctrine of locus standi, making issues of wider public concern accessible to judicial scrutiny. It has been used in environmental protection, human rights, prison reforms, corruption, administrative accountability, and many other areas. Therefore, statements 1 and 2 are correct, while statement 3 is incorrect.
Question 45: Which of the following statements is/are correct? (1) Independence of the judiciary is a part of the Basic Structure of the Constitution. (2) The difficult process of removing judges serves as a safeguard for judicial independence. (3) Judges’ salaries are subject to ordinary appropriation voting.
Correct Answer:
D
— 1 and 2 only
Explanation:
Independence of the judiciary forms part of the Basic Structure of the Constitution. The rigorous impeachment process for removing judges and the charging of their salaries upon the Consolidated Fund are important constitutional safeguards of judicial independence. Judges’ salaries are not subject to ordinary appropriation voting. Therefore, statements 1 and 2 are correct, while statement 3 is incorrect.
Question 46: Which of the following statements is/are correct? (1) The writ jurisdiction of a High Court is affected by territorial limits. (2) The jurisdiction of the Supreme Court under Article 32 extends throughout India. (3) The subject-matter jurisdiction of a High Court under Article 226 is wider than that of Article 32.
Correct Answer:
A
— 1, 2 and 3
Explanation:
The writ jurisdiction of a High Court is connected with its territorial jurisdiction, whereas the jurisdiction of the Supreme Court extends throughout India. Further, under Article 226, High Courts may issue writs not only for the enforcement of Fundamental Rights but also for other legal rights. Therefore, from a subject-matter perspective, Article 226 is considered wider than Article 32. All three statements are correct.
Question 47: Which of the following pair(s) is/are correctly matched? (1) Kesavananda Bharati – Basic Structure Doctrine (2) Minerva Mills – Judicial Review and Limited Amending Power (3) S. R. Bommai – Federalism and Article 356
Correct Answer:
B
— 1, 2 and 3
Explanation:
The Kesavananda Bharati case is associated with the Basic Structure Doctrine, the Minerva Mills case with judicial review and limited amending power, and the S. R. Bommai case with federalism and judicial review of Article 356. Therefore, all three pairs are correctly matched.
Question 48: Which of the following statements is not correct with respect to Article 142?
Correct Answer:
D
— The power under Article 142 can be exercised even in violation of the Basic Structure of the Constitution.
Explanation:
Article 142 empowers the Supreme Court to pass orders necessary for doing complete justice. Such orders are enforceable throughout India and may be invoked in exceptional situations. However, the power under Article 142 cannot be exercised contrary to constitutional provisions or the Basic Structure of the Constitution. Therefore, option D is incorrect.
Question 49: Which of the following statements is/are correct? (1) Article 32 provides direct access to the Supreme Court. (2) Article 32 relates only to the enforcement of Fundamental Rights. (3) Dr. B. R. Ambedkar described Article 32 as the “heart and soul” of the Constitution.
Correct Answer:
C
— 1, 2 and 3
Explanation:
Article 32 grants citizens the right to directly approach the Supreme Court for the enforcement of Fundamental Rights. It is itself a Fundamental Right. Dr. B. R. Ambedkar described it as the “heart and soul” of the Constitution. Therefore, all three statements are correct.
Question 50: Which of the following statements is/are correct? (1) The Basic Structure Doctrine is not expressly mentioned in the original text of the Constitution. (2) The Basic Structure Doctrine evolved through judicial interpretation. (3) Parliament may abolish the Basic Structure under Article 368 if the amendment is passed by a special majority.
Correct Answer:
A
— 1 and 2 only
Explanation:
The Basic Structure Doctrine is not expressly mentioned anywhere in the original text of the Constitution. It was developed by the Supreme Court, particularly in the Kesavananda Bharati case (1973). According to this doctrine, Parliament may amend the Constitution but cannot destroy its Basic Structure. Therefore, statements 1 and 2 are correct, while statement 3 is incorrect.
Question 51: Which of the following statements is/are correct? (1) The purpose of judicial review is to maintain the supremacy of the Constitution. (2) Judicial review also helps in preserving the federal balance. (3) In the absence of judicial review, there would be no judicial mechanism to invalidate unconstitutional laws.
Correct Answer:
D
— 1, 2 and 3
Explanation:
Judicial review is a principal mechanism for safeguarding the supremacy of the Constitution, the federal structure, Fundamental Rights, and the rule of law. Through judicial review, courts can invalidate unconstitutional laws and executive actions. Without this power, constitutional supremacy would be significantly weakened in practice. Therefore, the Supreme Court has recognized it as part of the Basic Structure of the Constitution.
Question 52: Which of the following statements is/are correct? (1) The power to punish for contempt of the Supreme Court and the High Courts is connected with their status as Courts of Record. (2) The Supreme Court derives this power from Article 129, while the High Courts derive it from Article 215.
Correct Answer:
B
— Both 1 and 2
Explanation:
The Supreme Court under Article 129 and the High Courts under Article 215 are Courts of Record. As Courts of Record, they possess the power to punish for contempt of themselves. This power is constitutional in nature and exists independently of the Contempt of Courts Act, 1971. Therefore, both statements are correct.
Question 53: Which of the following statements is/are correct? (1) Through Public Interest Litigation, the judiciary has developed numerous guidelines relating to environmental protection. (2) Through Public Interest Litigation, courts have also intervened in cases of administrative inaction. (3) Public Interest Litigation is confined only to matters involving Fundamental Rights.
Correct Answer:
C
— 1 and 2 only
Explanation:
Through Public Interest Litigation, the judiciary has issued significant directions relating to environmental protection, prison reforms, bonded labour, women’s rights, administrative accountability, and good governance. Its scope is not confined only to Fundamental Rights. Therefore, statements 1 and 2 are correct, while statement 3 is incorrect.
Question 54: In which of the following cases did the Supreme Court declare the National Judicial Appointments Commission [NJAC] unconstitutional?
Correct Answer:
A
— Supreme Court Advocates-on-Record Association v. Union of India
Explanation:
In 2015, the Supreme Court, in Supreme Court Advocates-on-Record Association v. Union of India, declared the 99th Constitutional Amendment and the National Judicial Appointments Commission Act unconstitutional. The Court held that judicial independence is a part of the Basic Structure of the Constitution and that the proposed arrangement could affect that independence. This judgment is highly significant in the area of judicial appointments.
Question 55: Which of the following statements is/are correct? (1) To ensure judicial independence, the salaries and allowances of judges are charged upon the Consolidated Fund of India. (2) The salaries of Supreme Court judges cannot be reduced to their disadvantage during their tenure, except during a Financial Emergency. (3) Judicial independence is based solely on judicial review.
Correct Answer:
C
— 1 and 2 only
Explanation:
To ensure judicial independence, the salaries, allowances, and pensions of judges are charged upon the Consolidated Fund of India. Their salaries cannot be altered to their disadvantage during their tenure, except during a Financial Emergency under Article 360. Judicial independence is not based solely on judicial review but on multiple constitutional safeguards. Therefore, statements 1 and 2 are correct.
Question 56: Which of the following statements most appropriately expresses the doctrine of “Limited Amending Power”?
Correct Answer:
B
— Parliament may amend the Constitution, but cannot destroy its Basic Structure.
Explanation:
The doctrine of Limited Amending Power evolved through the Kesavananda Bharati and Minerva Mills cases. According to this doctrine, Parliament enjoys wide amending powers under Article 368, but it cannot destroy, alter, or abrogate the Basic Structure of the Constitution. This doctrine serves as an important foundation of constitutional balance in Indian democracy.
Question 57: Which of the following statements is/are correct? (1) The High Court’s power of superintendence under Article 227 and its writ jurisdiction under Article 226 are of the same nature. (2) Under Article 227, a High Court may supervise the proceedings of subordinate courts. (3) The power under Article 227 is not confined merely to administrative control.
Correct Answer:
C
— 2 and 3 only
Explanation:
Article 226 confers writ jurisdiction, whereas Article 227 confers the power of superintendence over all courts and tribunals within the territorial jurisdiction of the High Court (except those constituted under laws relating to the Armed Forces). The power under Article 227 includes both administrative and judicial superintendence. Therefore, statements 2 and 3 are correct, while statement 1 is incorrect.
Question 58: In which of the following cases did the Supreme Court hold that harmony and balance between Fundamental Rights and Directive Principles of State Policy form part of the Basic Structure of the Constitution?
Correct Answer:
A
— Minerva Mills v. Union of India
Explanation:
The Minerva Mills case (1980) is a landmark judgment in Indian constitutional law in which the Supreme Court held that the balance between Fundamental Rights and Directive Principles forms part of the Basic Structure of the Constitution. On this basis, certain provisions of the 42nd Constitutional Amendment were declared unconstitutional. The judgment also reaffirmed judicial review and limited amending power.
Question 59: Which of the following statements is/are correct? (1) The advisory opinion of the Supreme Court is generally not binding. (2) The President may seek the opinion of the Supreme Court on a question of law or fact of public importance. (3) Advice rendered under Article 143 is not binding in the same manner as a judicial decision.
Correct Answer:
C
— 1, 2 and 3
Explanation:
Under Article 143, the President may refer to the Supreme Court questions of law or fact that are of public importance. The advisory opinion rendered by the Court is ordinarily not binding upon the President or the Government, unlike judgments delivered in the exercise of judicial jurisdiction. Therefore, all three statements are correct.
Question 60: Which of the following statements is/are correct? (1) The term “law” under Article 13 includes ordinances. (2) A law inconsistent with the Constitution is void to the extent of such inconsistency. (3) Judicial review can be exercised only by the Supreme Court.
Correct Answer:
B
— 1 and 2 only
Explanation:
The definition of “law” under Article 13 is broad and includes Acts, ordinances, rules, regulations, etc. A law inconsistent with the Constitution becomes void only to the extent of such inconsistency. High Courts also possess the power of judicial review under Article 226. Therefore, statements 1 and 2 are correct.
Question 61: Which of the following statements is/are correct? (1) Public Interest Litigation [PIL] was originally used to promote social justice. (2) Over time, it has also been used in matters relating to environmental protection, good governance, and human rights. (3) The Supreme Court has acknowledged that PIL can also be misused.
Correct Answer:
A
— 1, 2 and 3
Explanation:
The original objective of Public Interest Litigation was to provide access to justice for weaker and disadvantaged sections of society. Subsequently, its scope expanded to environmental protection, corruption, administrative accountability, human rights, and good governance. Courts have also repeatedly cautioned against its misuse for personal gain, political motives, or publicity. Therefore, all three statements are correct.
Question 62: Which of the following cases is particularly known for linking the power of judicial review with the Basic Structure of the Constitution?
Correct Answer:
C
— Minerva Mills Case
Explanation:
In Minerva Mills v. Union of India (1980), the Supreme Court explicitly held that limited amending power and judicial review are part of the Basic Structure of the Constitution. The judgment struck down certain provisions of the 42nd Constitutional Amendment and reinforced the role of the judiciary. It is considered an important extension of the principles laid down in Kesavananda Bharati.
Question 63: Which of the following statements is/are correct? (1) The Collegium System is not mentioned in the original text of the Constitution. (2) The Collegium System evolved through judicial decisions. (3) The National Judicial Appointments Commission [NJAC] was declared unconstitutional by the Supreme Court.
Correct Answer:
B
— 1, 2 and 3
Explanation:
The Collegium System is not mentioned in the Constitution and evolved through judicial interpretation, particularly in the Second Judges Case (1993) and the Presidential Reference (Third Judges Case, 1998). In Supreme Court Advocates-on-Record Association v. Union of India (2015), the Supreme Court struck down the Constitution (Ninety-Ninth Amendment) Act, 2014 and the NJAC Act, holding that judicial independence is part of the Basic Structure of the Constitution. Therefore, all three statements are correct.
Question 64: Which of the following statements is/are correct? (1) The writ of Certiorari may be issued against subordinate courts, tribunals, and bodies performing judicial or quasi-judicial functions. (2) The writ of Prohibition is issued after the proceedings have been completed. (3) The effect of a writ of Certiorari may be to quash the order of a subordinate authority.
Correct Answer:
C
— 1 and 3 only
Explanation:
A writ of Prohibition is issued before the completion of proceedings, whereas a writ of Certiorari may be issued to quash an order. Therefore, statements 1 and 3 are correct.
Question 65: Which of the following statements is correct?
Correct Answer:
A
— Independence of the judiciary has been considered a part of the Basic Structure of the Constitution.
Explanation:
The Supreme Court has held in various judgments that the independence of the judiciary forms part of the Basic Structure of the Constitution. Safeguards such as security of tenure, protected salaries, a difficult removal process, judicial review, and separation from the executive constitute its constitutional foundation. It is an essential principle for Indian democracy and the rule of law.
Question 66: Which of the following statements is/are correct? (1) The writ jurisdiction of a High Court is linked to its territorial jurisdiction. (2) A High Court may issue a writ even when only a part of the cause of action arises within its jurisdiction. (3) This position became clearer after the Constitution [Fifteenth Amendment] Act, 1963.
Correct Answer:
C
— 1, 2 and 3
Explanation:
Article 226(2), inserted by the Constitution (Fifteenth Amendment) Act, 1963, provides that a High Court may exercise writ jurisdiction if the cause of action, wholly or in part, arises within its territorial jurisdiction, even though the seat of the government, authority, or person concerned is located outside such territory. Therefore, all three statements are correct.
Question 67: Which of the following pairs is not correctly matched? (1) Kesavananda Bharati – Basic Structure Doctrine (2) Minerva Mills – Limited Amending Power (3) S. R. Bommai – Judicial Appointments (4) Golaknath – Fundamental Rights and Amending Power
Correct Answer:
B
— 3 only
Explanation:
The S. R. Bommai case primarily dealt with Article 356, federalism, and judicial review of President’s Rule, and not judicial appointments. All other pairs are correctly matched. This question tests the ability to distinguish between important constitutional cases and their subject matter.
Question 68: Which of the following statements is/are correct? (1) Article 142 empowers the Supreme Court to pass orders for doing complete justice. (2) Orders passed under Article 142 can override any provision of the Constitution. (3) Article 142 is invoked by the Court in extraordinary circumstances.
Correct Answer:
D
— 1 and 3 only
Explanation:
Article 142 empowers the Supreme Court to pass such decrees or orders as may be necessary for doing complete justice in any cause or matter pending before it. However, the power under Article 142 cannot be exercised in a manner that contravenes substantive statutory provisions or the basic constitutional framework. The Supreme Court has repeatedly held that Article 142 supplements the law but does not supplant it. Therefore, statements 1 and 3 are correct, while statement 2 is incorrect.
Question 69: In which of the following cases did the Supreme Court propound the Basic Structure Doctrine while accepting Parliament’s power to amend the Constitution?
Correct Answer:
A
— Kesavananda Bharati v. State of Kerala
Explanation:
The Kesavananda Bharati case is regarded as the most significant judgment in Indian constitutional history. The Court held that Parliament may amend any part of the Constitution, but it cannot alter or destroy its Basic Structure. This came to be known as the Basic Structure Doctrine. The judgment established a constitutional balance between Parliament and the Judiciary.
Question 70: Which of the following statements is/are correct? (1) The constitutional basis of judicial review is not limited only to Article 13. (2) The power of judicial review is further strengthened by Articles 32 and 226. (3) Judicial review has been regarded by the Supreme Court as a part of the Basic Structure of the Constitution.
Correct Answer:
C
— 1, 2 and 3
Explanation:
The constitutional basis of judicial review is embedded in several provisions, including Articles 13, 32, 131–136, 226, and 227. The Supreme Court, in the Kesavananda Bharati and Minerva Mills cases, held that judicial review forms part of the Basic Structure of the Constitution. Therefore, all three statements are correct.
Question 71: Which of the following statement is/are correct? (1) A High Court is a Court of Record under the Constitution. (2) A High Court has the power to punish for its own contempt. (3) A High Court derives its status as a Court of Record from Article 215.
Correct Answer:
D
— 1, 2 and 3
Explanation:
Article 215 declares every High Court to be a Court of Record. Being a Court of Record, its decisions are preserved as permanent records and it possesses the power to punish for its own contempt. This power is considered necessary for maintaining the dignity, independence, and effectiveness of the judiciary. Therefore, all three statements are correct.
Question 72: Which of the following statements regarding Public Interest Litigation (PIL) is correct?
Correct Answer:
A
— Courts have, in certain cases, accepted letters and postcards as petitions.
Explanation:
During the evolution of Public Interest Litigation, the Indian judiciary simplified and liberalized procedural requirements. In certain cases, courts accepted letters and postcards as petitions, a practice known as epistolary jurisdiction. PILs may be filed before both High Courts and the Supreme Court, and the traditional doctrine of locus standi has been relaxed in such cases.
Question 73: Which of the following statement is/are correct? (1) Article 50 directs the State to separate the judiciary from the executive. (2) It forms part of the Directive Principles of State Policy. (3) It is considered conducive to strengthening judicial independence.
Correct Answer:
B
— 1, 2 and 3
Explanation:
Article 50 forms part of the Directive Principles of State Policy and directs the State to separate the judiciary from the executive. It is an important provision that strengthens the constitutional concept of judicial independence. Although Directive Principles are not directly enforceable by courts, they are regarded as fundamental principles of governance. Therefore, all three statements are correct.
Question 74: Which of the following cases is associated with judicial independence and the development of the Collegium System in judicial appointments?
Correct Answer:
C
— Second Judges Case
Explanation:
The Second Judges Case (1993) is a landmark judgment in the history of India's judicial appointment system. In this decision, the Supreme Court recognized the primacy of the judiciary in judicial appointments and laid the foundation of the Collegium System. The Third Judges Case (1998) further clarified the system. This issue is directly related to judicial independence.
Question 75: Which of the following statement is/are correct? (1) Judgments of the Supreme Court may be reviewed. (2) Even after the dismissal of a Review Petition, a limited remedy in the form of a Curative Petition may be available. (3) A Curative Petition is expressly mentioned in the Constitution.
Correct Answer:
D
— Only 1 and 2
Explanation:
The Supreme Court has the power to review its own judgments and orders under Article 137 of the Constitution. In exceptional circumstances, after the dismissal of a Review Petition, an aggrieved party may invoke the Curative Petition jurisdiction evolved by the Supreme Court in the interest of preventing miscarriage of justice. Since the concept of a Curative Petition is a judicial innovation and not a constitutional provision, statement 3 is incorrect.
Question 76: Which of the following statement is/are correct? (1) Judicial Review is considered a part of the Basic Structure of the Constitution. (2) Parliament can completely abolish Judicial Review through a constitutional amendment.
Correct Answer:
A
— Only 1
Explanation:
In Kesavananda Bharati, Minerva Mills, and other judgments, the Supreme Court held Judicial Review to be a part of the Basic Structure of the Constitution. Since Parliament cannot destroy the Basic Structure, it cannot completely abolish Judicial Review. Therefore, statement 1 is correct and statement 2 is incorrect. This is a highly important concept in Indian Constitutional Law.
Question 77: Under which Article of the Constitution of India does a High Court exercise administrative control over subordinate courts?
Correct Answer:
B
— Article 235
Explanation:
Article 235 vests in the High Court control over subordinate courts, including matters relating to posting, promotion, grant of leave, and disciplinary control over members of the subordinate judiciary. Article 227, on the other hand, provides the power of superintendence over all courts and tribunals within its territorial jurisdiction.
Question 78: Which of the following statements best distinguishes Judicial Activism from Judicial Overreach?
Correct Answer:
D
— Judicial Activism seeks to protect constitutional values and public interest within constitutional boundaries, whereas Judicial Overreach is alleged when the judiciary encroaches upon the functions of the legislature or executive.
Explanation:
Judicial Activism aims to protect the Constitution, Fundamental Rights, and public interest, whereas the term Judicial Overreach is used when it is alleged that the judiciary is interfering excessively in the domain of the legislature or executive. This constitutes the fundamental distinction between the two concepts.
Question 79: Which of the following statement is/are correct? (1) The Supreme Court can review its own judgments. (2) The power of review is contained in Article 137 of the Constitution. (3) A Review Petition is intended to provide an alternative to a regular appeal.
Correct Answer:
C
— Only 1 and 2
Explanation:
Article 137 empowers the Supreme Court to review its own judgments or orders. This power is exercised in limited circumstances, such as where there is an apparent error or a grave failure of justice. A Review Petition is not an alternative to a regular appeal but an extraordinary constitutional remedy. Therefore, statements 1 and 2 are correct, while statement 3 is incorrect.
Question 80: Which of the following statement is/are correct? (1) Article 141 of the Constitution makes the law declared by the Supreme Court binding on all courts in India. (2) Every observation made by the Supreme Court under Article 141 is regarded as binding law.
Correct Answer:
A
— Only 1
Explanation:
Under Article 141, the law declared by the Supreme Court is binding on all courts in India. However, not every remark, observation, or incidental statement made in a judgment is binding. Only the legal principle forming the basis of the decision is considered binding. This is an important aspect of the doctrine of judicial precedent.
Question 81: Which of the following statement is/are correct? (1) The concept of Public Interest Litigation [PIL] liberalized the traditional doctrine of locus standi. (2) A PIL can be filed only by the person directly affected. (3) The objective of PIL is to ensure broader access to justice.
Correct Answer:
D
— Only 1 and 3
Explanation:
Public Interest Litigation liberalized the traditional doctrine of locus standi by allowing individuals and organizations acting in the public interest to approach the courts even if they are not directly affected. Its objective is to provide access to justice to weaker and disadvantaged sections of society. Therefore, statements 1 and 3 are correct, while statement 2 is incorrect. It is an important dimension of Judicial Activism in India.
Question 82: Which of the following cases triggered a major constitutional debate regarding Parliament's power to amend Fundamental Rights and subsequently influenced the evolution of the Basic Structure Doctrine in the Kesavananda Bharati case?
Correct Answer:
B
— Golaknath Case
Explanation:
In Golaknath v. State of Punjab, the Supreme Court held that Parliament could not amend Fundamental Rights. Although this position was later modified in the Kesavananda Bharati case, the Golaknath judgment generated extensive constitutional debate regarding Parliament's amending power and Fundamental Rights. It became an important precursor to the development of the Basic Structure Doctrine.
Question 83: Which of the following statement is/are correct? (1) A writ of Certiorari can quash the order of a subordinate court. (2) A writ of Prohibition restrains a subordinate court from proceeding further. (3) Both Prohibition and Certiorari are issued only against administrative authorities.
Correct Answer:
C
— Only 1 and 2
Explanation:
Certiorari may be issued to quash the order of a subordinate court or tribunal, whereas Prohibition is issued to prevent proceedings before they are completed. Statement 3 is incorrect because these writs are primarily issued against judicial or quasi-judicial bodies and not merely against administrative authorities.
Question 84: Which of the following statements regarding Judicial Review is correct?
Correct Answer:
A
— It is a means of ensuring the supremacy of the Constitution.
Explanation:
Judicial Review is a fundamental feature of the Indian constitutional system and ensures the supremacy of the Constitution. It is exercised by both the Supreme Court and the High Courts. Although the term "Judicial Review" is not expressly defined in the Constitution, the power is derived from various Articles such as 13, 32, 131–136, 226, and 227. It has been recognized as a part of the Basic Structure of the Constitution.
Question 85: Which of the following statement is/are correct? (1) District Judges are appointed by the Governor. (2) Consultation with the concerned High Court is necessary in the appointment of District Judges. (3) District Judges are appointed by the President.
Correct Answer:
D
— Only 1 and 2
Explanation:
According to Article 233, District Judges are appointed by the Governor in consultation with the concerned High Court. The President has no role in this process. This arrangement is intended to maintain judicial independence and the quality of judicial administration. Therefore, statements 1 and 2 are correct, while statement 3 is incorrect.
Question 86: Which of the following is regarded as a significant manifestation of Judicial Activism in India?
Correct Answer:
B
— Promotion of social justice through Public Interest Litigations (PILs)
Explanation:
Judicial Activism refers to the proactive role of the judiciary in protecting constitutional values and public interest. Public Interest Litigation (PIL) is one of its most significant instruments. Numerous decisions relating to environmental protection, prison reforms, bonded labour, women's rights, and administrative accountability are examples of Judicial Activism. The other options are not related to the role of the judiciary.
Question 87: Which of the following statement is/are correct? (1) The writ jurisdiction of the High Court is not confined only to Fundamental Rights. (2) Under Article 226, a High Court can issue writs for the protection of other legal rights as well. (3) The power of the High Court under Article 226 is considered wider in scope than that under Article 32.
Correct Answer:
C
— 1, 2 and 3
Explanation:
Article 226 empowers High Courts to issue writs not only for the enforcement of Fundamental Rights but also for the protection of other legal rights. Therefore, its scope is considered broader than that of Article 32. However, Article 32 itself is a Fundamental Right, whereas Article 226 is not. Hence, all three statements are correct.
Question 88: Which of the following pairs are correctly matched? (1) Article 136 – Special Leave Petition [SLP] (2) Article 143 – Advisory Jurisdiction of the Supreme Court
Correct Answer:
A
— Both 1 and 2
Explanation:
Article 136 empowers the Supreme Court to grant Special Leave to Appeal against judgments, decrees, determinations, sentences, or orders passed by any court or tribunal in India (except those related to the Armed Forces in certain cases). Article 143 enables the President of India to seek the advisory opinion of the Supreme Court on questions of law or fact of public importance. Therefore, both pairs are correctly matched.
Question 89: Which of the following statements is/are correct? (1) Article 32 is itself a Fundamental Right. (2) Under Article 32, only the Supreme Court has the power to issue writs. (3) Dr. B. R. Ambedkar described Article 32 as the "heart and soul" of the Constitution.
Correct Answer:
C
— Only 1 and 3
Explanation:
Article 32 provides the Right to Constitutional Remedies for the enforcement of Fundamental Rights and is itself a Fundamental Right. Dr. B. R. Ambedkar described it as the "heart and soul" of the Constitution. Statement 2 is incorrect because High Courts can also issue writs under Article 226. Therefore, only statements 1 and 3 are correct.
Question 90: Which of the following statements is/are correct? (1) The Supreme Court being a Court of Record empowers it to punish for its own contempt. (2) The law declared by the Supreme Court is binding on all courts within India.
Correct Answer:
C
— Both 1 and 2
Explanation:
According to Article 129, the Supreme Court is a Court of Record and has the power to punish for its own contempt. Under Article 141, the law declared by the Supreme Court is binding on all courts within India. Therefore, both statements are correct.
Question 91: Which writ is issued by a superior court to quash the order or proceedings of a subordinate court, tribunal, or quasi-judicial authority acting without or in excess of jurisdiction?
Correct Answer:
A
— Certiorari
Explanation:
The writ of Certiorari is issued by the High Court or the Supreme Court to call for the records or proceedings of a subordinate court or tribunal and quash them in cases involving excess of jurisdiction, legal error, or violation of the principles of natural justice. While the writ of Prohibition prevents proceedings from continuing, Certiorari can quash an order that has already been passed.
Question 92: Which of the following statements is/are correct? (1) Under Public Interest Litigation, a person other than the affected individual may also file a petition. (2) The objective of Public Interest Litigation is to make access to justice easier.
Correct Answer:
C
— Both 1 and 2
Explanation:
Public Interest Litigation has liberalized the traditional doctrine of locus standi. Any public-spirited individual, organization, or group may approach the court on behalf of weaker, disadvantaged, or aggrieved sections of society. Its fundamental objective is to expand access to justice and promote social justice. Therefore, both statements are correct.
Question 93: Which of the following relates to the power of superintendence of the High Court?
Correct Answer:
B
— Article 227
Explanation:
Article 227 empowers the High Court with the power of superintendence over all subordinate courts and tribunals within its territorial jurisdiction. This power may be both administrative and judicial in nature. Its purpose is to ensure the smooth functioning of the subordinate judiciary and the maintenance of judicial standards.
Question 94: Which of the following cases is associated with the establishment of the Basic Structure Doctrine?
Correct Answer:
D
— Kesavananda Bharati Case
Explanation:
In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court propounded the Basic Structure Doctrine. The Court held that Parliament may amend the Constitution but cannot destroy its basic structure. Subsequent cases such as Minerva Mills and Waman Rao further strengthened this doctrine. It is regarded as the most important decision in Indian constitutional law.
Question 95: Which of the following statements regarding Judicial Review is correct?
Correct Answer:
A
— Courts can declare unconstitutional laws invalid.
Explanation:
Judicial Review is the power through which courts examine the constitutional validity of legislative and executive actions. If a law is found to be inconsistent with constitutional provisions, particularly Fundamental Rights or the Basic Structure of the Constitution, the court may declare it unconstitutional. In India, this power is a major manifestation of the supremacy of the Constitution.
Question 96: Which of the following does not fall within the original jurisdiction of the Supreme Court [Article 131]?
Correct Answer:
C
— Complaint by a citizen regarding the violation of Fundamental Rights
Explanation:
Under Article 131, the original jurisdiction of the Supreme Court is confined to disputes of a federal nature. Complaints by citizens regarding the violation of Fundamental Rights are brought under Article 32 and not under Article 131.
Question 97: Who appoints District Judges?
Correct Answer:
B
— Governor
Explanation:
Under Article 233, appointments of District Judges are made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to that State. Consultation with the High Court is mandatory and plays a significant role in ensuring the independence of the subordinate judiciary.
Question 98: Which of the following statements regarding the writ jurisdiction of High Courts is correct?
Correct Answer:
D
— High Courts can issue writs for the protection of both Fundamental Rights and other legal rights.
Explanation:
Under Article 226, High Courts may issue writs not only for the enforcement of Fundamental Rights but also for the protection of other legal rights. Therefore, in terms of subject matter, their writ jurisdiction is broader than the writ jurisdiction of the Supreme Court under Article 32.
Question 99: Who has the power to determine the number of Judges of the Supreme Court by law?
Correct Answer:
A
— Parliament
Explanation:
Article 124 provides for the establishment of the Supreme Court. The number of judges is determined by Parliament through legislation and may be increased or decreased from time to time by law.
Question 100: Which Article grants the Supreme Court the status of a Court of Record?
Correct Answer:
A
— Article 129
Explanation:
Article 129 declares the Supreme Court to be a Court of Record. As a Court of Record, its records and judicial proceedings have evidentiary value and cannot be questioned when produced before any court. It also possesses the power to punish for contempt of itself. Similarly, High Courts enjoy this status under Article 215.
Question 101: Which of the following statements regarding Judicial Activism is correct?
Correct Answer:
A
— An active role played by the judiciary in protecting constitutional values
Explanation:
Judicial Activism refers to a judicial approach in which courts play a relatively active role in protecting the Constitution, Fundamental Rights, good governance, and public interest. Public Interest Litigation, environmental protection, prison reforms, and administrative accountability are prominent examples. However, debates have periodically arisen regarding the distinction between Judicial Activism and Judicial Overreach.
Question 102: Who among the following is especially credited with the development of Public Interest Litigation in India?
Correct Answer:
B
— Justice P. N. Bhagwati
Explanation:
Justice P. N. Bhagwati, along with Justice V. R. Krishna Iyer, played a significant role in the development and expansion of the concept of Public Interest Litigation in India. By liberalizing the traditional doctrine of locus standi, they sought to open the doors of the courts to weaker sections of society. PIL has since become an important instrument of judicial activism in India.
Question 103: Which of the following pairs is correctly matched? (1) Mandamus – Direction to a public authority to perform a duty (2) Prohibition – Order restraining a subordinate court from continuing proceedings
Correct Answer:
C
— Both 1 and 2
Explanation:
The writ of Mandamus is issued to a public authority, body, or official to perform a statutory duty. The writ of Prohibition is issued by the High Court or Supreme Court to prevent a subordinate court or tribunal from exceeding its jurisdiction. Both statements are correct.
Question 104: Judicial Review means—
Correct Answer:
A
— Examination by courts of the constitutional validity of legislative and executive actions
Explanation:
Judicial Review is the power through which courts examine the constitutional validity of laws, actions, and orders of the legislature and executive. If a law is found inconsistent with the Constitution, it may be declared unconstitutional. In India, Judicial Review is based on the supremacy of the Constitution, protection of Fundamental Rights, and the federal system. It is also considered part of the Basic Structure of the Constitution.
Question 105: Under which Article of the Constitution can the President seek the opinion of the Supreme Court?
Correct Answer:
D
— Article 143
Explanation:
Article 143 empowers the President to seek the opinion of the Supreme Court on any question of law or matter of public importance. This is known as the advisory jurisdiction of the Supreme Court. The opinion rendered by the Court is generally not binding, although it carries considerable authority. It is a distinctive feature of the Indian Constitution.
Question 106: A motion for the removal of a Supreme Court Judge must be passed by a special majority of whom?
Correct Answer:
B
— Both Houses of Parliament
Explanation:
Under Article 124(4), a Judge of the Supreme Court may be removed on the grounds of proved misbehaviour or incapacity. The motion must be passed by each House of Parliament separately by: A majority of the total membership of that House, and a majority of not less than two-thirds of the members present and voting. After such address is presented, the President issues the order of removal.
Question 107: Which of the following statements regarding High Courts is correct?
Correct Answer:
C
— A single High Court may serve more than one State or a State and a Union Territory.
Explanation:
The Constitution empowers Parliament to establish a common High Court for two or more States or for States and Union Territories. For example, the Punjab and Haryana High Court serves both States as well as the Union Territory of Chandigarh. High Court Judges are appointed by the President. This question is based on a fundamental understanding of the judicial structure.
Question 108: Which of the following writs is issued to protect personal liberty against unlawful detention?
Correct Answer:
A
— Habeas Corpus
Explanation:
Habeas Corpus is regarded as the most effective constitutional remedy for protecting personal liberty. If a person is unlawfully detained, the court directs the concerned authority to produce the individual before it. This writ may be issued under both Article 32 and Article 226. It is considered a vital safeguard of civil liberties.
Question 109: Under which Article of the Constitution does the Supreme Court have the power to entertain a Special Leave Petition [SLP]?
Correct Answer:
D
— Article 136
Explanation:
Article 136 confers upon the Supreme Court the discretionary power to grant Special Leave to Appeal against any judgment, decree, determination, sentence, or order passed by any court or tribunal in India (except military tribunals). This is one of the widest and most distinctive powers of the Supreme Court.
Question 110: Which of the following statements regarding the appellate jurisdiction of the Supreme Court is correct?
Correct Answer:
B
— The Supreme Court can hear appeals in constitutional, civil, and criminal matters.
Explanation:
The appellate jurisdiction of the Supreme Court is provided under Articles 132, 133, and 134 of the Constitution. Appeals may be filed in constitutional, civil, and criminal matters, subject to the conditions prescribed by the Constitution or law. In addition, under Article 136, the Supreme Court may exercise wide appellate jurisdiction through Special Leave Petitions.
Question 111: Which of the following cases propounded the Basic Structure Doctrine in India?
Correct Answer:
D
— Kesavananda Bharati Case
Explanation:
In the 1973 case of Kesavananda Bharati v. State of Kerala, the Supreme Court propounded the Basic Structure Doctrine. The Court held that Parliament has the power to amend the Constitution, but it cannot alter or destroy its basic structure. This is regarded as a landmark judgment in Indian constitutional history.
Question 112: What is the primary objective of Public Interest Litigation [PIL]?
Correct Answer:
A
— To provide access to justice for weaker and disadvantaged sections of society
Explanation:
Public Interest Litigation (PIL) is an important judicial innovation developed by the Indian judiciary with the objective of providing access to justice for weaker, disadvantaged, and marginalized sections of society. During the 1980s, Justice V. R. Krishna Iyer and Justice P. N. Bhagwati played a significant role in its development by liberalizing the traditional doctrine of locus standi. PIL has contributed substantially in areas such as environmental protection, human rights, prison reforms, and administrative accountability.
Question 113: Who exercises administrative control over subordinate courts?
Correct Answer:
B
— Concerned High Court
Explanation:
Article 235 of the Constitution vests control over subordinate courts in the concerned High Court. This includes posting, promotion, disciplinary control, and related matters. The provision is crucial for ensuring judicial independence. The Governor's role is limited to certain appointment-related matters, while actual control remains with the High Court.
Question 114: Which of the following is NOT a constitutional principle underlying Judicial Review in India?
Correct Answer:
C
— Parliamentary Sovereignty in the British sense
Explanation:
Judicial Review in India is based on the supremacy of the Constitution, the Rule of Law, and the protection of Fundamental Rights. Unlike the United Kingdom, India has not adopted the doctrine of Parliamentary Supremacy. In the Indian constitutional framework, the Constitution is supreme, and courts can invalidate laws that violate constitutional provisions. Therefore, Parliamentary Supremacy is not considered a basis of Judicial Review. This question relates to the comparative study of Indian and British constitutional systems.
Question 115: What is the retirement age of a High Court Judge?
Correct Answer:
B
— 62 years
Explanation:
According to the Constitution, a High Court Judge holds office until the age of 62 years, whereas the retirement age of a Supreme Court Judge is 65 years.
Question 116: Which of the following writs is issued to require a person to prove the legality of his claim to a public office?
Correct Answer:
A
— Quo Warranto
Explanation:
The purpose of the writ of Quo Warranto is to determine whether a person has been lawfully appointed to a public office. If the appointment is not in accordance with legal provisions, the court may direct the person to vacate the office. Mandamus directs a public authority to perform its duty, Prohibition restrains a subordinate court from continuing proceedings, and Habeas Corpus protects against unlawful detention.
Question 117: Under which Article of the Constitution does a High Court have the power to issue writs?
Correct Answer:
B
— Article 226
Explanation:
Article 226 empowers High Courts to issue writs. This power is not limited to the enforcement of Fundamental Rights but also extends to the protection of other legal rights. In contrast, under Article 32, the Supreme Court issues writs only for the enforcement of Fundamental Rights. Therefore, the writ jurisdiction of High Courts is considered broader in many respects.
Question 118: Who appoints the Chief Justice of India?
Correct Answer:
D
— President
Explanation:
Under Article 124, the Chief Justice of India is appointed by the President. By convention, the senior-most judge of the Supreme Court considered fit for the office is appointed as the Chief Justice of India. This convention, known as the seniority convention, is intended to preserve judicial independence and institutional continuity.
Question 119: Which of the following falls within the original jurisdiction of the Supreme Court under Article 131?
Correct Answer:
C
— Disputes involving questions of legal rights between the Union and one or more States
Explanation:
Under Article 131, the Supreme Court has exclusive original jurisdiction in disputes between the Union and States or among States involving questions of legal rights. Not every dispute between States falls under Article 131, as Parliament may exclude certain matters such as inter-State river water disputes under Article 262.
Question 120: Under which Article was the Supreme Court of India established?
Correct Answer:
A
— Article 124
Explanation:
Article 124 of the Constitution of India deals with the establishment and composition of the Supreme Court. It provides for a Supreme Court of India consisting of the Chief Justice of India and other judges. Article 131 relates to the original jurisdiction of the Supreme Court, Article 136 deals with Special Leave Petitions, and Article 143 concerns the advisory jurisdiction of the President.
Question 121: Assertion (A): Judicial Independence is essential for the effectiveness of Judicial Review. Reason (R): Only an independent judiciary can impartially review unconstitutional legislative and executive actions.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:
Judicial Independence is one of the fundamental features of Indian constitutional democracy. If the judiciary is not independent, it cannot impartially review unconstitutional legislative or executive actions. The effectiveness of Judicial Review directly depends upon judicial independence. Therefore, the Reason correctly explains the Assertion, and Option A is correct.
Question 122: Assertion (A): The expansion of Public Interest Litigation and Judicial Activism has, at times, given rise to the debate on Judicial Overreach. Reason (R): Courts have issued significant directions in numerous cases relating to environmental protection, prison reforms, and human rights.
Correct Answer:
B
— Both A and R are correct, but R is not the correct explanation of A.
Explanation:
Due to the expansion of Public Interest Litigation and Judicial Activism, the judiciary has intervened in several areas relating to administration, environment, human rights, prison reforms, and good governance. This expanded role has sometimes led to debates on Judicial Overreach. On the other hand, courts have indeed issued important directions in matters concerning environmental protection, prison reforms, and human rights; therefore, Reason (R) is also correct. However, the Reason merely provides examples of Judicial Activism and does not explain why the debate on Judicial Overreach arose. Hence, Reason (R) is not the correct explanation of Assertion (A), and Option B is correct.
Question 123: Assertion (A): A Special Leave Petition is an extraordinary constitutional remedy in the Indian judicial system. Reason (R): Article 136 confers wide discretionary appellate powers upon the Supreme Court.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:
Article 136 grants the Supreme Court wide discretionary powers on the basis of which it may entertain a Special Leave Petition. This is an extraordinary constitutional remedy distinct from ordinary appellate jurisdiction. The Reason provides the direct constitutional basis for the Assertion.
Question 124: Assertion (A): Judicial Review is confined only to laws enacted by Parliament. Reason (R): Courts may also review the constitutional validity of executive actions.
Correct Answer:
D
— A is incorrect, but R is correct.
Explanation:
Judicial Review is not limited to legislative actions alone; courts also examine the constitutional validity of executive actions. This is why Judicial Review is regarded as an important mechanism of constitutional governance. Therefore, the Assertion is incorrect and the Reason is correct.
Question 125: Assertion (A): The writ jurisdiction of the High Courts is wider than the writ jurisdiction of the Supreme Court under Article 32. Reason (R): High Courts may issue writs not only for the enforcement of Fundamental Rights but also for the protection of other legal rights.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:
Under Article 226, High Courts possess the power to issue writs not only for the enforcement of Fundamental Rights but also for the protection of other legal rights. In contrast, under Article 32, the Supreme Court primarily issues writs for the enforcement of Fundamental Rights. Therefore, the writ jurisdiction of the High Courts is considered broader. Hence, both Assertion (A) and Reason (R) are correct, and Reason (R) correctly explains Assertion (A).
Question 126: Assertion (A): All observations made by the Supreme Court are binding under Article 141. Reason (R): Article 141 makes the law declared by the Supreme Court binding on all courts.
Correct Answer:
D
— A is incorrect, but R is correct.
Explanation:
According to Article 141, the law declared by the Supreme Court is binding on all courts in India. Therefore, Reason (R) is correct. However, not every observation in a Supreme Court judgment is binding. Only the underlying legal principle forming the basis of the decision is binding, whereas general remarks or obiter dicta are not considered binding. Hence, Assertion (A) is incorrect.
Question 127: Assertion (A): The objective of Judicial Activism is to make constitutional governance more effective. Reason (R): In numerous cases, courts have strengthened the protection of rights through an expansive interpretation of Fundamental Rights.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:
Judicial Activism seeks to make constitutional values, Fundamental Rights, and good governance more effective. Courts have strengthened rights protection through expansive interpretations of various Fundamental Rights, including Article 21, and through Public Interest Litigation. This is a significant example of Judicial Activism. Therefore, Reason (R) correctly explains Assertion (A).
Question 128: Assertion (A): Control over the subordinate judiciary rests entirely with the State Legislature. Reason (R): Article 235 vests control over subordinate courts in the High Court.
Correct Answer:
D
— A is incorrect, but R is correct.
Explanation:
The subordinate judiciary is not under the control of the State Legislature. Article 235 vests control over subordinate courts in the High Court, which is an important safeguard for judicial independence. Therefore, the Assertion is incorrect, while the Reason is correct.
Question 129: Assertion (A): The advisory opinion of the Supreme Court is binding in all circumstances. Reason (R): Article 143 permits the President to seek the opinion of the Supreme Court.
Correct Answer:
D
— A is incorrect, but R is correct.
Explanation:
Under Article 143 of the Indian Constitution, the President may seek the opinion of the Supreme Court on questions of law or public importance. Therefore, Reason (R) is correct. However, the advisory opinion rendered by the Supreme Court is generally not legally binding on the President. Hence, Assertion (A) is incorrect.
Question 130: Assertion (A): Public Interest Litigation (PIL) has expanded the reach of the judiciary into the sphere of social justice. Reason (R): In certain cases, courts have accepted letters and newspaper reports as petitions in PIL proceedings.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:
Public Interest Litigation liberalized the traditional rules of locus standi, enabling third parties to approach courts on behalf of the poor, labourers, prisoners, and other disadvantaged groups. To further this objective, courts in some cases accepted letters and newspaper reports as petitions, a practice known as epistolary jurisdiction. This innovation broadened access to justice and strengthened social justice. Therefore, Reason (R) correctly explains Assertion (A).
Question 131: Assertion (A): Judicial Review is considered a part of the Basic Structure of the Constitution. Reason (R): In the absence of Judicial Review, the supremacy of the Constitution and the concept of limited government may be weakened.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:
In various judgments, including the Kesavananda Bharati Case, the Minerva Mills Case, and the L. Chandra Kumar Case, Judicial Review has been recognized as an integral part of the Basic Structure of the Constitution. If courts lacked the power to invalidate unconstitutional actions, constitutional supremacy would remain merely theoretical. Therefore, the Reason correctly explains the Assertion.
Question 132: Assertion (A): The Indian Constitution confers advisory jurisdiction upon the High Courts. Reason (R): Under Article 143, the President may seek advice only from the Supreme Court.
Correct Answer:
D
— A is incorrect, but R is correct.
Explanation:
The Indian Constitution does not confer any advisory jurisdiction upon the High Courts. Under Article 143, the President may seek the opinion of only the Supreme Court on questions of public importance or law. Therefore, Assertion (A) is incorrect, while Reason (R) is correct.
Question 133: Assertion (A): Writs issued by the Supreme Court under Article 32 relate only to the enforcement of Fundamental Rights. Reason (R): Under Article 32, writs may also be issued for the protection of other legal rights, similar to the powers of the High Courts.
Correct Answer:
C
— A is correct, but R is incorrect.
Explanation:
Article 32 is intended for the enforcement of Fundamental Rights and is therefore known as the Right to Constitutional Remedies. In contrast, under Article 226, High Courts may issue writs not only for the enforcement of Fundamental Rights but also for the protection of other legal rights. Therefore, the Assertion is correct and the Reason is incorrect.
Question 134: Assertion (A): The Constitution does not prescribe any definite subject-matter limitation on the Supreme Court’s power to grant Special Leave Petitions. Reason (R): Under Article 136, the Supreme Court is bound to entertain appeals against every decision of any court or tribunal.
Correct Answer:
C
— A is correct, but R is incorrect.
Explanation:
Article 136 confers upon the Supreme Court a very wide discretionary appellate jurisdiction through Special Leave Petitions (SLPs). This extraordinary power is generally not confined by any specific subject-matter limitation. Therefore, Assertion (A) is correct. However, the grant of special leave is entirely within the discretion of the Supreme Court; the Court is not obligated to entertain every appeal against every decision. Hence, Reason (R) is incorrect, and Option C is correct.
Question 135: Assertion (A): The power of Judicial Review in the Indian Constitution is a principal instrument for ensuring the supremacy of the Constitution. Reason (R): Courts can declare legislative and executive actions unconstitutional and void.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:
The Constitution of India is the supreme law of the land, and Judicial Review is a key mechanism for maintaining its supremacy. Courts have the authority to invalidate legislative and executive actions that violate the Constitution. Provisions such as Articles 13, 32, and 226 provide the constitutional basis for this power. Therefore, Judicial Review effectively upholds constitutional supremacy. Hence, Reason (R) correctly explains Assertion (A), and Option A is correct.
Question 136: Assertion (A): Judicial independence is essential for the effective exercise of judicial review. Reason (R): If the judiciary is not independent, it may face difficulty in delivering impartial constitutional decisions against the legislature and the executive.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A
Explanation:
Judicial review can be effective only when the judiciary is independent and impartial. If the judiciary is influenced by other organs of government, an impartial review of unconstitutional laws or executive actions would not be possible. The reason directly explains the Assertion. Judicial independence is regarded as a fundamental pillar of India’s constitutional governance.
Question 137: Assertion (A): Public Interest Litigation sometimes gives rise to the debate on judicial overreach. Reason (R): Courts occasionally intervene in matters relating to administrative policy.
Correct Answer:
B
— Both A and R are correct, but R is not the correct explanation of A
Explanation:
Both Assertions are correct. Judicial intervention in matters of administrative policy may be one reason behind the debate on judicial overreach. However, the debate also involves broader issues such as separation of powers, institutional balance, limits of judicial activism, and constitutional accountability. Therefore, the reason does not fully explain the Assertion. Hence, Option B is correct.
Question 138: Assertion (A): A Special Leave Petition [SLP] is an extraordinary discretionary power of the Supreme Court. Reason (R): Under Article 136, the Supreme Court may entertain cases even beyond the ordinary appellate limitations.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A
Explanation:
Article 136 confers a very wide discretionary power upon the Supreme Court. Through a Special Leave Petition, it may review decisions of various courts and tribunals. The reason provides the constitutional basis of the Assertion.
Question 139: Assertion (A): Judicial review is confined only to laws enacted by Parliament. Reason (R): Courts can also review the constitutional validity of executive actions.
Correct Answer:
D
— A is incorrect, but R is correct
Explanation:
Judicial review is not limited to legislative actions alone; executive actions may also be subjected to constitutional scrutiny. Therefore, the Assertion is incorrect, while the reason is correct. This reflects the broader scope of judicial review.
Question 140: Assertion (A): The High Court enjoys advisory jurisdiction under the Constitution similar to that of the Supreme Court. Reason (R): Article 143 relates exclusively to the Supreme Court.
Correct Answer:
D
— A is incorrect, but R is correct.
Explanation:
The Constitution of India does not confer advisory jurisdiction upon the High Courts. Advisory jurisdiction is provided only to the Supreme Court under Article 143, under which the President may seek the opinion of the Supreme Court on a question of law or public importance. Therefore, Assertion (A) is incorrect, whereas Reason (R) is correct.
Question 141: Assertion (A): The law declared by the Supreme Court is binding on all courts under Article 141. Reason (R): The legal principles laid down in Supreme Court judgments are followed by subordinate courts.
Correct Answer:
B
— Both A and R are correct, but R is not the correct explanation of A
Explanation:
Under Article 141, the law declared by the Supreme Court is binding on all courts in India. The reason is also correct because subordinate courts follow the legal principles laid down by the Supreme Court. However, such adherence occurs because of Article 141 itself; the reason merely states the practical consequence of that binding force and not its constitutional basis. Therefore, R does not correctly explain A, and Option B is correct.
Question 142: Assertion (A): The objective of judicial activism is not merely to criticize the legislature. Reason (R): The primary goal of judicial activism is to ensure the effective protection of constitutional values and rights.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A
Explanation:
The objective of judicial activism is to ensure constitutional governance, protection of rights, and administrative accountability. It is not confined merely to criticizing other organs of government. The reason clarifies the true purpose of judicial activism and correctly explains the Assertion.
Question 143: Assertion (A): The High Court has no role in the appointment and control of the subordinate judiciary. Reason (R): The High Court plays an important role in the appointment of District Judges and in judicial administration.
Correct Answer:
D
— A is incorrect, but R is correct
Explanation:
According to the provisions contained in Articles 233 to 235, the High Court plays an important role in the organization and control of the subordinate judiciary. Therefore, the Assertion is incorrect, whereas the reason is correct. This arrangement has been made to safeguard judicial independence.
Question 144: Assertion (A): The advisory opinion of the Supreme Court is legally binding on the President. Reason (R): Article 143 permits the President to seek the opinion of the Supreme Court.
Correct Answer:
D
— A is incorrect, but R is correct.
Explanation:
Under Article 143 of the Indian Constitution, the President may seek the opinion of the Supreme Court on a question of law or public importance. Therefore, Reason (R) is correct. However, the advisory opinion rendered by the Supreme Court is generally not legally binding on the President; the President is free to accept or reject it.
Question 145: Assertion (A): Public Interest Litigation (PIL) has contributed to the democratization of access to justice. Reason (R): Through Public Interest Litigation, the courts relaxed the traditional rule of locus standi.
Correct Answer:
B
— Both A and R are correct, but R is not the correct explanation of A
Explanation:
Both Assertions are correct. The relaxation of the rule of locus standi is an important aspect of the development of Public Interest Litigation. However, the democratization of access to justice has also been facilitated by other factors such as judicial activism, epistolary jurisdiction, a social justice-oriented approach, and procedural liberalism. Therefore, the reason does not fully explain the Assertion. Hence, Option B is correct.
Question 146: Assertion (A): Judicial review is regarded as a part of the Basic Structure of the Constitution. Reason (R): If judicial review were abolished, the supremacy of the Constitution and the concept of limited government would be adversely affected.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A
Explanation:
In Kesavananda Bharati and several subsequent judgments, judicial review has been recognized as a part of the Basic Structure of the Constitution. This is because, without judicial review, the supremacy of the Constitution, limited government, and the rule of law cannot be effectively protected. Therefore, the reason appropriately explains the Assertion.
Question 147: Assertion (A): High Courts do not possess any constitutional power of superintendence over subordinate courts. Reason (R): Article 227 empowers the High Court to exercise superintendence over subordinate courts and tribunals.
Correct Answer:
D
— A is incorrect, but R is correct
Explanation:
The Assertion is clearly incorrect. Article 227 empowers the High Court to exercise superintendence and supervisory jurisdiction over subordinate courts and tribunals within its territorial jurisdiction. This is an important constitutional mechanism of judicial administration. Therefore, since the reason is correct and the Assertion is incorrect, Option D is correct.
Question 148: Assertion (A): The writ jurisdiction of the Supreme Court under Article 32 is limited to Fundamental Rights. Reason (R): Under Article 32, the Supreme Court can also issue writs for the enforcement of all other statutory rights.
Correct Answer:
C
— A is correct, but R is incorrect
Explanation:
The Assertion is correct because Article 32 is primarily meant for the enforcement of Fundamental Rights. The reason is incorrect because the broader writ jurisdiction for other statutory rights is vested in the High Courts under Article 226. This is a significant distinction between Articles 32 and 226.
Question 149: Assertion (A): The original jurisdiction of the Supreme Court extends to certain disputes relating to the federal structure. Reason (R): Certain specific disputes between the Union and the States can be brought directly before the Supreme Court under Article 131.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A
Explanation:
Article 131 of the Indian Constitution grants original jurisdiction to the Supreme Court in certain federal disputes. Under this provision, specific disputes arising between the Union and one or more States, or among States, may be brought directly before the Supreme Court. This arrangement forms the basis of the federal nature of the original jurisdiction referred to in Assertion (A). Hence, Reason (R) correctly explains Assertion (A), and Option A is correct.
Question 150: Assertion (A): The power of judicial review in the Indian Constitution has evolved on both explicit and implied constitutional foundations. Reason (R): Articles 13, 32, 131–136, 226, and 227 provide the constitutional foundation for judicial review.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A
Explanation:
Judicial review is not mentioned in any single separate article of the Indian Constitution; rather, it has evolved through various constitutional provisions. Article 13 provides the basis for declaring unconstitutional laws void, while Articles 32 and 226 empower courts to issue writs. Articles 131–136 and 227 further strengthen the constitutional role and jurisdiction of the judiciary. Therefore, the reason correctly explains the Assertion.
Question 151: Assertion (A): A High Court exercises superintendence over subordinate courts within its jurisdiction. Reason (R): A High Court possesses the power to issue writs.
Correct Answer:
B
— Both A and R are correct, but R is not the correct explanation of A.
Explanation:
Under Article 227, a High Court has the power of superintendence over all courts and tribunals within its territorial jurisdiction. Under Article 226, it also possesses the power to issue writs. Both Assertions are correct; however, writ jurisdiction and the power of superintendence are distinct constitutional powers. Therefore, the reason does not correctly explain the Assertion.
Question 152: Assertion (A): Judicial review is the mechanism through which constitutional supremacy is practically enforced. Reason (R): If a law is inconsistent with the Constitution, courts may declare it invalid.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:
Constitutional supremacy can be effective only when courts possess the authority to invalidate laws that violate the Constitution. This is the essence of judicial review. The reason directly explains the Assertion.
Question 153: Assertion (A): Public Interest Litigation has liberalized the traditional concept of locus standi. Reason (R): The Supreme Court possesses the power of review under Article 137.
Correct Answer:
B
— Both A and R are correct, but R is not the correct explanation of A.
Explanation:
Public Interest Litigation has liberalized the traditional concept of locus standi; therefore, the Assertion is correct. Article 137 empowers the Supreme Court to review its own judgments, making the reason correct as well. However, the power of review has no direct connection with the liberalization of locus standi through PIL.
Question 154: Assertion (A): All decisions of the Supreme Court automatically have the same effect as a constitutional amendment. Reason (R): The Supreme Court interprets the Constitution; it does not amend it.
Correct Answer:
D
— A is incorrect, but R is correct.
Explanation:
The Supreme Court interprets the Constitution, but its judgments do not amount to constitutional amendments. Constitutional amendments follow a separate constitutional procedure. Therefore, the Assertion is incorrect and the reason is correct.
Question 155: Assertion (A): High Courts possess advisory jurisdiction under the Constitution. Reason (R): Advisory jurisdiction is a constitutional arrangement applicable only to the Supreme Court.
Correct Answer:
D
— A is incorrect, but R is correct.
Explanation:
The Constitution of India does not confer advisory jurisdiction upon the High Courts. Advisory jurisdiction is provided only for the Supreme Court, under which the President may seek its opinion on questions of law or public importance under Article 143. Therefore, Assertion (A) is incorrect, whereas Reason (R) is correct.
Question 156: Assertion (A): The Supreme Court can hear an appeal against the decision of any court or tribunal through a Special Leave Petition (SLP). Reason (R): Article 136 grants the Supreme Court wide discretionary appellate powers.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:
Under Article 136, the Supreme Court enjoys wide discretionary powers to grant Special Leave to Appeal. Through this mechanism, it may hear appeals against decisions of any court or tribunal in India (except military tribunals). Therefore, the reason correctly explains the Assertion.
Question 157: Assertion (A): The development of judicial activism is primarily associated with the judiciary’s constitutional interpretative role. Reason (R): The Supreme Court is the highest appellate court in India.
Correct Answer:
B
— Both A and R are correct, but R is not the correct explanation of A.
Explanation:
The development of judicial activism is linked to the proactive constitutional interpretation undertaken by the judiciary; therefore, the Assertion is correct. The Supreme Court is the highest appellate court in the country; hence, the reason is also correct. However, its status as the highest appellate court is not the direct cause of the development of judicial activism. Therefore, the correct answer is (B).
Question 158: Assertion (A): Administrative control over subordinate courts is exercised by Parliament. Reason (R): The High Court plays a significant role in matters relating to the appointment of District Judges and the control of the subordinate judiciary.
Correct Answer:
D
— A is incorrect, but R is correct.
Explanation:
Subordinate courts are not under the administrative control of Parliament. Articles 233 to 237 contain provisions relating to the subordinate judiciary, and the High Court enjoys important powers of control and supervision over subordinate courts. Therefore, the Assertion is incorrect while the reason is correct.
Question 159: Assertion (A): The objective of Public Interest Litigation (PIL) is only to resolve private disputes. Reason (R): Through Public Interest Litigation, the interests of socially disadvantaged sections can be protected.
Correct Answer:
D
— A is incorrect, but R is correct.
Explanation:
The purpose of Public Interest Litigation is not merely to resolve private disputes but to protect broader public interests. Through PIL, the rights and interests of weaker, disadvantaged, and marginalized sections of society can be safeguarded. Therefore, Assertion (A) is incorrect, whereas Reason (R) is correct.
Question 160: Assertion (A): Judicial review establishes constitutional control over the powers of the Legislature and the Executive. Reason (R): Courts can declare laws and executive actions invalid if they are found to be contrary to the Constitution.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:
The primary objective of judicial review is to uphold the supremacy of the Constitution. Courts can invalidate laws and executive actions that are inconsistent with the Constitution. This power establishes constitutional control over the Legislature and the Executive. Therefore, the reason correctly explains the Assertion. Judicial review is one of the fundamental constitutional features of Indian democracy.
Question 161: Assertion (A): The writ jurisdiction of the High Courts is broader than that of the Supreme Court. Reason (R): High Court judges are appointed by the President.
Correct Answer:
B
— Both A and R are correct, but R is not the correct explanation of A.
Explanation:
Under Article 226, High Courts may issue writs not only for the enforcement of Fundamental Rights but also for the protection of other legal rights; therefore, their writ jurisdiction is broader. High Court judges are appointed by the President, making the reason correct as well. However, the appointment process has no direct connection with the wider scope of writ jurisdiction. Hence, the correct answer is (B).
Question 162: Assertion (A): Judges of the High Courts are independently appointed by the Governor. Reason (R): Judges of the High Courts are appointed by the President in accordance with the constitutionally prescribed consultative process.
Correct Answer:
D
— A is incorrect, but R is correct.
Explanation:
According to Article 217, High Court judges are appointed by the President. The process involves consultation with the Chief Justice of India, the Chief Justice of the concerned High Court, and the Governor of the concerned State. Therefore, the Assertion is incorrect and the reason is correct.
Question 163: Assertion (A): The Supreme Court can review its own judgments. Reason (R): The Constitution empowers the Supreme Court to hear appeals against its own judgments.
Correct Answer:
C
— A is correct, but R is incorrect.
Explanation:
Article 137 empowers the Supreme Court to review its own judgments; therefore, the Assertion is correct. The reason is incorrect because the Supreme Court does not hear appeals against its own judgments. It may only review its decisions through a review petition and, in highly limited circumstances, through a curative petition.
Question 164: Assertion (A): The advisory jurisdiction of the Supreme Court relates to questions referred to it by the President. Reason (R): The Supreme Court is a Court of Record.
Correct Answer:
B
— Both A and R are correct, but R is not the correct explanation of A.
Explanation:
Under Article 143, the President may refer questions of law or fact of public importance to the Supreme Court; therefore, the Assertion is correct. The Supreme Court is also a Court of Record under Article 129; hence, the reason is also correct. However, the status of a Court of Record is not the basis of its advisory jurisdiction. Therefore, the correct answer is (B).
Question 165: Assertion (A): The Supreme Court enjoys the status of a Court of Record. Reason (R): Its records and judgments are accepted as permanent evidence, and it possesses the power to punish for contempt of itself.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:
According to Article 129, the Supreme Court is a Court of Record. Being a Court of Record means that its judgments and records carry permanent evidentiary value, and it has the power to punish for its own contempt. Therefore, the reason directly provides the constitutional explanation of the Assertion. Similarly, High Courts are also Courts of Record under Article 215.
Question 166: Assertion (A): The decisions of the Supreme Court are binding on all courts in India. Reason (R): Under Article 141, the law declared by the Supreme Court is applicable to all courts in the country.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A
Explanation:
Both statements are correct. According to Article 141 of the Constitution, the law declared by the Supreme Court is binding on all courts in India. This constitutional provision forms the basis of the assertion. Therefore, the reason correctly explains the assertion, and option A is correct.
Question 167: Assertion (A): Under Judicial Activism, courts may intervene extensively in matters of public importance. Reason (R): The objective of Judicial Activism is to ensure the effective protection of constitutional values and rights.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A
Explanation:
Both statements are correct. Through Judicial Activism, courts have played an active role in matters such as environmental protection, prisoners’ rights, labour rights, and administrative accountability. Its primary objective is to ensure the effective protection of constitutional values, the rule of law, and fundamental rights. Therefore, the reason correctly explains the assertion, and option A is correct.
Question 168: Assertion (A): Subordinate Courts function directly under the control of Parliament. Reason (R): High Courts have the power of superintendence over Subordinate Courts.
Correct Answer:
D
— A is incorrect, but R is correct
Explanation:
The assertion is incorrect because Subordinate Courts do not function under the direct control of Parliament. The reason is correct because under Article 227, High Courts have the power of superintendence over Subordinate Courts and tribunals. To maintain judicial independence, the subordinate judiciary is kept separate from the direct control of the legislature.
Question 169: Assertion (A): A High Court can issue writs under Article 226. Reason (R): A High Court can issue writs only for the enforcement of Fundamental Rights.
Correct Answer:
C
— A is correct, but R is incorrect
Explanation:
The assertion is correct because Article 226 empowers High Courts to issue writs. The reason is incorrect because a High Court may issue writs not only for the enforcement of Fundamental Rights but also for the protection of other legal rights. This is why the scope of Article 226 is considered broader than that of Article 32.
Question 170: Assertion (A): Public Interest Litigation (PIL) has broadened access to justice. Reason (R): In a Public Interest Litigation, only a person whose rights have been directly affected can file a petition.
Correct Answer:
C
— A is correct, but R is incorrect
Explanation:
The assertion is correct because Public Interest Litigation (PIL) has provided an opportunity for the poor, disadvantaged, and vulnerable sections of society to approach the courts. The reason is incorrect because it is not necessary that the petitioner's rights must be directly affected in a PIL; any person may approach the court in the public interest. Therefore, option C is correct.
Question 171: Assertion (A): Judicial Review is regarded as a part of the Basic Structure of the Indian Constitution. Reason (R): The Supreme Court has recognized Judicial Review as a basic feature of the Constitution in various judgments.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A
Explanation:
Both statements are correct. Particularly in the Kesavananda Bharati Case and several subsequent judgments, Judicial Review has been recognized as an integral part of the Basic Structure of the Constitution. Without Judicial Review, the supremacy of the Constitution and the concept of limited government cannot be effectively maintained. The reason directly provides the basis for the assertion; therefore, option A is correct.
Question 172: Assertion (A): In India, the power to establish and abolish High Courts rests with the concerned State Legislature. Reason (R): Parliament may establish, reorganize, or abolish High Courts through legislation.
Correct Answer:
D
— A is incorrect, but R is correct
Explanation:
The assertion is incorrect because the power to establish or reorganize High Courts does not belong to the State Legislature but to Parliament. The reason is correct because Parliament may, through legislation, establish, reorganize, or alter the jurisdiction of High Courts. Provisions relating to High Courts are contained in Part VI of the Constitution.
Question 173: Assertion (A): Under Article 32, the Supreme Court can issue writs for the enforcement of Fundamental Rights. Reason (R): Article 32 deals only with examining the validity of constitutional amendments.
Correct Answer:
C
— A is correct, but R is incorrect
Explanation:
The assertion is completely correct. Article 32 has been described as the soul and heart of the Constitution. Under it, the Supreme Court can issue writs such as Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari. The reason is incorrect because the purpose of Article 32 is the enforcement of Fundamental Rights, not merely the examination of the validity of constitutional amendments. Judicial review of constitutional amendments falls within the broader scope of judicial review. Therefore, option C is correct.
Question 174: Assertion (A): The original jurisdiction of the Supreme Court extends to disputes between the Union and the States. Reason (R): All such disputes are heard by the Supreme Court only under its appellate jurisdiction.
Correct Answer:
C
— A is correct, but R is incorrect
Explanation:
The assertion is correct. Under Article 131 of the Constitution, the Supreme Court has original jurisdiction in certain disputes between the Union and the States or among States. The reason is incorrect because such disputes are heard under the original jurisdiction, not the appellate jurisdiction. Therefore, option C is correct.
Question 175: Assertion (A): The Supreme Court is regarded as the guardian of the Constitution. Reason (R): The Supreme Court has the power to invalidate laws that are inconsistent with the Constitution.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A
Explanation:
Both the assertion and the reason are correct. The Supreme Court is regarded as the guardian and final interpreter of the Constitution. Based on Articles 13, 32, 131–136, and the evolved constitutional doctrine of judicial review, it can invalidate laws and executive actions that are contrary to the Constitution. This power makes it the guardian of the Constitution; therefore, the reason correctly explains the assertion.