Correct Answer:
(D)
Both in India and U.S.A.
Exp: The judicial review is the doctrine under which the Legislative and the Executive actions are subject to review by the Judiciary. Article 13 of the Constitution of India provides for Judicial review. While the Parliament is the supreme body in the United Kingdom and law made by it cannot be challenged in Court.
Ques:
42
Under which Article of the Constitution the Courts have been prohibited from inquiring the proceedings of the Parliament?
Correct Answer:
(B)
Article 122
Under Article 122 of the Constitution, the Courts have been prohibited from inquiring into proceedings of the Parliament.
Ques:
43
A Constitution (Amendment) Act may be declared unconstitutional by the Supreme Court of India if it –
Correct Answer:
(B)
Removes Right of Equality before the law from Part III and places it elsewhere in the Constitution.
A Constitution (Amendment) Act may be declared unconstitutional by the Supreme Court of India if it removes the Right of Equality before the law from Part III and places it elsewhere in the Constitution because Article 13(2) states that the State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
Ques:
44
With reference to the constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?
Correct Answer:
(B)
The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
Article 142 - enforcement of decrees & orders of the supreme court and unless as to discovery etc. (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India such manner as 'may be prescribed by or under any law by parliament and until provision in that behalf is so made, in such manner as the president may by order prescribe.
Ques:
45
In India, the power of Judicial Review is enjoyed by?
Correct Answer:
(B)
The Supreme Court as well as High Courts
The doctrine of Judicial Review has been originated and developed in the USA. It was propounded for the first time in the famous case of Marbury v/s Madison (1803) by John Marshall, the then Chief Justice of the American Supreme Court. The Constitution of India confers the power of Judicial review to both the Supreme Court as well as High Courts. The Supreme Court has declared the power of Judicial Review as a basic structure of the Constitution.
Ques:
46
Judicial review in the Indian Constitution is based on –
Correct Answer:
(B)
Procedure established by Law
An independent Judiciary, having the power of ‘Judicial Review’ is a prominent feature of Indian Constitution. The Constitution of India establishes the doctrine of Judicial Review in the following Articles : 13, 32, 136, 137, 226 and 227. In India, the concept of Judicial review is based on the Procedure established by law.
Supreme Court
Ques:
47
The status of women in Indian Society was glorified by a Judgement of a Court in September, 2003. The Court is–
Correct Answer:
(A)
Supreme Court of India
On 23 September, 2003, Justice M.B. Shah of the Supreme Court of India glorified the status of women in Indian Society by an important Judgement. The Court held that the preference given to women for being appointed as a Principal of the Government College for Girls is not violative of Articles 14, 15 and 16 of the Constitution.
Ques:
48
Under which law is it prescribed that all proceedings in the Supreme Court of India shall be in English language?
Correct Answer:
(D)
Article 348 of the Constitution of India.
Article 348(1)(a) is related to the language to be used in Supreme Court and High Courts for Acts, Bills, etc. It says that “All proceedings in the Supreme Court and every High Court shall be in English language.
Ques:
49
In which of the following cases the Supreme Court observed that Central Bureau of Investigation is a ‘Caged Parrot’?
Correct Answer:
(D)
Coal Gate Scam Case
The Supreme Court has denounced the CBI as a “Caged Parrot” in the case of Coal Gate allocation scam.
Ques:
50
Public Interest Litigations was introduced by –
Correct Answer:
(C)
Judicial initiative
The concept of Public Interest Litigation (PIL) agrees with the principles enshrined in Article 39A of the Constitution of India to protect and deliver prompt Social Justice with the help of law. Before the 1980s, only the aggrieved party could approach the Courts for justice. After the Emergency era, the Supreme Court reached out to the people, devising a means for any person of the public (or an NGO) to approach the court seeking legal remedy in cases where the public interest is at stake. Justice P. N. Bhagwati and Justice V. R. Krishna Iyer were among the first Judges to admit PILs in court. PIL can be fi led both in High Courts and Supreme Court.