Correct Answer:
(D) 65 Years
The retirement age of the Judges of the Supreme Court is 65 years while the age of the retirement of the Judges of the High Courts is 62 years.
Ques: 2
"The age of a Judge of the Supreme Court of India shall be determined by such authority and in such manner as Parliament may by laws provide" inserted by
Correct Answer:
(A) 15th Constitution Amendment
The 15th Constitutional Amendment Act, 1963 says, "The age of Judge of the Supreme Court of India shall be determined by such authority and in such manner as Parliament may by law provide."16th Constitutional Amendment Act, 1963 (herein after the Bill) was informally referred to as the 'Anti-secession Bill' It was designed to prevent the local political leaders in different regions within India from using the electoral process to peacefully propagate secession from the union. The 17th Constitutional Amendment Act of 1964 deals with amendment to Article 31-A. The 18th Constitutional Amendment Act of 1966 amended Article 3 of the Constitution in Order to Clarify the "State" in clause (a) to (e) of that article.
Ques: 3
Salaries of the Judges of the Supreme Court are determined by –
Correct Answer:
(C) Parliament
According to Article 125(1) of the Constitution, there shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries are as specified in the Second Schedule.
Ques: 4
What is the provision to safeguard the autonomy of the Supreme Court of India?
While appointing the Judges of the Supreme Court, the President of India has to consult the Chief Justice of India.
The Judges of the Supreme Court can be removed by the Chief Justice of India only.
The salaries of the Judges are charged on the Consolidated Fund of India to which the Legislature does not have to vote.
All appointments of officers and staff s of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India?
Which of the statement(s) given above is/are correct?
Correct Answer:
(A) 1 and 3 only
The Supreme Court is considered as the guardian of the Constitution. The Judges of the Supreme Court can be removed by order of the President, which must be supported by a special majority of each House of the Parliament and not by Chief Justice of India. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India to safeguard the autonomy of the Supreme Court (as this provision curtails the absolute discretion of the Executive as well as ensures that the judicial appointments are not based on any political or practical considerations). The salaries of the Judges are charged on the Consolidated Fund of India. Hence statement 1 and 3 are correct. The Chief Justice of India can appoint officers and servants of the Supreme Court without any interference of the executive. He can also prescribe their condition of service.
Ques: 5
The Judges of the Supreme Court, after retirement, are permitted to carry on practice before –
Correct Answer:
(D) None of the Courts
According to Article 124(7) of the Constitution, no person who has held office as a Judge of the Supreme Court shall plead or act in any Court or before any authority within the territory of India. While Article 220 of the Constitution provisions that no person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any Court or before any authority in India except the Supreme Court and the other High Courts.
Ques: 6
Supreme Court in India was established-
Correct Answer:
(D) By the Indian Constitution
The Supreme Court of India was inaugurated on 28th January, 1950. It succeeded the Federal court of India established under the Government of India Act, 1935.
Ques: 7
Of the following statements, which one is not correct?
Correct Answer:
(C) Supreme Court can hear from any High Court/Tribunals except Court-martial.
Armed Forces Tribunal Act, 2007 provides that the Court Martial can be appealed in the Supreme Court.
Ques: 8
The power to increase the number of Judges in the Supreme Court of India is vested in –
Correct Answer:
(B) The Parliament
Article 124 of the Constitution provides for the formation of the Supreme Court. The power to increase the number of Judges in the Supreme Court of India is vested in the Parliament.
Ques: 9
A Judge of the Supreme Court may resign his office by writing a letter to –
Correct Answer:
(B) The President
According to Article 124 (2) (a) of the Indian Constitution, a Judge may, by writing under his hand addressed to the President, resign his office. Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal and shall hold office until he attains the age of sixty-five years.
Ques: 10
How can a Judge of the Supreme Court be removed?
Correct Answer:
(D) By the President on the recommendation of the Parliament
According to Article 124(4), a Judge of the Supreme Court cannot be removed from his office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity. A person who has been a Judge of the Supreme Court is debarred from practising in any court of Law or before any other authority in India.
Note : Impeachment word is used only to remove the President. The term impeachment is not used to remove a judge of a Supreme Court or a High Court. The word 'Remove' has been used in the constitution to remove them.
Supreme Court
Ques: 11
The Judges of Supreme Court of India are appointed by the President –
Correct Answer:
(D) In consultation with the Chief Justice of the Supreme Court
According to Article 124(2) of the Indian Constitution every Judge of the Supreme Court shall be appointed by the President after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose. However, in case of appointment of a Judge other than the chief justice, the chief justice of India shall always be consulted. Consultation with the Chief Justice of India was made obligatory by a decision made in 1993. In 1998, the Supreme Court made it clear that Chief Justice of India’s consultation means consultation of collegium which comprises Chief Justice of India and four other senior most Judges.
Ques: 12
Ad hoc Judges are appointed in the Supreme Court when–
Correct Answer:
(D) There is no quorum of the Judges available to hold or continue any session of the court.
Under Article 127(1) of the Constitution, at any time if there should not be a quorum of the Judges of the Supreme Court available to hold or continue any Session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.
Ques: 13
The power of the Supreme Court of India to decide disputes between the Centre and the State falls under its–
Correct Answer:
(C) Original jurisdiction
Article 131 of the Constitution of India deals with Original jurisdiction of the Supreme Court. According to this article Supreme Court shall, to the exclusion of any other Court, have original jurisdiction in any dispute–
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one side and one or more States on the other; or
(c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends. Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagements, and or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.
Ques: 14
Which of the following are included in the original jurisdiction of the Supreme Court?
A dispute between the Government of India and one or more States.
A dispute regarding elections to either House of the Parliament or that of Legislature of a state.
A dispute between the Government of India and a Union Territory.
A dispute between two or more States.
Select the correct answer using the codes given below:
Correct Answer:
(C) 1 and 4
Article 131 of the Constitution of India deals with Original jurisdiction of the Supreme Court. According to this article Supreme Court shall, to the exclusion of any other Court, have original jurisdiction in any dispute–
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one side and one or more States on the other; or
(c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends. Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagements, and or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.
Ques: 15
In which of the following cases, Supreme Court held that? “Fundamental Rights enable a man to chalk out his life in the manner he likes best “?
Correct Answer:
(B) Golaknath Vs. The State of Punjab
The Supreme Court held the above concept in the Case of Golaknath Vs. the State of Punjab.
Ques: 16
Identify the incorrect pair of Case and Ruling in that case by Supreme Court:
Correct Answer:
(D) Bella Banerjee Case- Right to travel abroad is a part of personal liberty.
Bella Banerjee Case is related to the West Bengal Land Development and Planning Act,1948. Right to travel abroad as a part of personal liberty was considered in the case of Maneka Gandhi (1978). The pair of option (d) is incorrect.
Ques: 17
The system of Judicial Review, is prevalent in
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: 18
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: 19
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: 20
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: 21
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: 22
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: 23
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: 24
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: 25
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: 26
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.
Ques: 27
‘Judicial Activism’ in India is related to –
Correct Answer:
(B) Public Interest Litigation
Judicial Activism in India is related to Public Interest Litigation. Judicial Activism in India started in mid 1970s, on the initiative of the Supreme Court.