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Q1Polity & Governance·JudiciaryPYQ 2024
A Writ of Prohibition is an order issued by the Supreme Court or High Courts to:
- AA government officer prohibiting him from taking a particular action
- BThe Parliament or legislative Assembly to pass a law on prohibition
- CThe lower court prohibiting continuation of proceedings in a caseCorrect
- DThe Government prohibiting it from following an unconstitutional policy
Explanation
Correct. A writ of prohibition is issued by a superior court to an inferior court or tribunal to stop proceedings that exceed jurisdiction or violate the law. It is preventive in nature, unlike certiorari which quashes a decision already made.
Q2Polity & Governance·JudiciaryPYQ 2022
With reference to India, consider the following statements:
1. Government law officers and legal firms are recognized as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
2. Bar Councils have the power to lay down rules relating to legal education and recognition of law colleges.
Which of the statements given above is/are correct?
- A1 only
- B2 onlyCorrect
- CBoth 1 and 2
- DNeither 1 nor 2
Explanation
Correct. Statement 2 is correct because the Bar Council of India regulates standards of legal education and recognition of law colleges under the Advocates Act, 1961.
Q3Polity & Governance·JudiciaryPYQ 2022
Consider the following statements:
1. Pursuant to the report of the H. N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed.
2. The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves.
3. The Constitution of India defines civil contempt and criminal contempt.
4. In India, Parliament is vested with the power to make laws on contempt of court.
Which of the statements given above are correct?
- A1 and 2 only
- B1, 2 and 4Correct
- C3 and 4 only
- D3 only
Explanation
Correct. The 1971 Act followed the Sanyal Committee recommendations, Articles 129 and 215 empower the Supreme Court and High Courts to punish for contempt, and Parliament can legislate on contempt. But the Constitution itself does not define civil and criminal contempt; those definitions are statutory.
Q4Polity & Governance·JudiciaryPYQ 2022
With reference to writs issued by courts in India, consider the following statements:
1. Mandamus will not lie against a private organization unless it is entrusted with a public duty.
2. Mandamus will not lie against a company even though it may be a Government company.
3. Any public-minded person can move the court to obtain a writ of quo warranto.
Which of the statements given above are correct?
- A1 and 2 only
- B2 and 3 only
- C1 and 3 onlyCorrect
- D1, 2 and 3
Explanation
Correct. Statement 1 is correct because mandamus can issue to a body performing a public duty even if private. Statement 2 is incorrect because a government company may be subject to mandamus. Statement 3 is correct because quo warranto can be sought by any person to challenge unlawful holding of public office.
Q5Polity & Governance·JudiciaryPYQ 2021
With reference to Indian judiciary, consider the following statements:
1. Any retired judge of the Supreme Court can be called back to sit and act as a judge of the Supreme Court by the Chief Justice of India with the prior permission of the President of India.
2. A High Court in India has the power to review its own judgment as the Supreme Court does.
Which of the statements given above is/are correct?
- A1 onlyCorrect
- B2 only
- CBoth 1 and 2
- DNeither 1 nor 2
Explanation
Correct. Article 128 allows the Chief Justice of India, with presidential consent and the judge's own consent, to request a retired Supreme Court judge to sit and act as a judge of the Supreme Court.
Q6Polity & Governance·JudiciaryPYQ 2019
With reference to the Constitution of India, consider the following statements:
1. No High Court has jurisdiction to declare any Central law constitutionally invalid.
2. An amendment to the Constitution cannot be called into question by the Supreme Court of India.
Which of the statements given above is/are correct?
- A1 only
- B2 only
- CBoth 1 and 2
- DNeither 1 nor 2Correct
Explanation
Correct. High Courts can review the constitutional validity of Central laws within their jurisdiction under Article 226, and constitutional amendments are subject to judicial review on the basic-structure test.
Q7Polity & Governance·JudiciaryPYQ 2019
Consider the following statements:
1. A motion to impeach a Judge of the Supreme Court cannot be rejected by the Speaker of the Lok Sabha under the Judges (Inquiry) Act, 1968.
2. The Constitution defines and gives details of what constitutes 'incapacity and proved misbehaviour' of Supreme Court judges.
3. Details of the impeachment process are given in the Judges (Inquiry) Act, 1968.
4. If the motion is taken up for voting, it must be supported in each House by a majority of the total membership and by not less than two-thirds of members present and voting.
Which of the statements given above is/are correct?
- A1 and 2
- B3 only
- C3 and 4 onlyCorrect
- D1, 3 and 4
Explanation
Correct. Statement 3 is correct because the statutory procedure is laid down in the Judges (Inquiry) Act, and Statement 4 correctly states the special majority requirement under Article 124(4).
Q8Polity & Governance·JudiciaryPYQ 2019
With reference to the Constitution of India, ordinary-law limitations cannot act as limitations on the constitutional powers under Article 142. It could mean which one of the following?
- AElection Commission decisions cannot be challenged in any court
- BThe Supreme Court is not constrained in exercise of its powers by laws made by ParliamentCorrect
- CIn a grave financial crisis, the President can declare Financial Emergency without Cabinet advice
- DState Legislatures cannot legislate on certain matters without Union concurrence
Explanation
Correct. Article 142 enables the Supreme Court to pass orders necessary to do complete justice, and the Court has held that statutory limitations cannot whittle down that constitutional power in its proper field.
Q9Polity & Governance·JudiciaryPYQ 2017
In India, Judicial Review implies:
- AThe power of the Judiciary to pronounce upon the constitutionality of laws and executive ordersCorrect
- BThe power of the Judiciary to question the wisdom of the laws enacted by the Legislatures
- CThe power of the Judiciary to review all the legislative enactments before they are assented to by the President
- DThe power of the Judiciary to review its own judgments given earlier in similar or different cases
Explanation
Correct. Judicial review means examining laws and executive actions for consistency with the Constitution. It is the power to test legislative and executive actions on the touchstone of the Constitution.
Q10Polity & Governance·JudiciaryPYQ 2016
With reference to the Gram Nyayalayas Act, which of the following statements is/are correct?
1. As per the Act, Gram Nyayalayas can hear only civil cases and not criminal cases.
2. The Act allows local social activists as mediators or conciliators.
Select the correct answer using the code given below.
- A1 only
- B2 onlyCorrect
- CBoth 1 and 2
- DNeither 1 nor 2
Explanation
Correct. Statement 1 is wrong because Gram Nyayalayas can hear both civil and criminal matters. Statement 2 is correct because the Act permits conciliation efforts with the help of conciliators, including persons drawn from the local social context.
Q11Polity & Governance·JudiciaryPYQ 2015
Who or which of the following is the custodian of the Constitution of India?
- AThe President of India
- BThe Prime Minister of India
- CThe Lok Sabha Secretariat
- DThe Supreme Court of IndiaCorrect
Explanation
Correct. The Supreme Court is the final interpreter and guardian of the Constitution through the power of judicial review, making it the effective constitutional custodian.
Q12Polity & Governance·JudiciaryPYQ 2014
The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its:
- AAdvisory jurisdiction
- BAppellate jurisdiction
- COriginal jurisdictionCorrect
- DWrit jurisdiction
Explanation
Correct. Article 131 gives the Supreme Court original jurisdiction in disputes between the Union and one or more States or between States.