The Supreme Court (Indian Polity and Governance) Part-III

Total Questions: 21

11. Consider the following statements and choose the correct answer from the code given below: [UP.P.C.S. (Spl) (Mains) 2004]

Assertion (A): The public interest litigation permits public-minded citizens to reach the Court of Law.

Reason (R): The public-minded people may seek Justice for the person who is unable to reach the Court of Law for any reasons.

Select the correct answer using the code given below:

Correct Answer: (a) Both (A) and (R) are true, and (R) is the correct explanation of (A).
Solution:Both (A) and (R) are correct and (R) explains (A) correctly. Any citizen can go to Court for Justice regarding the welfare of any other person, group or society through the public interest litigation.

The following are some of the features of Public Interest Litigation (PIL) in India:

  • PIL has neither been defined in the Constitution nor in any Indian statute.
  • Constitutional provisions: The Supreme Court and the High Court under Articles 32 and 226 (authority to issue writs) of the Constitution, respectively, can hear a PIL petition submitted by any concerned individual.
  • Relaxation of locus standi rule: PIL in India was made possible by the relaxation of the requirement of "locus standi".
  • Different from traditional litigation: PIL is different from traditional litigation, which is adversarial in nature and involves disputes between two parties.
    Proactive role of courts: In PIL, the role of the court is more
  • proactive than in traditional actions and requires a more positive attitude in determining acts.
  • Flexibility: While PIL allows for greater flexibility in the procedure, it must still adhere to judicial procedure and principles.

12. The concept of Public Interest Litigation originated in: [I.A.S. (Pre) 1997, U.P.P.C.S. (Mains) 2011]

Correct Answer: (c) The United States
Solution:The term "PIL" originated in the United States. Since the nineteenth century, various Movements in that country have contributed to Public Interest Law, which was part of the legal aid movement. The first legal aid office was established in New York in 1876.

The following are some of the features of Public Interest Litigation (PIL) in India:

  • PIL has neither been defined in the Constitution nor in any Indian statute.
  • Constitutional provisions: The Supreme Court and the High Court under Articles 32 and 226 (authority to issue writs) of the Constitution, respectively, can hear a PIL petition submitted by any concerned individual.
  • Relaxation of locus standi rule: PIL in India was made possible by the relaxation of the requirement of "locus standi".
  • Different from traditional litigation: PIL is different from traditional litigation, which is adversarial in nature and involves disputes between two parties.
    Proactive role of courts: In PIL, the role of the court is more
  • proactive than in traditional actions and requires a more positive attitude in determining acts.
  • Flexibility: While PIL allows for greater flexibility in the procedure, it must still adhere to judicial procedure and principles.

13. In which country the concept of Public Interest Litigation was originated? [R.A.S./R.T.S. (Pre.) 2018]

Correct Answer: (b) United States of America
Solution:The term "PIL" originated in the United States. Since the nineteenth century, various Movements in that country have contributed to Public Interest Law, which was part of the legal aid movement. The first legal aid office was established in New York in 1876.

The following are some of the features of Public Interest Litigation (PIL) in India:

  • PIL has neither been defined in the Constitution nor in any Indian statute.
  • Constitutional provisions: The Supreme Court and the High Court under Articles 32 and 226 (authority to issue writs) of the Constitution, respectively, can hear a PIL petition submitted by any concerned individual.
  • Relaxation of locus standi rule: PIL in India was made possible by the relaxation of the requirement of "locus standi".
  • Different from traditional litigation: PIL is different from traditional litigation, which is adversarial in nature and involves disputes between two parties.
    Proactive role of courts: In PIL, the role of the court is more
  • proactive than in traditional actions and requires a more positive attitude in determining acts.
  • Flexibility: While PIL allows for greater flexibility in the procedure, it must still adhere to judicial procedure and principles.

14. 'Judicial Activism' in India is related to - [U.P.R.O./A.R.O. (Pre) 2014]

Correct Answer: (b) Public Interest Litigation
Solution:Judicial Activism in India is related to Public Interest Litigation. Judicial Activism in India started in the mid

The following are some of the features of Public Interest Litigation (PIL) in India:

  • PIL has neither been defined in the Constitution nor in any Indian statute.
  • Constitutional provisions: The Supreme Court and the High Court under Articles 32 and 226 (authority to issue writs) of the Constitution, respectively, can hear a PIL petition submitted by any concerned individual.
  • Relaxation of locus standi rule: PIL in India was made possible by the relaxation of the requirement of "locus standi".
  • Different from traditional litigation: PIL is different from traditional litigation, which is adversarial in nature and involves disputes between two parties.
    Proactive role of courts: In PIL, the role of the court is more
  • proactive than in traditional actions and requires a more positive attitude in determining acts.
  • Flexibility: While PIL allows for greater flexibility in the procedure, it must still adhere to judicial procedure and principles.

15. Who said 'judicial activism' should not become 'judicial adventurism'? [Jharkhand P.C.S. (Pre) 2021]

Correct Answer: (b) Justice A.S. Anand
Solution:Justice A.S. Anand said that Judicial activism should not become Judicial adventurism. Judicial activism has primarily arisen due to the failure of the executive and legislature to act while Judicial adventurism is an extreme form of Judicial activism.

16. The status of women in Indian Society was glorified by a Judgement of a Court in September, 2003. The Court is - [U.P.P.C.S. (Mains) 2009]

Correct Answer: (a) Supreme Court of India
Solution: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.

17. The case of Vishakha and others Vs. State of Rajasthan and others is related to - [R.A.S./R.T.S. (Pre) 2021]

Correct Answer: (d) Prevention of sexual harassment of women at work place.
Solution:The Vishakha guidelines were set of procedural guidelines for use in India in case of sexual harassment. Promulgated by supreme Court in 1997. In 2013 these were superseded by the sexual harassment of women at the workplace (Prevention, prohibition and redressal) Act, 2013.
  • The Court ruled that sexual harassment leads to depravity among the victims and was a gross violation of their fundamental rights as provided under Articles 14, 19 and 21.
  • The Court declared that in order to meaningfully dispose of the case, a set of guidelines are necessary. The Union of India also gave its consent for the guidelines through the Solicitor General, in addition to making a commitment to devise a women's policy that would make sure that women's rights are protected to provide them with a safe atmosphere to flourish in various fields of life.
    The Court defined sexual harassment as any physical touch or conduct, any unpleasant taunt or misbehaviour, showing of pornography and asking for any kind of sexual favours.

18. By passing, 'Triple Talaq Law' recently, the Parliament of India endorsed which year's ruling of the Supreme Court of India that had made Triple Talaq (Talaq-e-Biddat) as unconstitutional? [65th B.P.S.C. (Pre) 2019]

Correct Answer: (d) 2017
Solution:The Supreme Court in the Shayara Bano case (2017) had declared the Practice of Triple Talaq (Talaq-e-biddat) as unconstitutional. The Triple Talaq is considered to be a violation of Article 14 the right to equality.

About Triple Talaq:

  • Triple Talaq is the process of divorce under Sharia Law (Islamic law) where a husband can divorce his wife by pronouncing 'Talaq' three times. This is also called oral talaq.
  • There are three types of divorce under Islamic law, namely, Ahsan, Hasan and Talaq-e-Biddat (triple talaq).
  • While the former two are revocable, the last one is irrevocable. It is mainly prevalent among India's Muslim communities that follow the Hanafi School of Islamic Law.
  • Under this law, wives cannot divorce husbands by means of triple talaq. Women have to move a court for divorcing her husband under the Muslim Personal Law (Shariat) Application Act 1937. (This Act was passed to make provisions for the application of Sharia or Islamic personal law to Muslims in India).

19. In which of the following cases the Supreme Court observed that Central Bureau of Investigation is a 'Caged Parrot'? [U.P.P.C.S. (Pre) 2015]

Correct Answer: (d) Coal Gate Scam Case
Solution:The Supreme Court has denounced the CBI as a "Caged Parrot" in the Coal Gate allocation scam.
  • The Central Bureau of Investigation (CBI) is a multidisciplinary investigation agency of the Government of India that investigates corruption-related cases, economic offences, and cases of conventional crime.
  • As India's foremost investigative agency, it provides a centralized mechanism for high-quality investigations.
    The Mission of the Central Bureau of Investigation (CBI) is:
  • To uphold the Constitution of India and the law of the land through in-depth investigation and successful prosecution of offenses,
  • To provide leadership and direction to police forces and to act as the nodal agency for enhancing inter-state and international cooperation in law enforcement.

20. Supreme Court judgement regarding homosexuality is related to which of the following? [U.P.P.C.S. (Pre) 2018]

Correct Answer: (a) Section 377 of IPC
Solution:Supreme Court judgement regarding homosexuality is related to section 377 of IPC.

The sexual orientation characterized by romantic or sexual desire for, or sexual attraction towards member of the same sex is called Homosexuality (Homophilia).
The term 'gay' is used to refer to homosexual persons of either gender, although it is mostly used to refer to males. In women, romantic sexual desire for other women is also called 'lesbianism',