The Supreme Court (Part-II)

Total Questions: 50

11. Judicial Review means that the Supreme Court - [39th B.P.S.C. (Pre) 1994]

(a) Has final authority over all issues.
(b) Can charge allegations against President.
(c) Can review the issues decided by High Courts.
(d) Can declare illegal any law of the State.

Correct Answer: (d) Can declare illegal any law of the State.

Solution:The Judicial Review means the power of the Judiciary to interpret the Constitution and to declare any such law or order of the Legislature and Executive void, if it finds it in conflict with the Constitution of India.

12. Judicial Review implies the right of the Court to - [U.P.P.C.S. (Pre) 1994]

(a) Declare any law or order invalid if it is in conflict with the Constitution.
(b) Review the order of the Lower Courts.
(c) Hear appeals against the decision of the Lower Courts.
(d) Review the laws to see that they have been passed as per the procedure laid down.

Correct Answer: (a) Declare any law or order invalid if it is in conflict with the Constitution.

13. Consider the following statements : [I.A.S. (Pre) 2020]

1. The Constitution of India defines its 'basic structure' in terms of federalism, secularism, fundamental rights and democracy.

2. The Constitution of India provides for 'judicial review' to safeguard the citizens' liberties and to preserve the ideals on which the Constitution is based.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer: (b) 2 only

Solution:The doctrine of 'Basic Structure' itself cannot be found in the Constitution, because this concept was recognised for the first time in the Keshwanand Bharti Case (1973) by the Supreme Court. Hence statement 1 is wrong. According to Article 13:

(1) All laws in force in India's territory immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall to the extent of such inconsistency, be void.

(2) 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. Hence, statement 2 is correct.

14. In India, the power of Judicial Review is enjoyed by? [U.P. P.C.S. (Mains) 2017]

(a) The Supreme Court alone
(b) The Supreme Court as well as High Courts
(c) All the Courts
(d) None of the above

Correct Answer: (b) The Supreme Court as well as High Courts

Solution: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 Re- view as a basic structure of the Constitution.

15. With reference to the Constitution of India, consider the following statements: [I.A.S. (Pre) 2019]

1. No High Court Shall have the Jurisdiction to de- clare any central law to be constitutionally invalid.

2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer: (d) Neither 1 nor 2

Solution:The 42nd Amendment Act of 1976 curtailed the judicial review of the high court. It debarred the high courts from considering the constitutional validity of central law. However, the 43rd Amendment Act of 1977 restored the original provision. The High court has the power to invalidate any central law which goes against the ethos of the constitution. Similar is the case with the Supreme Court. If any constitutional amend- ment goes against the basic structure of the constitution the supreme court has the power to call it into question. Hence both the statements are wrong.

16. The system of Judicial Review, is prevalent in - [U.P.P.C.S. (Mains) 2013]

(a) India only
(b) U.K. only
(c) U.S.A. only
(d) Both in India and U.S.A.

Correct Answer: (d) Both in India and U.S.A.

Solution: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 of the United Kingdom and law made by it cannot be challenged in Court.

17. Assertion (A): The scope of Judicial review is limited in India. [U.P.P.C.S. (Mains) 2002]

Reason (R) : Indian Constitution is "a bag of borrowing."

Select the correct answer using the codes given below:

(a) Both (A) and (R) are true and (R) is the correct explanation of (A).
(b) Both (A) and (R) are true but (R) is not the correct explanation of (A).
(c) (A) is true but (R) is false.
(d) (A) is false but (R) is true.

Correct Answer: (b) Both (A) and (R) are true but (R) is not the correct explanation of (A).

Solution:Assertion (A) is correct, because the scope of Judicial review is limited in India. It has three main reasons;

(i) The Judiciary reviews Legislative functions, especially if that law affects the Basic structure of the constitution.

(ii) In some of its distinguished Judgements, the Supreme Court has defined the outline of sovereign power as distributed amongst the three branches of government namely, the Legislature, the executive and the Judiciary.

(iii) The huge size of the Indian Constitution also reduces the scope of Judicial review.

Reason (R) is correct as Indian Constitution borrowed many features and principles from Constitutions of other countries. Since Reason (R) is not the correct explanation of Assertion (A) the correct answer will be option (b).

18. In essence, what does 'Due Process of Law' mean? [I.A.S. (Pre.) 2023]

(a) The principle of natural justice
(b) The procedure established by law
(c) Fair application of law
(d) Equality before law

Correct Answer: (a) The principle of natural justice

Solution:Due Process of Law is a principle that makes sure that the procedure used to make a law is free from arbitrariness and irrationality and Natural Justice implies fairness, reasonableness, equity and equality. Natural Justice is a concept of Common Law and it is analogous to the American concept of procedural due process. There are mainly two Principles of Natural Justice which are: 'Nemo judex in causa sua- No one should be made a judge in his own cause and the rule against bias; 'Audi alteram partem' means to hear the other party or no one should be condemned unheard. The principles of natural justice are firmly grounded under various Articles of the Constitution such as Articles 14 and 21. To remove the arbitrariness, the Supreme Court of India recongnised the principle of Due Process of Law in the Maneka Gandhi case. Hence option (a) is the correct answer.

19. Judicial review in the Indian Constitution is based on - [Chhattisgarh P.C.S. (Pre) 2015]

(a) Due Process of Law
(b) Procedure established by Law
(c) Rule of Law
(d) Precedents and conventions
(e) None of the above

Correct Answer: (b) Procedure established by Law

Solution:An independent Judiciary, having the power of 'Judicial Review' is a prominent feature of the 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.

20. Judicial process in India is based on - [67th B.P.S.C. (Pre), 2022]

(a) the Constitution
(b) the due process of routine law
(c) conventions
(d) the procedure established by law
(e) None of the above/More than one of the above

Correct Answer: (e) None of the above/More than one of the above

Solution:Judicial process in India is based on procedure established by law, constitution, conventions as well as the due process of routine law. Article 14 provides that the state shall not deny to any person equality before law or equal protection of laws within the territory of India. The concept of equal protection of laws is borrowed from the American Constitution and equality of law is borrowed from British Constitution.

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