The Supreme Court (Part-II)

Total Questions: 50

21. A Constitution (Amendment) Act may be declared unconstitutional by the Supreme Court of India if it - [I.A.S. (Pre) 2009]

(a) Establishes three-tier federal set up in place of the existing two tier-set up.
(b) Removes Right of Equality before the law from Part III and places it elsewhere in the Constitution.
(c) Replaces Parliamentary System of Executive with the Presidential one.
(d) Establishes a Federal Court of Appeal to lighten the burden of the Supreme Court.

Correct Answer: (b) Removes Right of Equality before the law from Part III and places it elsewhere in the Constitution.

Solution: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.

22. The Supreme Court is a _______ [67th B.P.S.C. (Pre) (Re-Exam), 2022]

(a) federal court.
(b) protector of human rights.
(c) final interpreter of the Constitution.
(d) civil court.
(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:The Supreme Court of India is the highest judicial court and the guarantor of the fundamental rights of citizens and the guardian of the constitution.

23. Who has the last authority to explain the Constitution? [M.P.P.C.S. (Pre) 1994]

(a) President
(b) Attorney General of India
(c) Speaker of Lok Sabha
(d) Supreme Court

Correct Answer: (d) Supreme Court

Solution:The Supreme Court has the final authority to interpret the Constitution. The Supreme Court has been declared as the Guardian or Custodian of the Constitution.

24. Who is the custodian of Indian Constitution? [M.P.P.C.S. (Pre) 2010, 2015]

(a) President
(b) Parliament
(c) Council of Ministers
(d) Supreme Court

Correct Answer: (d) Supreme Court

Solution:The Supreme Court has the final authority to interpret the Constitution. The Supreme Court has been declared as the Guardian or Custodian of the Constitution.

25. Who is known as the custodian of the Indian Constitution? [M.P.P.C.S. (Pre) 2016]

(a) The Parliament
(b) The President
(c) The Supreme Court
(d) None of the above

Correct Answer: (c) The Supreme Court

Solution:The Supreme Court has the final authority to interpret the Constitution. The Supreme Court has been declared as the Guardian or Custodian of the Constitution.

26. Which of the following is the custodian of the Constitution of India? [I.A.S. (Pre) 2015]

(a) The President of India.
(b) The Prime Minister of India.
(c) The Lok Sabha Secretariat.
(d) The Supreme Court of India.

Correct Answer: (d) The Supreme Court of India.

Solution:The Supreme Court is the custodian or the Guardian of the Constitution of India. The Constitution of India is the Supreme Law of India. It is a living document. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers and duties of the Government institutions and sets out Fundamental Rights, Directive Principles and the Duties of Citizens.

27. The Guardianship of Indian Constitution is vested in: [U.P.P.C.S. (Pre) 2015]

(a) President
(b) Lok Sabha
(c) Supreme Court
(d) Council of Ministers

Correct Answer: (c) Supreme Court

28. Given below are two statements, one is labelled as Assertion (A) and the other as Reason (R). [U.P.P.C.S. (Pre) 2019]

Assertion (A): The Supreme Court of India has exclusive jurisdiction regarding Constitutional Validity of central laws.

Reason (R): The Supreme court is the Guardian of the India Constitution.

Select the correct answer from 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: (d) (A) is false, but (R) is true.

Solution:The High courts of states also have jurisdiction regarding the Constitutional validity of central laws. The Supreme Court (under article 32) and the High Courts (under article 226) can issue writs to protect the fundamental rights of the people. Hence the Supreme court does not have exclusive jurisdiction in this case. The Supreme Court is the custodian or the Guardian of the Constitution of India. UPPSC has considered the option (a) as the correct one which is wrong.

29. Which of the following cases comes under the Jurisdiction of High Court and Supreme Court? [I.A.S. (Pre) 1993, U.P. Lower Sub. (Pre) 2004, U.P.P.C.S. (Mains) 2006]

(a) Dispute between the Centre and States.
(b) Dispute between States.
(c) Enforcement of Fundamental Rights.
(d) Protection from violation of the Constitution.

Correct Answer: (c) Enforcement of Fundamental Rights.

Solution:Enforcement of Fundamental Rights comes under the Jurisdiction of the Supreme Court under Article 32 of the Indian Constitution whereas High Court derives its Jurisdiction under Article 226 for enforcement of Fundamental Rights. Disputes between States and Centre and State is the original jurisdiction of the Supreme Court as enumerated in Article 131 of the Indian Constitution.

30. Under which Article of the Constitution of India Supreme Court safeguards the Fundamental Rights of the Indian citizens? [U.P.P.S.C.(GIC) 2010]

(a) 74
(b) 56
(c) 16
(d) 32

Correct Answer: (d) 32

Solution:Article 32 of the Indian Constitution is the "Right to Constitutional Remedies" for the enforcement of rights conferred by Part III, i.e., Fundament. Rights. Supreme Court has the power to issue directions, orders or writs to safeguard the fundamental Right.

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The Supreme Court (Part-II)

21. A Constitution (Amendment) Act may be declared unconstitutional by the Supreme Court of India if it - [I.A.S. (Pre) 2009]

22. The Supreme Court is a _______ [67th B.P.S.C. (Pre) (Re-Exam), 2022]

23. Who has the last authority to explain the Constitution? [M.P.P.C.S. (Pre) 1994]

24. Who is the custodian of Indian Constitution? [M.P.P.C.S. (Pre) 2010, 2015]

25. Who is known as the custodian of the Indian Constitution? [M.P.P.C.S. (Pre) 2016]

26. Which of the following is the custodian of the Constitution of India? [I.A.S. (Pre) 2015]

27. The Guardianship of Indian Constitution is vested in: [U.P.P.C.S. (Pre) 2015]

28. Given below are two statements, one is labelled as Assertion (A) and the other as Reason (R). [U.P.P.C.S. (Pre) 2019]

29. Which of the following cases comes under the Jurisdiction of High Court and Supreme Court? [I.A.S. (Pre) 1993, U.P. Lower Sub. (Pre) 2004, U.P.P.C.S. (Mains) 2006]

30. Under which Article of the Constitution of India Supreme Court safeguards the Fundamental Rights of the Indian citizens? [U.P.P.S.C.(GIC) 2010]

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