Union Judiciary: Supreme Court and Judicial Review: RAS Prelims MCQs
61 RAS Prelims MCQs on the Union judiciary cover the Supreme Court’s composition, jurisdiction and powers, the appointment of judges, judicial review and writs. The Judges Cases, Public Interest Litigation and the provisions for acting and ad hoc judges are asked as facts and statements.
Practice questions based on the RPSC RAS Prelims syllabus. They follow the exam pattern but are not past-paper questions.
Showing 1–10 of 61 questions
Explanation
The Supreme Court of India was officially inaugurated on January 28, 1950, two days after India became a sovereign democratic republic. It replaced both the Federal Court of India and the Judicial Committee of the Privy Council. This transition marked a significant milestone in India’s legal history, establishing an independent and supreme judicial authority for the nation.Statement I: The person must have been a judge of a High Court for at least five years.
Statement II: The Constitution of India has prescribed a minimum age of 35 years for appointment as a judge of the Supreme Court.
Which one of the following is correct in respect of the above statements?
Explanation
A person must have been a judge of a High Court for at least five years or an advocate for ten years to be appointed to the Supreme Court. However, the Constitution does not prescribe a minimum age for such an appointment. Only a maximum age of sixty-five years is specified for retirement from the judicial service.| Constitutional Article | Provision |
|---|---|
| A. Article 124 | i. Original Jurisdiction of the Supreme Court |
| B. Article 129 | ii. Power of President to consult Supreme Court |
| C. Article 131 | iii. Establishment and Constitution of Supreme Court |
| D. Article 143 | iv. Supreme Court to be a court of record |
Explanation
Article 124 provides for the establishment and constitution of the Supreme Court. Article 129 designates it as a court of record with power to punish for contempt. Article 131 outlines its original jurisdiction over federal disputes. Article 143 empowers the President to consult the Supreme Court on questions of law or fact of public importance for advice.Explanation
The Constitution specifies only two grounds for the removal of a Supreme Court judge: proven misbehaviour or incapacity. While "Violation of the Constitution" is the specific ground for the impeachment of the President of India, it is not explicitly listed as a ground for judicial removal. The removal process involves a rigorous parliamentary procedure and Presidential order.Explanation
The Supreme Court (Number of Judges) Amendment Act, 2019, increased the sanctioned judicial strength. Currently, the Supreme Court of India consists of a maximum of thirty-four judges, which includes the Chief Justice of India. This expansion was necessary to address the increasing caseload and ensure the efficient administration of justice across the vast Indian legal landscape.Assertion (A) and the other as Reason (R):
Assertion (A): The salaries, allowances and pensions of the judges and the staff as well as all the administrative expenses of the Supreme Court are charged on the Consolidated Fund of India.
Reason (R): It ensures that the functioning of the Supreme Court is independent of the legislative vote in the Parliament. In the context of the above, which one of the following is correct?
Explanation
The Constitution ensures judicial independence by charging the administrative expenses and salaries of the Supreme Court on the Consolidated Fund of India. This means these expenditures are non-votable in Parliament, preventing legislative interference with judicial operations. This financial autonomy is crucial for maintaining an impartial judiciary that can function without political pressure or concerns regarding its funding.Explanation
Article 126 of the Indian Constitution empowers the President to appoint a judge of the Supreme Court as the acting Chief Justice of India. This appointment occurs when the office is vacant or when the Chief Justice is unable to perform duties due to absence or any other reason. It ensures the continuity of the court’s leadership.Explanation
Under Article 127, an ad hoc judge is a High Court judge appointed temporarily to the Supreme Court when there is no quorum of judges available. The Chief Justice does so with the previous consent of the President.I. It extends to disputes between the Government of India and one or more States.
II. It includes disputes arising out of any pre- Constitution treaty or agreement.
III. It covers inter-state water disputes under the Inter-State Water Disputes Act.
Which of the above statements are incorrect?
Explanation
Original jurisdiction excludes disputes arising from pre-Constitution treaties or agreements and instruments that explicitly bar such jurisdiction. Furthermore, inter-state water disputes are handled under specific legislative acts and are excluded from the Supreme Court’s original jurisdiction under Article 131. Only disputes between the Union and States or between different States fall within this exclusive constitutional category of original jurisdiction.Answer key for these questions
| Q | Correct answer |
|---|---|
| 1 | (b) Part V |
| 2 | (b) 28 January 1950 |
| 3 | (c) Statement I is correct but Statement II is incorrect |
| 4 | (a) A-iii, B-iv, C-i, D-ii |
| 5 | (c) Violation of the Constitution |
| 6 | (c) 34 |
| 7 | (a) Both A and R are true and R is the correct explanation of A. |
| 8 | (a) Article 126 |
| 9 | (c) A High Court judge temporarily appointed to the Supreme Court due to lack of quorum. |
| 10 | (b) II and III only |
Key facts from Union Judiciary: Supreme Court and Judicial Review
- Part V of the Constitution deals with the Union judiciary; the Supreme Court was inaugurated on 28 January 1950.
- The sanctioned strength of the Supreme Court is 34 judges, including the Chief Justice of India.
- Article 126 allows the President to appoint an acting Chief Justice; Article 127 provides for ad hoc judges.
- Article 124(7) bars a retired Supreme Court judge from practising in any court in India.
- Judicial review is based on Article 13 and was inspired by the United States.
- The Third Judges Case (1998) dealt with the consultation process for appointing judges; PIL is a product of judicial activism.
Frequently asked questions
How many RAS Prelims practice MCQs are there on Union Judiciary: Supreme Court and Judicial Review?
This page has 61 practice MCQs on Union Judiciary: Supreme Court and Judicial Review (Indian Polity and Governance). Each has the correct answer, and most have an explanation.
When was the Supreme Court inaugurated?
On 28 January 1950, two days after the Constitution came into force. It replaced the Federal Court of India and sits in New Delhi, with the Chief Justice of India at its head.
How many judges does the Supreme Court have?
The sanctioned strength is 34, including the Chief Justice of India, after the increase made by Parliament in 2019. The number was fixed at eight when the Constitution began and has been raised several times.
What is Public Interest Litigation?
A case brought before a court in the interest of the public or of persons who cannot approach the court themselves. It is a product of judicial activism and has widened access to justice by relaxing the traditional rule of standing.