Q11. Which of the following statements provides the best definition of Judicial Review?
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 11–20 of 61 questions
Q12. The concept of Judicial Review in the Indian Constitution is primarily inspired by the Constitution of which country?
Explanation
Although the Indian Constitution does not explicitly use the term "Judicial Review," the concept is deeply embedded in various articles. It is primarily inspired by the judicial system of the United States of America. In India, this power allows the higher judiciary to safeguard the Constitution and protect the fundamental rights of citizens against any arbitrary state actions.
Q13. Which Article of the Indian Constitution provides the primary basis for Judicial Review by declaring that laws inconsistent with Fundamental Rights shall be void?
Explanation
Article 13 is a key provision that enables judicial review by declaring that all laws inconsistent with or in derogation of fundamental rights shall be void. It empowers the judiciary to strike down any pre-constitutional or post-constitutional laws that infringe upon these basic rights. This article acts as a vital shield, ensuring the supremacy of fundamental rights.
Q14. Match List I with List II:
Choose the correct code:
| Type of Writ | Literal Meaning |
|---|---|
| A. Habeas Corpus | i. By what authority or warrant |
| B. Mandamus | ii. To be certified or to be informed |
| C. Quo Warranto | iii. We command |
| D. Certiorari | iv. To have the body of |
Explanation
Habeas Corpus literally means "to have the body of," used against illegal detention. Mandamus means "we command," directing public officials to perform duties. Quo Warranto means "by what authority," questioning the legality of holding a public office. Certiorari means "to be certified," used by higher courts to quash orders of lower courts or various quasi-judicial bodies.
Q15. Identify the incorrect statement regarding the writ of Habeas Corpus.
Explanation
The principle of res judicata, which prevents the same case from being litigated twice, does not apply strictly to petitions for Habeas Corpus. This means an individual can file a new petition if the previous one was dismissed, provided new grounds exist. This exception exists because the writ protects the fundamental right to personal liberty against unlawful or arbitrary detention.
Q16. Which of the following writs is issued by a higher court to a lower court or tribunal to prevent them from exceeding their jurisdiction?
Explanation
The writ of prohibition is issued by a higher court to a lower court or a quasi-judicial tribunal to prevent it from exceeding its jurisdiction or usurping a jurisdiction with which it is not legally vested. Unlike certiorari, which is issued after an order is passed, prohibition is a preventive remedy issued while the proceedings are still pending.
Q17. Consider the following statements regarding the Collegium System:
I. It is explicitly defined in the original text of the Constitution under Article 124.
II. It evolved through the judicial pronouncements known as the Three Judges Cases.
III. It is currently composed of the Chief Justice of India and four senior-most judges of the Supreme Court.
IV. The 99th Constitutional Amendment Act sought to replace it with the National Judicial Appointments Commission (NJAC).
Which of the above statements are correct?
I. It is explicitly defined in the original text of the Constitution under Article 124.
II. It evolved through the judicial pronouncements known as the Three Judges Cases.
III. It is currently composed of the Chief Justice of India and four senior-most judges of the Supreme Court.
IV. The 99th Constitutional Amendment Act sought to replace it with the National Judicial Appointments Commission (NJAC).
Which of the above statements are correct?
Explanation
The Collegium system is not mentioned in the original Constitution but evolved through judicial decisions in the Three Judges Cases. It currently comprises the Chief Justice of India and four senior-most Supreme Court judges. The 99th Amendment tried to replace it with the National Judicial Appointments Commission, but the Supreme Court struck down that amendment as being unconstitutional.
Q18. In which of the following cases did the Supreme Court rule that the consultation process for the appointment of judges requires the consultation of a plurality of judges (forming the modern Collegium)?
Explanation
In the Third Judges Case of 1998, the Supreme Court, upon a Presidential reference, clarified that the consultation process requires a plurality of judges. It expanded the Collegium to include the Chief Justice of India and four senior-most associate judges. The court ruled that the Chief Justice’s opinion must reflect the collective view of this expanded judicial body.
Q19. A retired judge of the Supreme Court of India cannot practice law in:
Explanation
Under Article 124(7), a retired Supreme Court judge cannot plead or act in any court or before any authority within the territory of India.
Q20. Consider the following statements regarding the Independence of the Judiciary:
I. The conduct of judges in the discharge of their duties cannot be discussed in Parliament, except upon a motion for their removal.
II. Judges can be removed only by an order of the President passed after an address by Parliament.
III. Parliament can alter the privileges and allowances of a judge to their disadvantage during a financial emergency.
IV. The Supreme Court has the power to punish for its contempt.
V. The Parliament cannot curtail the jurisdiction and powers of the Supreme Court.
Which of the above statements are correct?
I. The conduct of judges in the discharge of their duties cannot be discussed in Parliament, except upon a motion for their removal.
II. Judges can be removed only by an order of the President passed after an address by Parliament.
III. Parliament can alter the privileges and allowances of a judge to their disadvantage during a financial emergency.
IV. The Supreme Court has the power to punish for its contempt.
V. The Parliament cannot curtail the jurisdiction and powers of the Supreme Court.
Which of the above statements are correct?
Explanation
Judicial independence is maintained through various constitutional safeguards. These include restrictions on discussing judicial conduct in Parliament and providing a secure tenure. While salaries are generally protected, they can be varied during a financial emergency. Furthermore, the court has the power to punish for contempt and its jurisdiction over fundamental rights cannot be curtailed by ordinary legislative actions.Answer key for these questions
| Q | Correct answer |
|---|---|
| 11 | (d) The power of the judiciary to pronounce upon the constitutionality of laws and executive orders. |
| 12 | (b) United States of America |
| 13 | (a) Article 13 |
| 14 | (a) A-iv, B-iii, C-i, D-ii |
| 15 | (a) The principle of res judicata applies strictly to the writ of Habeas Corpus. |
| 16 | (b) Prohibition |
| 17 | (b) II, III and IV only |
| 18 | (c) Third Judges Case, 1998 |
| 19 | (c) Any court or before any authority within the territory of India. |
| 20 | (b) I, II, III, IV and V |
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.