Q21. Which one of the following is not included in the Original Jurisdiction of the Supreme Court of India under Article 131?
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 21–30 of 61 questions
Q22. Which of the following represents the correct chronological sequence of landmark Supreme Court judgments regarding the amendability of Fundamental Rights?
Explanation
The legal timeline began with the Shankari Prasad case in 1951, followed by the Golaknath case in 1967, which restricted amendment powers. The landmark Kesavananda Bharati case in 1973 then introduced the basic structure doctrine. Finally, the Minerva Mills case in 1980 further clarified and solidified this doctrine, ensuring that the Parliament’s power to amend the Constitution remains limited.
Q23. An appeal lies to the Supreme Court from any judgment of a High Court in civil cases if the High Court certifies that:
Explanation
Under Article 133, an appeal in civil matters lies to the Supreme Court if the High Court certifies that the case involves a substantial question of law of general importance. Additionally, the High Court must be of the opinion that the said question needs to be decided by the Supreme Court. This ensures that only significant legal issues are entertained.
Q24. Match List I with List II:
Choose the correct code:
| Case | Key Doctrine/Concept |
|---|---|
| A. Kesavananda Bharati Case (1973) | i. Judicial Review is a basic feature of the Constitution |
| B. S.P. Gupta Case (1982) | ii. Basic Structure Doctrine |
| C. Supreme Court Advocates-on-Record Association Case (1993) | iii. Emergence of the Collegium System |
| D. L. Chandra Kumar Case (1997) | iv. Relaxation of Locus Standi (First Judges Case) |
Explanation
The Kesavananda Bharati case established the Basic Structure Doctrine. S.P. Gupta, the First Judges Case, relaxed locus standi. The Advocates-on-Record Association case, known as the Second Judges Case, led to the Collegium System’s emergence. Lastly, L. Chandra Kumar’s judgment affirmed that the power of judicial review is an integral part of the basic structure of the Indian Constitution.
Q25. Under Article 136, the Supreme Court is authorized to grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by:
Explanation
Article 136 grants the Supreme Court wide discretionary power to grant special leave to appeal from any judgment or order passed by any court or tribunal in India. However, this power explicitly excludes any judgment or order passed by a court or tribunal constituted by or under any law relating to the Armed Forces, such as various military court martials.
Q26. Which of the following statements about the Advisory Jurisdiction of the Supreme Court (Article 143) is incorrect?
Explanation
Under Article 143, the President can seek the Supreme Court’s opinion on questions of law or public importance. However, the opinion tendered by the court is purely advisory and is not binding on the President. Similarly, the Supreme Court is generally not bound to give an opinion on every reference, except those involving disputes from pre-Constitution treaties and agreements.
Q27. Given below are two statements, one labelled as
Assertion (A) and the other as Reason (R):
Assertion (A): The Supreme Court can refuse to exercise its original jurisdiction in a dispute arising out of a pre-Constitution treaty or agreement.
Reason (R): The Constitution explicitly states that original jurisdiction shall not extend to disputes arising out of treaties or agreements executed before the commencement of the Constitution which continue in operation. In the context of the above, which one of the following is correct?
Assertion (A) and the other as Reason (R):
Assertion (A): The Supreme Court can refuse to exercise its original jurisdiction in a dispute arising out of a pre-Constitution treaty or agreement.
Reason (R): The Constitution explicitly states that original jurisdiction shall not extend to disputes arising out of treaties or agreements executed before the commencement of the Constitution which continue in operation. In the context of the above, which one of the following is correct?
Explanation
The original jurisdiction of the Supreme Court under Article 131 is explicitly restricted. It does not extend to disputes arising out of any treaty, agreement, or covenant which was executed before the commencement of the Constitution and continues to be in operation. This constitutional bar ensures that such historical legal obligations are handled through alternative mechanisms rather than direct original litigation.
Q28. Which of the following pairs is correctly matched regarding the appellate jurisdiction of the Supreme Court?
Explanation
Article 132 provides for the appellate jurisdiction of the Supreme Court in cases involving the interpretation of the Constitution. Article 133 covers civil matters, while Article 134 deals with criminal matters. Article 134A was inserted later to provide for a certificate for appeal to the Supreme Court.
Q29. The writ of Mandamus cannot be issued against which of the following?
Explanation
The writ of mandamus is a command to perform a public duty. It cannot be issued against the President of India or the Governors of States. Additionally, it cannot be issued against private individuals, acting Chief Justices, or to enforce departmental instructions that lack statutory force. These immunities and limitations are essential to maintain the balance of power between different branches.
Q30. Consider the following statements regarding the writ of Certiorari:
I. It is issued to quash the order of a lower court or tribunal.
II. It can be issued against legislative bodies and private individuals.
III. It is available only against judicial and quasi-judicial authorities, and recently administrative authorities affecting rights of individuals.
Which of the above statements are correct?
I. It is issued to quash the order of a lower court or tribunal.
II. It can be issued against legislative bodies and private individuals.
III. It is available only against judicial and quasi-judicial authorities, and recently administrative authorities affecting rights of individuals.
Which of the above statements are correct?
Explanation
Certiorari is issued by a higher court to quash an order already passed by a lower court or tribunal. While it was traditionally used only against judicial and quasi-judicial bodies, its scope has expanded to include administrative authorities affecting individual rights. However, it still cannot be issued against legislative bodies or private individuals, making the second statement in the question incorrect.Answer key for these questions
| Q | Correct answer |
|---|---|
| 21 | (c) Dispute between a citizen and a State Government regarding a commercial contract. |
| 22 | (b) Shankari Prasad case - Golaknath case - Kesavananda Bharati case - Minerva Mills case |
| 23 | (d) The case involves a substantial question of law of general importance. |
| 24 | (a) A-ii, B-iv, C-iii, D-i |
| 25 | (c) Any court or tribunal in the territory of India, except military tribunals and court martials. |
| 26 | (a) The opinion expressed by the Supreme Court under Article 143 is binding on the President. |
| 27 | (a) Both A and R are true and R is the correct explanation of A. |
| 28 | (a) Article 132 - Appellate jurisdiction in constitutional cases. |
| 29 | (c) The President of India |
| 30 | (c) I 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.