Q31. Public Interest Litigation (PIL) in India is a product of:
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 31–40 of 61 questions
Q32. Who among the following former Chief Justices of India is widely considered the pioneer of Public Interest Litigation (PIL) in India?
Explanation
Justice P.N. Bhagwati, along with Justice V.R. Krishna Iyer, is widely regarded as the pioneer of Public Interest Litigation in India. During his tenure, he introduced various legal innovations that relaxed the traditional rule of locus standi. This allowed any public-spirited individual to approach the court for the enforcement of the rights of those unable to do so themselves.
Q33. The concept of Public Interest Litigation (PIL) originated in which country?
Explanation
The concept of Public Interest Litigation originated in the United States of America in the 1960s. It was designed to provide legal representation to unrepresented groups, such as the poor, environmentalists, and consumers. India adopted this concept in the late 1970s and early 1980s, adapting it to the specific socio-economic challenges and constitutional requirements of the Indian legal landscape.
Q34. Match List I with List II:
Choose the correct code:
| Concept/Term | Description |
|---|---|
| A. Locus Standi | i. A matter that has been adjudicated by a competent court |
| B. Amicus Curiae | ii. The right or capacity to bring an action or to appear in a court |
| C. Epistolary Jurisdiction | iii. Accepting letters or telegrams as writ petitions |
| D. Res Judicata | iv. Friend of the court |
Explanation
Locus standi refers to the right to bring an action to court. Amicus curiae is a friend of the court who assists by providing information. Epistolary jurisdiction allows the court to treat letters or telegrams as writ petitions. Res judicata is the principle that a matter already adjudicated by a competent court cannot be relitigated by the same parties.
Q35. Which of the following best differentiates between Judicial Activism and Judicial Restraint?
Explanation
Judicial activism encourages judges to interpret the law creatively to protect individual rights and address societal issues, often filling legislative gaps. In contrast, judicial restraint advises judges to limit their power, showing deference to the laws enacted by elected representatives in the legislature. Restraint emphasizes that courts should only strike down laws if they clearly and directly violate the Constitution’s text.
Q36. Which one of the following is considered an abuse of Public Interest Litigation (PIL)?
Explanation
While Public Interest Litigation is a tool for social justice, its misuse for personal or political purposes is considered an abuse. The Supreme Court has repeatedly warned against Publicity Interest Litigation or Politics Interest Litigation. Genuine PILs should focus on the grievances of the public at large, particularly the marginalized, rather than serving the private interests or vendettas of individuals.
Q37. Consider the following statements regarding the Basic Structure Doctrine:
I. It was propounded in the Golaknath case (1967).
II. It states that the Parliament cannot alter the basic features of the Constitution.
III. The Supreme Court has provided an exhaustive list of what constitutes the basic structure.
IV. Judicial Review is considered a part of the basic structure.
Which of the above statements are correct?
I. It was propounded in the Golaknath case (1967).
II. It states that the Parliament cannot alter the basic features of the Constitution.
III. The Supreme Court has provided an exhaustive list of what constitutes the basic structure.
IV. Judicial Review is considered a part of the basic structure.
Which of the above statements are correct?
Explanation
The Basic Structure Doctrine was propounded in the Kesavananda Bharati case (1973), not Golaknath. It prevents Parliament from altering the Constitution’s core features. While the court has identified several features, like judicial review, as part of this structure, it has not provided an exhaustive or final list. This allows the doctrine to evolve through various judicial interpretations over different periods.
Q38. Which of the following is an exception to the rule of Locus Standi in Indian judicial proceedings?
Explanation
Traditionally, the rule of locus standi requires that only a person whose rights are violated can move the court. Public Interest Litigation serves as a major exception to this rule. It allows any public-spirited citizen or organization to file a petition on behalf of those who, due to poverty or disability, cannot approach the court for legal redressal themselves.
Q39. The Contempt of Courts Act currently in force in India was enacted in which year?
Explanation
The Contempt of Courts Act, 1971, is the current legislation governing contempt proceedings in India. It was enacted to define and limit the powers of certain courts in punishing for contempt and to regulate their procedure. The Act categorizes contempt into civil and criminal types, providing a legal framework to balance judicial authority with the right to free and fair criticism.
Q40. Consider the following statements regarding Contempt of Court:
I. Contempt of court is categorized into civil contempt and criminal contempt.
II. Civil contempt means willful disobedience to any judgment, decree, direction, order or writ of a court.
III. Criminal contempt includes any act which scandalizes or lowers the authority of any court.
IV. Innocent publication and distribution of matter is a valid defense against contempt.
V. Fair and accurate report of a judicial proceeding constitutes criminal contempt.
Which of the above statements are correct?
I. Contempt of court is categorized into civil contempt and criminal contempt.
II. Civil contempt means willful disobedience to any judgment, decree, direction, order or writ of a court.
III. Criminal contempt includes any act which scandalizes or lowers the authority of any court.
IV. Innocent publication and distribution of matter is a valid defense against contempt.
V. Fair and accurate report of a judicial proceeding constitutes criminal contempt.
Which of the above statements are correct?
Explanation
Contempt is divided into civil and criminal categories. Civil contempt involves willful disobedience of court orders, while criminal contempt includes acts that scandalize the court. Defenses include innocent publication or accurate reporting. However, a fair and accurate report of a judicial proceeding is specifically protected and does not constitute contempt, making the final statement in the question incorrect and false.Answer key for these questions
| Q | Correct answer |
|---|---|
| 31 | (a) Judicial Activism |
| 32 | (b) Justice P.N. Bhagwati |
| 33 | (b) United States of America |
| 34 | (a) A-ii, B-iv, C-iii, D-i |
| 35 | (c) Activism involves interpreting the Constitution to address social injustices, whereas restraint defers to elected branches. |
| 36 | (d) Filing a petition by a political rival purely for political gain or a personal private vendetta. |
| 37 | (a) II and IV only |
| 38 | (b) Public Interest Litigation (PIL) |
| 39 | (b) 1971 |
| 40 | (a) I, II, III and IV 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.