Q41. The power of the Supreme Court to punish for contempt of itself is derived from which Article of the Constitution?
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 41–50 of 61 questions
Q42. Arrange the following steps involved in the removal of a Supreme Court judge in the correct chronological order:
I. A removal motion signed by the requisite number of members is given to the Speaker/ Chairman.
II. The Speaker/Chairman forms a three-member committee to investigate the charges.
III. The motion is passed by a special majority of each House of Parliament.
IV. The President passes an order removing the judge.
V. The committee submits its report stating the judge is guilty of misbehaviour or incapacity.
Select the correct order:
I. A removal motion signed by the requisite number of members is given to the Speaker/ Chairman.
II. The Speaker/Chairman forms a three-member committee to investigate the charges.
III. The motion is passed by a special majority of each House of Parliament.
IV. The President passes an order removing the judge.
V. The committee submits its report stating the judge is guilty of misbehaviour or incapacity.
Select the correct order:
Explanation
The removal process begins with a motion signed by 100 Lok Sabha or 50 Rajya Sabha members. The Speaker or Chairman then appoints a three-member investigation committee. If the committee finds the judge guilty, the motion is debated and must be passed by a special majority in both Houses. Finally, the President issues an order for the judge’s official removal.
Q43. Given below are two statements:
Statement I: The Supreme Court has held that truth is a valid defence in contempt proceedings.
Statement II: The Contempt of Courts Act, 1971 was amended in 2006 to explicitly include truth as a defence provided it is in public interest and bona fide.
Which one of the following is correct in respect of the above statements?
Statement I: The Supreme Court has held that truth is a valid defence in contempt proceedings.
Statement II: The Contempt of Courts Act, 1971 was amended in 2006 to explicitly include truth as a defence provided it is in public interest and bona fide.
Which one of the following is correct in respect of the above statements?
Explanation
Previously, truth was not an accepted defense in contempt proceedings. However, following the 2006 amendment to the Contempt of Courts Act, 1971, the law explicitly allows truth as a valid defense. This is applicable only if the statement is made in the public interest and is bona fide. This change ensures that honest and justified criticism is not unfairly penalized.
Q44. Match List I with List II:
Choose the correct code:
| Type of Contempt Action | Category |
|---|---|
| A. Wilful breach of an undertaking given to a court | i. Criminal Contempt |
| B. Prejudicing or interfering with the due course of any judicial proceeding | ii. Civil Contempt |
| C. Wilful disobedience of a court decree | iii. Criminal Contempt |
| D. Lowering the authority of a court | iv. Civil Contempt |
Explanation
Civil contempt involves willful disobedience of a court’s judgment or a breach of an undertaking. Criminal contempt includes acts that scandalize the court, lower its authority, or interfere with the due course of judicial proceedings. By matching these definitions, wilful breach and disobedience fall under civil contempt, while prejudicing proceedings or lowering judicial authority are categorized as criminal contempt.
Q45. In the context of judicial relations between the Supreme Court and High Courts, which of the following is a correct statement?
Explanation
Under Article 139A, the Supreme Court has the power to transfer cases pending before one High Court to another High Court. It can also withdraw cases pending in High Courts to itself if they involve substantially the same questions of law. High Courts are not administratively subordinate to the Supreme Court but are part of an integrated, yet independent, judicial hierarchy.
Q46. What is the fundamental difference in the writ jurisdiction of the Supreme Court (Article 32) and the High Courts (Article 226)?
Explanation
The writ jurisdiction of the Supreme Court under Article 32 is narrower in scope as it is limited to the enforcement of Fundamental Rights. In contrast, High Courts under Article 226 have a broader jurisdiction; they can issue writs not only for Fundamental Rights but also for any other purpose, which includes the enforcement of ordinary legal or constitutional rights.
Q47. Given below are two statements, one labelled as
Assertion (A) and the other as Reason (R):
Assertion (A): Article 32 is a basic feature of the Constitution and cannot be curtailed even by an amendment.
Reason (R): Article 32 provides a guaranteed remedy for the enforcement of Fundamental Rights and is itself a Fundamental Right. In the context of the above, which one of the following is correct?
Assertion (A) and the other as Reason (R):
Assertion (A): Article 32 is a basic feature of the Constitution and cannot be curtailed even by an amendment.
Reason (R): Article 32 provides a guaranteed remedy for the enforcement of Fundamental Rights and is itself a Fundamental Right. In the context of the above, which one of the following is correct?
Explanation
Article 32 is considered the heart and soul of the Constitution because it provides a guaranteed remedy for the enforcement of Fundamental Rights. Since it is itself a Fundamental Right, it cannot be taken away even by a constitutional amendment. The Supreme Court has affirmed that this right to move the court for constitutional remedies is an essential basic feature.
Q48. Consider the following statements regarding Judicial Activism in India:
I. It involves the judiciary stepping into the domains of the executive and the legislature.
II. It is often justified by the failure of the executive and legislative branches to act on critical issues.
III. It relies heavily on the mechanism of Public Interest Litigation (PIL).
IV. It was officially incorporated into the Constitution via the 42nd Amendment.
Which of the above statements are correct?
I. It involves the judiciary stepping into the domains of the executive and the legislature.
II. It is often justified by the failure of the executive and legislative branches to act on critical issues.
III. It relies heavily on the mechanism of Public Interest Litigation (PIL).
IV. It was officially incorporated into the Constitution via the 42nd Amendment.
Which of the above statements are correct?
Explanation
Judicial activism involves the judiciary taking a proactive role to ensure justice, often by stepping into legislative or executive domains when they fail to act. It relies significantly on Public Interest Litigation to address broad social issues. However, it was never officially incorporated into the Constitution via the 42nd Amendment or any other amendment; it evolved through judicial practice and interpretation.
Q49. Find the odd one out among the following writs:
Explanation
Mandamus, Prohibition, and Certiorari are constitutional writs specifically mentioned in Articles 32 and 226 for the enforcement of rights. An injunction, however, is a general equitable remedy or a civil court order requiring a party to do or refrain from doing specific acts. It is not categorized as one of the five prerogative writs derived from the English common law tradition.
Q50. Which principle of Judicial Restraint prevents the courts from ruling on an issue unless it is absolutely necessary to resolve an actual dispute?
Explanation
The Doctrine of Mootness is a principle of judicial restraint where a court declines to decide a case because the issues involved are no longer live or have already been resolved. Courts avoid ruling on abstract or hypothetical questions where a judgment would have no practical effect on the parties involved. This ensures that judicial resources are focused on actual, ongoing disputes.Answer key for these questions
| Q | Correct answer |
|---|---|
| 41 | (a) Article 129 |
| 42 | (a) I, II, V, III, IV |
| 43 | (a) Both Statement I and Statement II are correct and Statement II is the correct explanation for Statement I. |
| 44 | (a) A-ii, B-i, C-iv, D-iii |
| 45 | (c) The Supreme Court can transfer a case pending in one High Court to another High Court. |
| 46 | (d) The Supreme Court can issue writs only for fundamental rights, whereas High Courts can issue for other rights. |
| 47 | (a) Both A and R are true and R is the correct explanation of A. |
| 48 | (a) I, II and III only |
| 49 | (a) Injunction |
| 50 | (d) Doctrine of Mootness |
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.