C L A S S E S

Indian
Polity

ª Detailed Theory of Polity Rajasthan

ª Practical Questions with Solutions AIR-24

SSC (CGL)-2011

SSC
CDS
Raja Sir
Director BANK Income Tax Inspector
rAILWAY
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Chapter –10
Union Judiciary

• The union Judiciary Investigation and Proof of the misbehavior or incapacity of

• The Supreme Court Judge under Clause.
The Supreme Court of India succeeded the Federal court of Article: 124 (6) Oath or Affirmation: -
India, established under the Government of India Act Before taking the office of a judge of the supreme court
1935. take oath before the president or Any person appointed by
It was Inaugurated on 28th January 1950. him.
Article: 124 to 147 in Part V of the constitution deal with Article: 124 (7) No Person who has held office as a Judge
the Supreme Court. of the supreme court shall plead or act in any court of
before any authority within the territory of India.
Article: 124(1) Establishment and constitution of
Supreme Court. Article: 125: -Salaries and Allowances of Judges.
At present the Supreme Court consists of thirty The Salaries, Allowances, Privileges, leave and pension of
the Judges of the supreme court are determined from time
One judges one chief Justice and 33 other judges.
to time by parliament.
Article: 124 (2) Appointment of Judges
In 2017, the salary of the chief justice was Increased from
The Chief Justice is appointed by President. The other Rs. 1 lakh per month to 2,80,000, per month and that of
Judges are appointed by president after consultation with Judges from 90,000 to Rs. 2,50,000 per month.
the chief Justice and such other Judges of the Supreme
They are also paid sumptuary allowance and provided
Court and High courts as he deems necessary.
with free accommodation and other facilities like medical
Article: 124 (2) tenure of Judges car, telephone, etc.
The Constitution has not fixed the tenure of a judge of the The retired chief justice and judges are entitled to 50 per
supreme court. However,it makes the following three cent of their last drown salary as monthly pension.
provisions in this regard.
Article: 126Appointment of acting Chief Justice
(i) He holds office until he attains the age of 65 years.
The President Can appoint a judge of the supreme court as
(ii) He can resign his office by writing to the president. an Acting chief Justice of India when: -
(iii) He can be removing from, his office by the president (i) The office of chief Justice of India is vacant.
on the recommendation of the Parliament.
(ii) The chief Justice of India temporarily absent.
Article: 124 (3) Qualification of Judges:-
(iii) The chief Justice of India is unable to perform the
(i) He should be a citizen of India. duties of his office.
(ii) He should have been a judge of a High court for five Article: 127Appointment of Ad- hoc- Judges
years. Or he should have been an advocate of High court
When there should not be a quorum of the permanent
(or court in succession) for ten years. or He is the
Judges to hold or continue any session of the supreme
distinguish juristin the Information of the president.
court, the chief Justice of India can Appoint a Judge of a
Article: 124 (4) Removal of Judges. High court as an Ad – Hoc Judge of the Supreme court for a
Supreme Court’s Judge may be removed from his office by temporary period.
an order of the president passed after an address by each Article: -128Provision for Retired Judge
House of Parliament by a majority of not less than two –
Retired Judges of SC and HC maybe requested with prior
thirds of the members of that house present and voting on
consent of the president to sit and function as the judge of
the ground of proved misbehavior or incapacity.
the supreme court.
A Removal motion signed by 100 members of Lok Sabha
Article: -129A court of Record
or 5o members of Rajya Sabha is to be given to the
Speaker/Chairman. As a court of Record Supreme court as two powers: -
Article: 124(5)Parliamentmake law regulate the (i) The Judgment, Proceedings and acts of supreme court
procedure for the presentation of an address and for the are recorded for perpetual memory and testimony. these
records are admitted to be of evidentiary value and cannot

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be questioned when produced before any court. The Article: -135 Jurisdictions and power of the federal
recognized as precedent and legal references. court under existing law to be exercisable by the
(ii) It has power to punish for Contempt of Court. Supreme Court.
Until, Parliament by law otherwise Provides, the supreme
court shall also have Jurisdiction and powers with respect
• Article: -130 Seat of the Supreme court
to any matter to which the provisions of Article134 or 133
The Supreme court shall sit in Delhi or in such other place do not Apply if Jurisdiction and in relation to that matter
or places, as the chief Justice of India may, with the were exercisable by the federal court immediately before the
Approval of the President, from time to time Appoint commencement this constitution under any existing law.
Note: - So far, the Supreme Court has held its meeting in Article: -136Special leave to appeal by the supreme
Srinagar and Delhi. court.
Jurisdiction and powers of Supreme court Article: -137 Review of Judgments or orders by the
1. Article: -131: Primary Jurisdiction supreme court.
There are some topics and areas where the right to hear Subject to the provisions of any law made by Parliament
only on the supreme court. which is as follows- or any rules made under Article: 145, the Supreme court
(i) The centre and one or more states shall have power to review any Judgment pronounced or
(ii) The centre and any state or States on one side and one order made by it.
or more states on the other Article-138: Enlargement of the Jurisdiction of the S.C.
(iii) Between two or more states. Article-139: Writ Jurisdiction
Appellate Jurisdiction: - The Constitution has constituted the supreme court as the
Article: -132: Appeals in constitutional matters. guarantor and defender of the of the fundamental Rights
of citizens. the supreme court is empowered to Issue writs
In the Constitutional case, An Appeal can be made in the
in including Habeas corpus, mandamus, prohibition,
supreme court, against the Judgment of a High court is the
quo- warrant and certiorari.
High court Certifies that the case involves a substantial
question of law that requires the Interpretation of the for the enforcement of the fundamental rights of an
constitution. aggrieved citizen.

Article: -133: Civil matter Article: 139 A Transfer of certain cases

In Civil matter cases an Appeal lies to the supreme court Article: 140 Ancillary Powers of supreme court
from any Judgment of a High court if the high court Article: 141 Law declared by supreme court to be
certifies binding on all courts.
(i) That the case Involves a substantial question of law of Article: 142 Inforcement of decrees and orders of
general Importance supreme court and orders as to discovery etc.
(ii) That the question needs to be decided by the supreme Article: 143 Advisory Jurisdiction.
court. Constitution Authorizes President to seek the Opinion of
Note: Originally, only those civil cases that Involved a sum Supreme court.
of Rs. 20000 could be appealed before the supreme court. It should be noted that the Advice tendered by the
But this monetary limit was Removed by 30th Supreme court under Article: 143 is not a Judicial
constitutional Amendment Act of 1972. Pronouncement and hence it is not binding on the
Article: -134: Appeals in criminal matters; Government.
The supreme court hears Appeals against the Judgment in Article: 144: Civil and Judicial authorities to act in aid
a criminal proceeding of a high court if the high court- of the supreme court.
(i) Has on appeal reversed on order of acquittal of an all Authorities, civil and Judicial, in the territory of India
accused person and sentenced him to death. shall act in aid of the supreme court.
(ii) It has taken before itself Any case from any Article: -145: Rule of the court.
subordinate court and Convicted the accused person and Article: -146: officers and servants and the expenses of
sentenced him to death. the Supreme court.
(iii) Certifies that the case in a fit one for Appeal to the Article: 147: Interpretation
supreme court (Article: -134 A.) Power of Judicial Review

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Judicial Review is the power of the Supreme Court to
examine the constitutionality of legislative enactments 6. Which one among the following writs literally means ‘you
and executive orders of both the central and state may have the body’? [CDS 2012]
governmenton examination, if they are found to be (a) Certiorari (b) Habeas corpus
violating the constitution, they can be declared as illegal. (c) Mandamus (d) Quo warranto
Unconstitutional and invalid by the supreme court. 7. Who/which of the following is the custodian of the
Consequently, they cannot be In forced by the Constitution of India? [UPSC 2015]
Government. (a) The Parliament of India
(b) The Prime Minister of India
(c) The Lok Sabha Secretariat
LEVEL - 1 (d) The Supreme Court of India
1. In the appointment of the Judges of the Supreme 8. The power of the Supreme Court of India to decide disputes
Court, the recommendations of the collegium between the Centre and the States falls under its [UPSC
consisting of the chief Justice of India and four of the 2014, CDS 2013]
senior most Judges of the Supreme Court is binding (a) advisory jurisdiction
on the President of India, because: (b) appellate jurisdiction
(a) It is so provided in the Constitution of India (c) original jurisdiction
(b) It has been the consistent practice for a long time (d) writ jurisdiction
(c) It has been laid down by the Parliament 9. Electoral disputes arising out of presidential and vice
presidential elections are settled by [CDS 2013]
(d) It has been laid down by the Supreme Court
(a) Election Commission of India
2. Which one of the following is directly related to the
(b) Joint committee of Parliament
Appellate jurisdiction of the Supreme Court of India?
(c) Supreme Court of India
(a) Appeals made in civil, criminal and constitutional
(d) Speaker of Lok Sabha
cases
10. The President of the USA appoints Supreme Court judges.
(b) Appeals made in constitutional cases only [SSC (CGL) 2014]
(c) Adjudication of disputes between the Union and (a) With senate’s consent
the states (b) at his discretion
(d) Adjudication of disputes between the states (c) with consent of the Houses of Representatives
3. How can the number of Judges in the Supreme Court (d) None of the above
of India be increased?
(a) By a Presidential notification 11. The system of Judicial Review exists in
(b) By a Parliamentary Act (a) India only (b) UK only
(c) By an Amendment of the Constitution of India (c) USA only (d) India and USA
(d) By a Representation from the Supreme court 12. Which Article of the constitution permits the Supreme
Court to review its own judgment or order?
4. In order to remove a judge of the Supreme Court, the
President is required by the Constitution to receive (a) Article 137 (b) Article 138
an address by each House of Parliament supported by (c) Article 139 (d) Article 140
a majority of the membership of the House, and by a 13. Who is the custodian of India Constitution?
prescribed majority of members of the Hose present (a) President (b) Parliament
and voting. The Prescribed majority is (c) Council of Ministers
(a) One – third (b) One – half (d) Supreme court
(c) Two –thirds (d) Three-fourths 14. Who among the following 1st Chief Justice of India
5. The jurisdiction of the supreme court of India may be (a) H J Kania (b)M P Sastri
enlarged by: (c) K Subha Rao (d) AK Sarkar
(a) Parliament by law 15. The Largest constitutional bench of 13 Judge Bench
delivered judgement in which of the following case
(b) Parliament by resolution
(a) Vishakha case
(c) The president
(b) Kesavananda Bharti case
(d) The president in consultation with the Chief
(c) Shreya Singhal case
Justice of India
(d) Golak Nath case

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16. When there is a vacancy in the office of the President and
the Vice-president at the same time, the office is held
LEVEL - 2
temporarily by 1. Which one of the following is not an essential
(a) The prime minister condition for appointment as a judge of the Supreme
(b) The Chief Justice of India Court?
(c) The Speaker of Lok Sabha (a) A citizen of India
(d) None of the above (b) At least five years’ experience as judge of a High
17. Acting chief justice of the supreme court in India is Court or of two or more such courts in Succession
appointed by the
(c) Must have completed 35 years of age
(a) Chief Justice of Supreme Court
(d) At least ten years’ experience as an advocate of a
(b) Prime minister
High Court or of two or more such Courts in
(c) President
Succession
(d) Law minister
2. When the Chief Justice of India is appointed by the
18. Who has the right to seek advisory opinion of the supreme
court of India, on any question of law? President, he is required to consult:
(a) Prime Minister (b) President (a) The Council of Ministers and all the Judges of the
(c) Any judge of high court (d) All of the above Supreme Court
19. The power of the supreme court of India to decide the (b) The Prime Minister, the Law Minister and the
disputes between the centre and the states falls under its Attorney – General of India
(a) Advisory Jurisdiction (c) Such of the Minister of the Cabinet and the Prime
(b) Appellate Jurisdiction Minister as he deems necessary
(c) Constitutional Jurisdiction (d) Such of the Judges of the Supreme Court and High
(d) Original Jurisdiction Courts as he deems necessary
20. What does the ‘Judicial Review’ function of the Supreme 3. The Supreme Court of India is different from its
Court mean?
counterpart in the U.S.A.:
(a) Review its own Judgment
(a) In its role as the guardian of the Constitution
(b) Review the functioning of judiciary in the country
(c) Examine the constitutional validity of the laws
(b) In its advisory role
(d) Undertake periodic review of the constitution (c) In its role as the supreme authority in the Judicial
21. The disputes regarding the election of the President and field in the country
Vice-President of India are decided by the (d) In its writ Jurisdiction
(a) Parliament (b) Election Commission 4. Which of the following has jurisdiction to decide a
(c) Supreme Court (d) High Court dispute between Central Government and a state
22. How many types of writs can be issued by the Supreme Government?
court?
(a) Inter – State Council
(a) 2 (b) 3
(b) High court under Article: 226 of the Constitution
(c) 5 (d) 6
of India
23. The Supreme Court of India enjoys
(c) Supreme Court under Article: 143 of the
(a) Original Jurisdiction
Constitution of India
(b) Advisory Jurisdiction
(d) Supreme Court under Article: 131 of the
(c) Appellate and Advisory Jurisdictions
Constitution of India
(d) Original Appellate and Advisory Jurisdictions
5. Judicial Review in the India Constitution is based on:
24. What makes the Judiciary the guardian of the constitution?
(a) Independence (a) Procedure established by law
(b) Service conditions (b) Due process of Law
(c) Salary (c) Rule of Law
(d) Judicial Review (d) Precedents and conventions
25. Public interest Litigation (PIL) may be linked with 6. On which of the following grounds can a Judge of the
(a) Judicial review (b) Judicial activism Supreme Court be impeached?
(c) Judicial intervention 1. Violation of the Constitution.
(d) Judicial sanctity 2. Proved misbehavior.

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3. Incapacity to act as a judge. (c) Article 138 : Enlargement of Supreme court
Select the correct answer using the codes given below Jurisdiction
[NDA 2009] (d) Article 140 : Enforcement of decrees
(a) Only 1 (b) Only 2 15. Who among the following can establish a common High
Court for two or more states?
(c) 1, 2 and 3 (d) 2 and 3
(a) The President
7. The two provisions of the Constitution of India that most
clearly express the power of judicial review are [NDA (b) The President in consultation with the Chief Justice of
2015] India
(a) Article 21 and Article 446 (c) The Parliament by law
(b) Article 32 and Article 226 (d) None of the above
(c) Article 44 and Article 152 16. Who can appoint a District Judge?
(d) Article 17 and Article 143 (a) Governor in consultation with the High Court
8. Which of the following courts in India is/are known as the (b) Governor alone
Court(s) of Records? (c) Governor in consultation with the High Court and the
(a) The High Courts only Public Service Commission
(b) The Supreme Court only (d) Governor in consultation with the Public service
Commission alone
(c) The High Courts and Supreme Court
17. Which of the following procedures are necessary for
(d) The District Courts
appointment chief justice of the high court?
9. The ‘Basic Structure Doctrine’ was enunciated by the
1. Consent of the chief justice of the India
Supreme Court during the [NDA 2015]
2. Consultation with the governor of the state
(a) Golak Nath case (b) Maneka Gandhi case
3. Consultation of the chief justice of the high court
(c) Kesavanda Bharati case (d) SR Bommai case
4. Consultation with the president
10. The Supreme Court of India tenders advice to the President
on a matter of law or fact [UPSC 2001] Codes
(a) on its own initiative (a) 1 and 2 (b) 1 and 3
(b) only if he seeks such advice (c)2 and 4 (d) 3 and 4
(c) only if the matter relates to the Fundamental Rights of 18. The seat of the Supreme Court shall be in
citizens (a) Such other places as the parliament may decide
(d) only if the issue poses a threat to the and integrity of the (b) Such other places as chief justice of India may with the
country approval of the parliament may appoint
11. Who was the Chief justice of India when Public Interest (c) Such other places as chief justice of India may with the
Litigation (PIL) was introduced to the Indian Judicial approval of the president may appoint
System? (d) New Delhi only
(a) M Hidayatullah (b) AM Ahmadi 19. Under Article 136, any person can move to the Supreme
(c) PN Bhagwati (d) AS Anand Court for special leave
12. In which of the following judgments of the constitutional (a) As a matter of right
bench of the supreme court of India, the rarest of the rear (b) It is Supreme Court discretion to grant the grant such
principle in the award of the death penalty was first laid leave
down?
(c) Both a and b
(a) Bachansingh Vs. State of Punjab (1980)
(d) None of the above
(b) Gopalanachari Vs. state of UP (1983)
20. When the office of the Chief Justice of India of vacant, the
(c) Dr. Upendra baxi Vs. State of UP duties of his office shall be performed by
(d) Tukaram Vs. State of Maharashtra (a) such other judge of the Supreme Court as the
13. The system of the PIL has been introduced in India Parliament may appoint
(a) Through constitutional amendments (b) such other Judge of the supreme court as the President
(b) By judicial initiative may appoint
(c) By political initiative (c) such other Judge of the Supreme Court as the Chief
justice may appoint
(d) By parliamentary act
(d) All of the above
14. Which of the following is not correctly matched?
21. Which of the following is/are correct/
Article Deals with
1. A supreme court is the court of record and has power to
(a) Article 135 : Federal court jurisdiction
punish for its own contempt
(b) Article 137 : Review of judgment by Supreme Court

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2. A judge of Supreme Court can practice in any court or in
any authority throughout India only after his retirement Solutions
Codes
(a) only1 (b) Only 2 Level - 1
(c)1 and 2 (d) neither 1 nor 2 1. (d) Previously, under the collegiums system, five top
22. Under which law it is prescribed that all proceedings in the judges of the Supreme Court recommended transfer
Supreme Court of India shall be in English language? and elevation of judges to Supreme Court and high
[CDS 2012] court.
(a) The Supreme Court Rules, 1966
2. (a)The appellate jurisdiction of the Supreme Court
(b) A Legislation made by the Parliament
can be invoked by a certificate granted by the High
(c) Article 145 of the Constitution of India
Court concerned under Article: 132(1), 133(1) or 134
(d) Article 348 of the Constitution of India of the Constitution in respect of any judgments,
23. The minimum number of Judge of the Supreme Court decree or final order of a High Court in both civil and
required for hearing any case involving interpretation of
criminal cases.
the constitution is [UPPCS 2012]
(a) 10 (b) 9
3. (b) There are currently 31 judges (including Chief
Justice of India) against a maximum possible strength
(c) 7 (d) 5
of 31. As per the Constitution of India, judges of the
24. When of the following statements with respect to the
judiciary in India is/are correct? [CDS 2011] Supreme Court retire at age 65. Justice Ranjan Gogoi
is the 46th Chief Justice of India. He was sworn in on
1. Unlike in the USA, India has not provided for a double
system of courts. 3 October 2018.
2. Under the Constitution of India, there is a single 4. (c)Article: 124(4) of the Constitution of India states:
integrated system of courts for the union as well as the “A Judge of the Supreme Court shall not be removed
states. from his office except by an order of the President
3. The organization of the subordinate judiciary varies passed after an address by each House of Parliament
slightly from state to state.
supported by a majority of the total membership of
Select the correct answer using the codes given below that House and by a majority of not less than two-
(a) Only 1 (b) 1 and 2 thirds
(c)1, 2 and 3 (d) 2 and 3
5. (a)Jurisdiction and powers of the Federal Court
25. Consider the following statements [MPSC 2015] under existing law to be exercisable by the Supreme
1. In Britain, no judicial review of legislation is permitted. Court until Parliament by law otherwise provides, the
2. Judiciary in India is not as supreme as in the USA which Supreme Court shall also have jurisdiction and
recognizes no limit on the scope of judicial review. powers
(a) Statement 1 is correct, 2 is false.
6. (b)A writ of habeas corpus (which literally means to
(b) Statement 1 is false, 2 is correct.
"produce the body") is a court order demanding that
(c) Both the statements are false. a public official (such as a warden) deliver an
(d) Both the statements are correct. imprisoned individual to the court and show a valid
reason for that person's detention.
Mandamus. Means in Latin, We command
They were written in Latin: certiorari “[we wish] to
be made certain"
Quo warranto (Medieval Latin for "by what warrant”)
7. (d) Supreme Court is there to check and balance the
function of the legislature and executive. It is the highest
authority and custodian of the constitution because it is the
interpreter of the constitution.
8. (c)In India, the Supreme Court has original, appellate and
advisory jurisdiction. Its exclusive original jurisdiction
extends to all cases between the Government of India and
the States of India or between Government of India and
states on one side and one or more states on other side or
cases between different states.As per the article 143
president can seek information from the supreme court

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anytime , it is the advisory jurisdiction of the Supreme election of a President and Vice President per Article 71 of
Court. the constitution.
9. (c)The decision of the Supreme Court is final in the Election 22. (c) There is five major types of writs viz. habeas corpus,
disputes. All doubts and disputes relating to the elections to mandamus, prohibition, quo warranto and certiorari. Each
the office of President and Vice-President are dealt with by of them has different meaning and different implications. In
the Supreme Court (Article 71) India, both Supreme Court and High Court have been
10. (a)According to the American Constitution, the president empowered with Writ Jurisdiction.
nominates the judges and with the advice and consent of 23. (d) In India, the Supreme Court has original, appellate and
the Senate, appoints the judge of the Supreme Court. These advisory jurisdiction through article 131, 132, 133 and 134.
judges are appointed for life-time, and they can be removed Its exclusive original jurisdiction extends to all cases
only through impeachment by the Congress. between the Government of India and the States of India or
11. (d) Judicial review is the power of the judiciary to examine between Government of India and states on one side and
the constitutionality of legislative enactments and one or more states on other side or cases between different
executive orders of both the Central and State states.
governments. It was started in USA and followed by many 24. (a) Supreme Court is called the guardian of the constitution
countries like India. because the Supreme Court is given the power to protect,
12. (a) Article -137: Under it Supreme Court can review its safeguard, and uphold the constitution and empower to
own judgments declare a law null and void if it is found to be inconsistent
with the constitution.
Artical-138: Enlargement of the jurisdiction of the Supreme
Court 25. (b) PIL is a petition that an individual or a non-government
organization or citizen groups, can file in the court seeking
Artical-139: Conferment on the Supreme Court of powers
justice in an issue that has a larger public interest. It aims at
to issue certain writs
giving common people an access to the judiciary to obtain
Artical-140: Ancillary powers of Supreme Court legal redress for a greater cause. (Under article 32 and
13. (d) Supreme Court is the guardian and custodian of Indian 226.)
constitution because Supreme Court has the right to
judicial review.
14. (a) Since the birth of the Republic of India on 26 January LEVEL - 2
1950, 46 people have served as the Chief Justice of India
(CJI). While H. J. Kania is the inaugural CJI, the current 1. (c)Minimum age for judges of Supreme Court has not
incumbent is Ranjan Gogoi who is appointed as Chief been determined.
Justice of India. 2. (d)Every Judge of the Supreme Court shall be
15. (b) The Kesavananda Bharati judgement is a landmark appointed by the President by warrant under his
decision of the Supreme Court of India that outlined the hand and seal after consultation with such of the
basic structure doctrine of the Constitution. And also
Judges of the Supreme Court and of the High Courts
defined the right to property issue.This judgment was given
by a 13 judges batch on 23rd march, 1973. in the States as the President may deem necessary for
16. (b) Discharge of Functions Act, 1969 of India provides that
the purpose and shall hold office until he attains the
the Chief Justice of India (CJI) shall act as the President of age of sixty five years.
India in the event of the offices of both the President and 3. (b)Article: 143 of the Indian Constitution confers
the Vice President being vacant. upon the Supreme Court advisory jurisdiction. The
17. (c) Under article 126 the president can appoint the acting President may seek the opinion of the Supreme Court
judge of Supreme Court if the seat is vacant. This on any question of law or fact of public importance.
appointment is done with the consult of the chief justice of
India. 4. (d)Original jurisdiction of the Supreme Court Subject
18. (b) Article 143 gives president the right to seek the advice to the provisions of this Constitution, the Supreme
from the Supreme Court. and SC is bound to give the advice. Court shall, to the exclusion of any other court, have
19. (d) Original jurisdiction (Article 131) refers to the right of original jurisdiction in any dispute between the
the Supreme Court to hear a case for the first time. It has Government of India and one or more States.
the exclusive right to hear all cases that deal with disputes 6. (d)A Judge of the Supreme Court shall not be removed from
between states, or between states and the union his office except by an order of the President when
government. parliament passed a resolution with a special majority.
20. (c) Judicial Review refers to the power of the judiciary to Removal on the ground of proved misbehavior or
interpret the constitution and to declare any such law or incapacity— Article 124(4), Constitution of India
order of the legislature and executive void, if it finds them
in conflict the Constitution of India. The Constitution of 7. (b) 32 Remedies for enforcement of rights conferred
India is the supreme law of the land. by the fundamental rights.
21. (c) Supreme Court shall inquire and decide regarding 226 Power of High Courts to issue certain writs.
doubts and disputes arising out of or in connection with the
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Both are give power to SC and HC to judicial review India may, with the approval of the President, from time to
and issuing writs in certain cases. time, appoint.
19. (b) As per the article 136, the Supreme Court may, in its
5. (a)Judicial review is the power of the U.S.A. Supreme
discretion, grant special leave to appeal from any judgment,
Court to decide whether a law or decision by the
decree, determination, sentence or order in any cause or
legislative or executive branches of federal matter passed or made by any court or tribunal in the
government, or any court or agency of the state territory of India.
governments is constitutional. The power of judicial 20. (b) When the post of CJI is vacant than the other judge of
review was established in 1803 by Supreme Court. the supreme court is appointed by the president and he is
8. (c) 141 Law declared by Supreme Court to be binding on all the senior mot judge of the supreme court.
courts. 21. (a) As per the article 129 Supreme Court to be a court of
215 High Courts to be courts of record. By these articles SC record and can review and alter its own judgment. By the
and HC are the court of records. case of keshwanandbharti case Supreme court alter the
judgment of berubari union. A Person who has retired as a
9. (c) In 1967, the Supreme Court reversed its earlier
judge of the Supreme Court is debarred from practicing in
decisions in Golaknath v. State of Punjab. It held that any court of law or before any other authority in India.
Fundamental Rights included in Part III of the Constitution However, Supreme Court and high court judges are
are given a "transcendental position" and are beyond the appointed to various posts in tribunals and commissions,
reach of Parliament. And basic structure concept was given after their retirement.
by the keshvanandbharti case of 1973.
22. (d) Article - 348: Language to be used in the Supreme Court
10. (b) The SC has to give the advice to the president whenever and in the High Courts and for Acts, Bills, etc. Through this
he is seeking it but president is not bound to the advice of Article Supreme court and High Court should use English
the SC. language.
11. (c) The concept of Public Interest Litigation (PIL) is in 23. (d) Constitution bench is the name given to the benches of
consonance with the principles enshrined in Article 39A the Supreme Court of India which consist of at least five
of the Constitution of India to protect and deliver prompt judges of the court which sit to decide any case “involving a
social justice with the help of law. Justice P. N. Bhagwati substantial question of law as to the interpretation” of the
and Justice V. R. Krishna Ayer were among the first Constitution of India or "for the purpose of hearing any
judges to admit PILs in court. Aziz Mushabber Ahmadi was reference" made by the President of India under Article
the 26th Chief Justice of India. Adarsh Sein Anand was the 143.
29th Chief Justice of India.
24. (c) Indian judiciary is the integrated judiciary with
12. (a)Bachan Singh vs. State of Punjab (1980). The Supreme Supreme Court as its head and supported by the high court
Court of India ruled that the death penalty should be and the subordinated courts. And sub ordinated courts are
imposed only in "the rarest of rare cases." varying state to state. India has the single court system
13. (b) The PIL was introduced by the justice p n bhagavati by while USA has the double system of courts, there is courts
his discretion, so it was a judicial initiative. Now it came are at the center as well as the states with different laws.
under Article 39A.
14. (d) Article 140: Ancillary powers of Supreme Court means 25. (d) There is no written constitution in Britain, there is no
Article 142: Enforcement of decrees and orders of Supreme judicial review is not functioned, while this concept is given
Court and orders as to discovery, etc. by the USA, while in India there is fusion of both. In India
15. (c) As per the article 231, Parliament may by law establish there is a procedure established by law while in USA there
a common High Court for two or more States or for two or is due process of law.
more States and a Union territory. This bill should be
passed by special majority in the parliament.
16. (a) The judges of subordinate courts are appointed by the
governor in consultation with the chief justice of the high
court of the concerned state. District judge is the highest
judicial authority of a district. For appointment he should
have 7 years experience and selected through a written
exam and interview.
17. (a) The Chief Justice of a High Court is appointed by the
President with the consultation of the Chief Justice of the
Supreme Court and the Governor of the State. The other
judges are appointed by the will of President, Governor and
the Chief Justice of High Court.
18. (c) As per the article 130 the Supreme Court shall sit in
Delhi or in such other place or places, as the Chief Justice of

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