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All questions of Judicial Review, Activism & PIL for UPSC CSE Exam

What was the outcome of the "Shreya Singhal vs. Union of India" case?
  • a)
    Right to a healthy environment recognized
  • b)
    Section 66A, curbing free speech, was quashed
  • c)
    Implementation of Constitutional provisions ensured
  • d)
    Prisoners gained access to free legal aid
Correct answer is option 'B'. Can you explain this answer?

Nidhi Shah answered
Outcome of "Shreya Singhal vs. Union of India"
The landmark case "Shreya Singhal vs. Union of India" was decided by the Supreme Court of India in March 2015. The primary focus of this case was on the constitutionality of Section 66A of the Information Technology Act, 2000, which dealt with offensive messages sent through communication service, etc.

Quashing of Section 66A
- The Supreme Court ruled that Section 66A was unconstitutional.
- The court stated that the provision imposed unreasonable restrictions on free speech, violating Article 19(1)(a) of the Indian Constitution.
- It highlighted that the language of Section 66A was vague and broad, leading to potential misuse and arbitrary enforcement by authorities.

Significance of the Ruling
- The quashing of Section 66A marked a significant victory for the right to free expression in India.
- It reinforced the importance of safeguarding individual rights against overreach by the state in the digital age.
- This ruling set a precedent for future cases related to freedom of speech and expression, encouraging a more liberal interpretation of these rights.

Wider Implications
- The decision has had a lasting impact on the legal landscape regarding digital communication in India.
- It encourages a more responsible approach towards regulating online speech without infringing upon fundamental rights.
In summary, the correct answer to the question is option 'B': Section 66A, curbing free speech, was quashed, highlighting the court's commitment to upholding constitutional rights in the context of evolving digital communication.

Under which article of the Indian Constitution can a High Court issue writs for the enforcement of fundamental rights and for any other purpose?
  • a)
    Article 226
  • b)
    Article 142
  • c)
    Article 124
  • d)
    Article 137
Correct answer is option 'A'. Can you explain this answer?

Prasad Basu answered
The correct answer is option 'A', Article 226.

Explanation:
Article 226 of the Indian Constitution empowers the High Courts to issue writs for the enforcement of fundamental rights as well as for any other purpose.

Writs are judicial orders issued by the courts to protect the rights of individuals and to ensure that the government and its agencies function within the limits of the law. These writs are powerful tools that help in safeguarding the rights of citizens and providing them with an effective remedy in case of any violation.

The High Courts have the power to issue five types of writs, namely:
1. Habeas Corpus: This writ is issued to ensure the production of a person who has been unlawfully detained, and it directs the authorities to produce the detained person before the court to determine the legality of the detention.
2. Mandamus: This writ is issued to public officials or authorities to perform their official duties that they have refused or failed to perform. It essentially commands the concerned authority to do a particular act.
3. Prohibition: This writ is issued to lower courts or tribunals to prevent them from exceeding their jurisdiction or acting in excess of their powers.
4. Certiorari: This writ is issued to quash the orders or decisions of lower courts or tribunals that are found to be without jurisdiction or in violation of the principles of natural justice.
5. Quo Warranto: This writ is issued to inquire into the legality of a person holding a public office and to determine whether they have the authority or right to hold that office.

The High Courts can issue these writs not only for the enforcement of fundamental rights but also for any other purpose, which includes cases of public interest and the protection of individual rights. Article 226 grants the High Courts wide discretionary powers to issue these writs and ensure justice and fairness in the administration of law.

In conclusion, Article 226 of the Indian Constitution empowers the High Courts to issue writs for the enforcement of fundamental rights and for any other purpose. These writs serve as essential tools in protecting the rights of individuals and ensuring that the government functions within the boundaries of the law.

What is the primary concern associated with Judicial Activism?
  • a)
    Undermining the principle of judicial review.
  • b)
    Weakening the independence of the Judiciary.
  • c)
    Interference in the domains of the Executive and Legislature.
  • d)
    Curtailing the power of Public Interest Litigation.
Correct answer is option 'C'. Can you explain this answer?

The primary concern associated with Judicial Activism is the potential for the Judiciary to excessively interfere in the domains of the Executive and Legislature, going against the principle of separation of powers and the spirit of the Constitution.

Which article of the Indian Constitution confers original jurisdiction upon the Supreme Court to enforce fundamental rights?
  • a)
    Article 124
  • b)
    Article 32
  • c)
    Article 146
  • d)
    Article 125
Correct answer is option 'B'. Can you explain this answer?

Keerthana Shah answered
Article 32 of the Indian Constitution:
Article 32 of the Indian Constitution confers original jurisdiction upon the Supreme Court to enforce fundamental rights. This means that individuals can directly approach the Supreme Court if they believe that their fundamental rights have been violated.

Key Points:
- Original Jurisdiction: Article 32 grants the Supreme Court the power to directly hear petitions related to the violation of fundamental rights. This is a unique feature of the Indian Constitution and is essential for protecting the rights of citizens.
- Fundamental Rights: The fundamental rights are enshrined in Part III of the Indian Constitution and include rights such as the right to equality, right to freedom of speech, right to life and personal liberty, etc.
- Enforcement: The Supreme Court has the authority to issue writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari to enforce fundamental rights.
- Safeguard: Article 32 acts as a safeguard against arbitrary actions by the state and ensures that individuals have a mechanism to seek redressal in case of rights violations.
- Public Interest Litigation (PIL): Article 32 has also been used to initiate Public Interest Litigation cases where the court can take suo moto cognizance of matters affecting public interest.
In conclusion, Article 32 of the Indian Constitution plays a crucial role in upholding and enforcing fundamental rights in the country. It empowers the Supreme Court to act as a protector of citizens' rights and ensures that the principles of justice and equality are upheld.

What factor has contributed to the rise of Judicial Activism in India?
  • a)
    Increase in Executive's efficiency.
  • b)
    Judicial non-intervention.
  • c)
    Failure of other branches of government.
  • d)
    Strong legislative framework.
Correct answer is option 'C'. Can you explain this answer?

Lakshya Ias answered
The rise of Judicial Activism in India can be attributed to the failure of other branches of government, such as the Executive and the Legislature, to address issues effectively. As a result, the Judiciary has taken a more active role in safeguarding citizens' rights and ensuring governance.

What does PIL stand for in the context of the legal system?
  • a)
    Personal Interest Litigation
  • b)
    Private Individual Lawsuit
  • c)
    Public Interest Litigation
  • d)
    Popular Inquiry Legislation
Correct answer is option 'C'. Can you explain this answer?

Public Interest Litigation (PIL) is a legal measure that allows individuals or organizations to approach the court in cases where the public or a particular community's interests are affected. It is not about personal or private interests, but rather concerns matters of public concern.

Which case marked the introduction of the concept of "Public Interest Litigation"?
  • a)
    Golak Nath Case
  • b)
    Kesavananda Bharti Case
  • c)
    Menaka Case
  • d)
    SP Gupta Case
Correct answer is option 'D'. Can you explain this answer?

The concept of "Public Interest Litigation" was introduced and accepted by the Supreme Court in the case of SP Gupta (1981). It allowed individuals and organizations to approach the court on behalf of the public interest, leading to the court's involvement in various governance issues.

Which constitutional provision allows the President, in consultation with the Chief Justice of India, to determine the age of a High Court Judge?
  • a)
    Article 217
  • b)
    Article 144A
  • c)
    Article 124A
  • d)
    Article 215
Correct answer is option 'A'. Can you explain this answer?

Valor Academy answered
Article 217 of the Indian Constitution allows the President, in consultation with the Chief Justice of India, to determine the age of a High Court Judge if any question regarding the Judge's age arises.

What is the central role of PIL in the legal system?
  • a)
    Promoting personal interests
  • b)
    Facilitating political gain
  • c)
    Enforcing separation of powers
  • d)
    Bringing about social change
Correct answer is option 'D'. Can you explain this answer?

Valor Academy answered
The main objective of PIL is to bring social change by addressing issues that impact the larger public and marginalized sections of society, making the legal system more accessible and just.

What is the purpose of Public Interest Litigation (PIL)?
  • a)
    To give more power to the Executive branch.
  • b)
    To restrict the Judiciary's authority in policy matters.
  • c)
    To allow citizens to raise matters of public interest in court.
  • d)
    To limit the rights of citizens to challenge laws.
Correct answer is option 'C'. Can you explain this answer?

Public Interest Litigation (PIL) is a mechanism that allows citizens to raise matters of public interest directly in court. It enables the Judiciary to address issues that impact society and citizens' rights, ensuring that the government's actions are in the interest of the public.

What is the purpose of advisory jurisdiction of the Supreme Court?
  • a)
    To enforce fundamental rights
  • b)
    To issue writs
  • c)
    To hear appeals
  • d)
    To provide advice to the government on legal matters
Correct answer is option 'D'. Can you explain this answer?

Lohit Matani answered
The purpose of advisory jurisdiction of the Supreme Court is to provide advice to the government on legal matters when a question of law or fact of public importance arises.

In what context did the Supreme Court introduce the concept of "All India Judicial Service"?
  • a)
    Reservation in government jobs.
  • b)
    Admission to private professional colleges.
  • c)
    Uniform Civil Code.
  • d)
    Enhancing the judiciary's efficiency.
Correct answer is option 'D'. Can you explain this answer?

Ias Masters answered
The Supreme Court introduced the concept of "All India Judicial Service" in the context of enhancing the efficiency of the judiciary. It aimed to create a uniform system of recruitment and training for judicial officers across the country.

What is the primary role of an independent judiciary in a democracy?
  • a)
    To enforce executive orders
  • b)
    To create new laws
  • c)
    To protect citizens' rights and prevent arbitrary use of governmental authority
  • d)
    To control the military
Correct answer is option 'C'. Can you explain this answer?

Lakshya Ias answered
An independent judiciary in a democracy plays a crucial role in protecting citizens' rights and preventing arbitrary use of governmental authority. It ensures the rule of law and safeguards individual freedoms.

Which constitutional provision grants the Supreme Court the power to review its own judgments?
  • a)
    Article 125
  • b)
    Article 226
  • c)
    Article 137
  • d)
    Article 144
Correct answer is option 'C'. Can you explain this answer?

K.L Institute answered
Article 137 of the Indian Constitution grants the Supreme Court the power to review its own judgments on the discovery of new evidence, errors apparent on the face of law, or for any other sufficient reason.

What is the primary concept of Judicial Activism?
  • a)
    Upholding the authority of the legislature.
  • b)
    Restraining the Judiciary from interfering in executive matters.
  • c)
    Allowing the Judiciary to actively enforce constitutional rights.
  • d)
    Granting complete autonomy to the Executive branch.
Correct answer is option 'C'. Can you explain this answer?

Judicial Activism refers to the active role played by the Judiciary in enforcing constitutional and legal rights, especially in cases where laws infringe upon citizens' rights or go against constitutional values. In this approach, the Judiciary exercises its power to strike down laws that violate fundamental rights and promotes pro-active decisions to address issues and injustices.

Which principle aligns with the concept of PIL and provides for equal justice and free legal aid?
  • a)
    Article 12
  • b)
    Article 226
  • c)
    Article 39A
  • d)
    Article 32
Correct answer is option 'C'. Can you explain this answer?

Aim It Academy answered
Article 39A of the Indian Constitution deals with equal justice and free legal aid, which resonates with the objectives of PIL to provide access to justice for all, especially the underprivileged.

Which landmark case introduced the concept of 'Basic Structure' of the Constitution?
  • a)
    Golak Nath Case
  • b)
    Kesavananda Bharti Case
  • c)
    Menaka Case
  • d)
    Vishaka Case
Correct answer is option 'B'. Can you explain this answer?

The concept of 'Basic Structure' of the Constitution was introduced in the landmark case of Kesavananda Bharti Case (1973). The Supreme Court held that the 'Basic Structure' of the Constitution cannot be changed or amended, providing a significant framework for constitutional interpretation.

Which article of the Indian Constitution allows citizens to approach the Supreme Court for PIL?
  • a)
    Article 226
  • b)
    Article 32
  • c)
    Article 133
  • d)
    Article 39A
Correct answer is option 'B'. Can you explain this answer?

Article 32 of the Indian Constitution grants the right to move the Supreme Court for the enforcement of fundamental rights, and it is often used as the basis for filing PIL cases.

Chapter doubts & questions for Judicial Review, Activism & PIL - Lucent for GK 2025 is part of UPSC CSE exam preparation. The chapters have been prepared according to the UPSC CSE exam syllabus. The Chapter doubts & questions, notes, tests & MCQs are made for UPSC CSE 2025 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests here.

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