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Test: The Concept of Judicial Review Under the Constitution of India - Judiciary Exams MCQ


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15 Questions MCQ Test Important Acts and Laws for Judiciary Exams - Test: The Concept of Judicial Review Under the Constitution of India

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Test: The Concept of Judicial Review Under the Constitution of India - Question 1
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Which historical case and figure are attributed to establishing the concept of judicial review in the United States?

Detailed Solution for Test: The Concept of Judicial Review Under the Constitution of India - Question 1
The concept of judicial review in the United States is attributed to the 1803 case of Marbury vs. Madison, which was a landmark case presided over by Chief Justice John Marshall. Marshall's ruling in this case established the Supreme Court's authority to engage in judicial review, allowing the judiciary to declare acts of Congress as unconstitutional and thereby safeguarding the supremacy of the Constitution.
Test: The Concept of Judicial Review Under the Constitution of India - Question 2
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What did Chief Justice John Marshall establish through his ruling in the 1803 case of Marbury vs. Madison?

Detailed Solution for Test: The Concept of Judicial Review Under the Constitution of India - Question 2
Chief Justice John Marshall's ruling in the 1803 case of Marbury vs. Madison established the Supreme Court's authority in judicial review. This power allows the judiciary to declare acts of Congress as unconstitutional, safeguarding the supremacy of the Constitution.
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Test: The Concept of Judicial Review Under the Constitution of India - Question 3
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Why did Chief Justice Marshall argue that the courts must prioritize the Constitution over Acts of Congress in cases of conflict?

Detailed Solution for Test: The Concept of Judicial Review Under the Constitution of India - Question 3
Chief Justice Marshall argued that the courts must prioritize the Constitution over Acts of Congress when conflicts arise to uphold the supremacy of the Constitution as the supreme law of the land. This approach ensures that unconstitutional laws are invalidated, preserving the fundamental principles and values enshrined in the Constitution.
Test: The Concept of Judicial Review Under the Constitution of India - Question 4
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What is the primary mandate of the principle of separation of powers among the Legislature, Executive, and Judiciary?
Detailed Solution for Test: The Concept of Judicial Review Under the Constitution of India - Question 4
The principle of separation of powers mandates that each branch of government—Legislature, Executive, and Judiciary—should function independently without encroaching on each other's domains. This separation is crucial to maintain a system of checks and balances where no single branch gains excessive power over the others. It ensures that each branch can perform its functions without undue influence from the other branches, promoting accountability and preventing tyranny.
Test: The Concept of Judicial Review Under the Constitution of India - Question 5
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Why is an independent judiciary considered essential for interpreting and enforcing the Constitution?
Detailed Solution for Test: The Concept of Judicial Review Under the Constitution of India - Question 5
An independent judiciary is vital for interpreting and enforcing the Constitution because it ensures that these crucial tasks are carried out by a professionally trained body of lawyers and judges. This independence helps maintain the integrity of the legal system, upholding the rule of law and ensuring that constitutional principles are applied impartially. Judges who are not subject to undue influence are better positioned to make decisions based on legal merit and constitutional provisions, safeguarding the rights and liberties of citizens.
Test: The Concept of Judicial Review Under the Constitution of India - Question 6
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Which branch of government is responsible for preventing any one branch from becoming dominant through a system of checks and balances?
Detailed Solution for Test: The Concept of Judicial Review Under the Constitution of India - Question 6
The three branches of government—the Legislature, the Executive, and the Judiciary—must possess equal powers to prevent any single branch from becoming dominant. This balance ensures a system of checks and balances, where each branch has the ability to check the powers of the other branches, thereby preventing any branch from overreaching or dominating the others.
Test: The Concept of Judicial Review Under the Constitution of India - Question 7
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Which provision of the Indian Constitution explicitly addresses that any law contradicting fundamental rights is considered void to the extent of the contradiction?
Detailed Solution for Test: The Concept of Judicial Review Under the Constitution of India - Question 7
Article 13(2) of the Indian Constitution explicitly states that any law that goes against the Fundamental Rights provided in Part III of the Constitution is considered void to the extent of the contradiction. This provision acts as a safeguard to ensure that the fundamental rights of the citizens are not compromised by legislative actions.
Test: The Concept of Judicial Review Under the Constitution of India - Question 8
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What historical case in India marked a shift in the doctrine of legislative supremacy and redefined fundamental rights as beyond Parliament's reach?
Detailed Solution for Test: The Concept of Judicial Review Under the Constitution of India - Question 8
The Keshavananda Bharati case in India marked a significant shift in the interpretation of fundamental rights and Parliament's amending power. This case overturned the prior ruling in the Golak Nath case and affirmed Parliament's authority to amend the Constitution, emphasizing that while Parliament could amend any provision, it could not tamper with the fundamental structure of the Constitution. This decision established important legal principles regarding the limits of Parliament's amending power and the protection of the Constitution's basic framework.
Test: The Concept of Judicial Review Under the Constitution of India - Question 9
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Which constitutional amendment reinstated Parliament's authority to amend the Constitution, including the Fundamental Rights, after a controversial assertion of judicial power?
Detailed Solution for Test: The Concept of Judicial Review Under the Constitution of India - Question 9
The Twenty Fourth Amendment of the Constitution reinstated Parliament's authority to amend the Constitution, including the Fundamental Rights. This amendment was introduced in response to the controversy sparked by the assertion of judicial power in cases such as Golak Nath. It aimed to clarify and reaffirm Parliament's authority to make changes to the Constitution, ensuring a balance of power between the judiciary and the legislature.
Test: The Concept of Judicial Review Under the Constitution of India - Question 10
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What historical event led to a redefinition of fundamental rights as beyond Parliament's reach in India?
Detailed Solution for Test: The Concept of Judicial Review Under the Constitution of India - Question 10
The Golak Nath case in 1967 played a pivotal role in redefining fundamental rights as beyond Parliament's reach in India. This case marked a shift from the doctrine of legislative supremacy to one that placed constraints on Parliament's amending power under Article 368. It was a significant moment in the evolution of judicial review in India, setting the stage for further developments in the interpretation of fundamental rights.
Test: The Concept of Judicial Review Under the Constitution of India - Question 11
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Which provision grants the Supreme Court of India the power of judicial review to interpret various aspects of the Constitution?
Detailed Solution for Test: The Concept of Judicial Review Under the Constitution of India - Question 11
Article 32 of the Indian Constitution specifically grants the Supreme Court of India the power of judicial review. This provision empowers the Supreme Court to interpret and uphold the Constitution, ensuring the protection of fundamental rights and serving as a guardian of the Constitution. Judicial review under Article 32 plays a crucial role in maintaining the constitutional balance and upholding the rule of law in India.
Test: The Concept of Judicial Review Under the Constitution of India - Question 12
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What is the primary role of the Supreme Court of India as outlined in the Constitution?
Detailed Solution for Test: The Concept of Judicial Review Under the Constitution of India - Question 12
The primary role of the Supreme Court of India, as granted by provisions like Articles 13, 32, 131-136, 143, and 226, is to interpret various aspects of the Constitution through its power of judicial review. This power allows the Supreme Court to ensure that legislative and executive actions are in accordance with the provisions of the Constitution, thereby upholding the constitutional framework of the country.
Test: The Concept of Judicial Review Under the Constitution of India - Question 13
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What is a key limitation on the scope of judicial review in India as per the Indian Constitution?
Detailed Solution for Test: The Concept of Judicial Review Under the Constitution of India - Question 13
Certain provisions in the Indian Constitution, such as Article 53, restrict the scope of judicial review by delineating the executive powers vested in the President. Articles 74 and 77 further specify the roles of the Council of Ministers and the President, safeguarding executive actions from judicial inquiries. These provisions aim to maintain a balance of power between the executive and judicial branches of government, defining the limits within which judicial review can operate effectively.
Test: The Concept of Judicial Review Under the Constitution of India - Question 14
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What is the primary role of judicial review in a democratic system like India?
Detailed Solution for Test: The Concept of Judicial Review Under the Constitution of India - Question 14
Judicial review in a democratic system like India primarily functions to curb unconstitutional actions of the Legislature and the Executive. It acts as a mechanism for the judiciary to review and potentially invalidate laws or governmental actions that are deemed to be in violation of the constitution. This serves as a vital check and balance to ensure that government actions are within the limits set by the constitution, thereby upholding the rule of law and protecting citizens' rights.
Test: The Concept of Judicial Review Under the Constitution of India - Question 15
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Why is the integrity and competence of the Judiciary crucial in the process of judicial review?
Detailed Solution for Test: The Concept of Judicial Review Under the Constitution of India - Question 15
The integrity and competence of the Judiciary are essential in the process of judicial review to maintain the dignity and effectiveness of the entire review process. A judiciary that is impartial, competent, and free from external influences is crucial for ensuring that judicial review decisions are fair, just, and in accordance with the constitution. This integrity helps build trust in the judicial system and upholds the credibility of judicial review outcomes.
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