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Test: Judicial Review of Orders by President and Governor - Part I - Judiciary Exams MCQ


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15 Questions MCQ Test Important Acts and Laws for Judiciary Exams - Test: Judicial Review of Orders by President and Governor - Part I

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Test: Judicial Review of Orders by President and Governor - Part I - Question 1

What does Judicial Review refer to?

Detailed Solution for Test: Judicial Review of Orders by President and Governor - Part I - Question 1
Judicial Review refers to the authority of the courts to review the actions of the legislative, executive, and administrative branches of the government. It involves assessing whether these actions are in accordance with the Constitution. If actions are found to be unconstitutional, they are deemed null and void.
Test: Judicial Review of Orders by President and Governor - Part I - Question 2

Which historical case is commonly associated with the origin of Constitutional Judicial Review in the United States?

Detailed Solution for Test: Judicial Review of Orders by President and Governor - Part I - Question 2
Constitutional Judicial Review is commonly traced back to the case of Marbury v. Madison (1803) in the United States. In this case, Chief Justice John Marshall asserted the Supreme Court's authority to invalidate unconstitutional legislation passed by Congress.
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Test: Judicial Review of Orders by President and Governor - Part I - Question 3

What happens to actions that are deemed unconstitutional through Judicial Review?

Detailed Solution for Test: Judicial Review of Orders by President and Governor - Part I - Question 3
When actions are found to be unconstitutional through Judicial Review, they are deemed null and void. This means that they are considered invalid and without legal effect.
Test: Judicial Review of Orders by President and Governor - Part I - Question 4
What is the significance of Chief Justice John Marshall's role in Marbury v. Madison?
Detailed Solution for Test: Judicial Review of Orders by President and Governor - Part I - Question 4
Chief Justice John Marshall played a significant role in Marbury v. Madison by establishing the principle of Judicial Review in the United States. This landmark case solidified the judiciary's authority to interpret the Constitution and declare laws unconstitutional, shaping the balance of power among the branches of government.
Test: Judicial Review of Orders by President and Governor - Part I - Question 5
What is one key role of the judiciary when Governors' actions are called into question?
Detailed Solution for Test: Judicial Review of Orders by President and Governor - Part I - Question 5
When Governors' actions are questioned, the judiciary steps in to provide essential guidelines. This ensures that discretionary powers are utilized in accordance with the law and the Constitution. The judiciary plays a critical role in maintaining the balance of power among different branches of government by issuing judgments and setting precedents.
Test: Judicial Review of Orders by President and Governor - Part I - Question 6
In what scenario does the judiciary typically intervene regarding Governors' actions?
Detailed Solution for Test: Judicial Review of Orders by President and Governor - Part I - Question 6
The judiciary usually intervenes when Governors exceed their authority. By doing so, the judiciary upholds the rule of law and ensures that the balance of power among various branches of government is maintained. This intervention is crucial in preventing the abuse of power and maintaining constitutional integrity.
Test: Judicial Review of Orders by President and Governor - Part I - Question 7
What primary purpose does judicial intervention serve in cases where Governors misuse their discretionary powers?
Detailed Solution for Test: Judicial Review of Orders by President and Governor - Part I - Question 7
Judicial intervention in cases where Governors misuse their discretionary powers primarily serves to uphold the rule of law. By setting precedents and issuing judgments, the judiciary plays a crucial role in ensuring that governmental actions are in line with legal principles and constitutional norms.
Test: Judicial Review of Orders by President and Governor - Part I - Question 8
Which articles empower the courts to ensure the enforcement of fundamental rights in the Constitution of India?
Detailed Solution for Test: Judicial Review of Orders by President and Governor - Part I - Question 8
Articles 32 and 226 empower the courts in India to ensure the enforcement of fundamental rights outlined in Part III of the Constitution. Article 32 specifically grants individuals the right to move the Supreme Court for the enforcement of their fundamental rights, emphasizing the significance of judicial protection in upholding constitutional liberties.
Test: Judicial Review of Orders by President and Governor - Part I - Question 9
What is the primary purpose of Judicial Review as outlined in the Constitution of India?
Detailed Solution for Test: Judicial Review of Orders by President and Governor - Part I - Question 9
The primary purpose of Judicial Review as outlined in the Constitution of India is to safeguard public rights and enforce fundamental rights. Judicial Review allows the judiciary to invalidate actions that go against the Constitution, ensuring the protection of individual rights and liberties. It serves as a crucial mechanism to prevent arbitrary violations and uphold the principles enshrined in the Constitution.
Test: Judicial Review of Orders by President and Governor - Part I - Question 10
What is the foundational basis of Judicial Review in the Indian Constitution?
Detailed Solution for Test: Judicial Review of Orders by President and Governor - Part I - Question 10
The foundational basis of Judicial Review in the Indian Constitution lies in Article 13. This article declares that any law that is inconsistent with or in derogation of the fundamental rights guaranteed by the Constitution shall be void. Article 13 serves as the cornerstone for judicial scrutiny of legislative and administrative actions to ensure their alignment with the constitutional framework.
Test: Judicial Review of Orders by President and Governor - Part I - Question 11
What is the significance of the Supreme Court's ruling in the case of Nabam Rebia and Bamang Felix v. Deputy Speaker (2016) regarding the Governor's discretionary power?
Detailed Solution for Test: Judicial Review of Orders by President and Governor - Part I - Question 11
The Supreme Court's ruling in the case of Nabam Rebia and Bamang Felix v. Deputy Speaker (2016) is significant as it underscores that the Governor's discretionary power is subject to Judicial Review. This means that the Governor's decisions can be reviewed by the judiciary to ensure they are in line with constitutional principles and legal boundaries, emphasizing a system of checks and balances within the government.
Test: Judicial Review of Orders by President and Governor - Part I - Question 12
What principle did the court reaffirm in the case of S.R. Bommai vs Union of India (1994) regarding the dissolution of State Assemblies?
Detailed Solution for Test: Judicial Review of Orders by President and Governor - Part I - Question 12
In the case of S.R. Bommai vs Union of India (1994), the court reaffirmed that the dissolution of State Assemblies can be subjected to judicial review. This means that if the dissolution is deemed malicious or unconstitutional, the court has the authority to intervene and potentially reinstate the Assembly before new elections take place, ensuring a fair and lawful process.
Test: Judicial Review of Orders by President and Governor - Part I - Question 13
How are the pardoning powers of the Governor, as governed by Article 161 of the Constitution, regulated?
Detailed Solution for Test: Judicial Review of Orders by President and Governor - Part I - Question 13
The pardoning powers of the Governor, as governed by Article 161 of the Constitution, are regulated by the advice of the Council of Ministers. This means that the Governor's power to grant pardons must align with the recommendations and guidance provided by the Council of Ministers, showcasing a collaborative approach to the exercise of this important executive function.
Test: Judicial Review of Orders by President and Governor - Part I - Question 14
What did the court affirm in the case of Jagdambika Pal vs State of U.P. (1998) regarding the Governor's discretion in dismissing ministries?
Detailed Solution for Test: Judicial Review of Orders by President and Governor - Part I - Question 14
In Jagdambika Pal vs State of U.P. (1998), it was established that the Governor's discretion to dismiss ministries should only be exercised when the Chief Minister fails to prove majority support in the Assembly. This decision highlights the importance of maintaining the constitutional balance of power and ensuring that the Governor's actions are based on legal justifications.
Test: Judicial Review of Orders by President and Governor - Part I - Question 15
What principle did the Supreme Court underscore in the case of Nabam Rebia and Bamang Felix v. Deputy Speaker (2016) regarding the Governor's discretionary power?
Detailed Solution for Test: Judicial Review of Orders by President and Governor - Part I - Question 15
In the case of Nabam Rebia and Bamang Felix v. Deputy Speaker (2016), the Supreme Court emphasized that the Governor's discretionary power is significantly restricted and is subject to Judicial Review. This means that the Governor's decisions, even when exercising discretion, must align with legal scrutiny and be in accordance with established judicial principles.
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