Test: The Judiciary System of India- 2 - Class 8 MCQ

The Supreme Court is the Custodian of the Constitution of India.  

• It is the guardian of fundamental rights (Article 32).
• It has the power of Judicial review. 
• Indian Judiciary is an integrated, powerful, and independent judiciary. 
• The Legislature and the Executive participate directly in the law-making process but it's the judiciary that safeguards Public Interest by checking into overreach, misuse, and error of law. 
• The Supreme Court is also an interpreter and Guardian of the constitution.  
• The authority to amend the constitution is with Parliament but the Supreme Court has the authority to examine the validity of these amendments. (Amend constitution except for Basic structure: Keshavananda Bharati case)
• The supreme court ensures that all the government branches perform their duties in accordance with the constitution through various checks and balances.

Article 137 of the Constitution permits the Supreme Court to review its own Judgement or order.
The detailed solution is as follows:
Overview:
Article 137 of the Constitution of India deals with the power of the Supreme Court to review its own judgments or orders. This article provides the Supreme Court with the authority to review its decisions in certain circumstances.
Key Points:
Here are some key points regarding Article 137:
1. Grounds for review: Under Article 137, the Supreme Court can review its own judgment or order on the following grounds:
- Discovery of new and important matter or evidence which was not within the knowledge of the court or the parties involved during the time of the original judgment.
- An error apparent on the face of the record, which is a clear mistake or an obvious error that can be corrected for the sake of justice.
2. Time limit for review: The review petition needs to be filed within 30 days from the date of the judgment or order that is sought to be reviewed. However, the Supreme Court has the power to extend the time limit in exceptional cases.
3. Procedure: The review petition is generally heard by the same bench that delivered the original judgment or order. However, in certain cases, the Chief Justice may direct that the review petition be heard by a larger bench.
4. Scope of review: The scope of review is limited to the specific grounds mentioned in Article 137. The Supreme Court cannot review its judgment or order based on a re-interpretation of the law or a different view of the facts.
5. Effect of review: If the Supreme Court allows the review petition, it may modify, reverse, or confirm its original judgment or order. The decision of the review bench is binding and final.
Conclusion:
Article 137 of the Constitution grants the Supreme Court the power to review its own judgments or orders. This provision ensures that if there is a genuine error or new evidence that needs to be considered, the Supreme Court has the authority to correct its own decisions in the interest of justice.

Sovereignty of Indian parliament is restricted by judicial review. Parliamentary sovereignty (also called parliamentary supremacy or legislative supremacy) is a concept in the constitutional law of some parliamentary democracies.

Assertion: Habeas Corpus writ petition is not limited by the rule of 'res judicata'.
Reason: It relates to life and liberty of a person.
Explanation:
The assertion and reason given in the statement are related to the Habeas Corpus writ petition and its applicability. Here is a detailed explanation:
- Habeas Corpus: It is a legal action through which a person can seek relief from unlawful detention or imprisonment. It is a fundamental right that protects an individual's life and liberty.
- Res Judicata: It is a legal principle that prevents the same case from being relitigated between the same parties. Once a matter has been finally decided by a competent court, it cannot be re-examined.
- The assertion states that the Habeas Corpus writ petition is not limited by the rule of 'res judicata'. This means that even if a previous decision has been made on a similar issue, a person can still file a Habeas Corpus petition.
- The reason given for this assertion is that the Habeas Corpus petition relates to the life and liberty of a person. Since life and liberty are fundamental rights, they hold significant importance and are not subject to the rule of 'res judicata'.
- In other words, the Habeas Corpus writ petition can be filed irrespective of any previous judgments or decisions, as it involves the fundamental rights of an individual.
- Therefore, both the assertion and the reason are correct, and the reason correctly explains why the Habeas Corpus writ petition is not limited by the rule of 'res judicata'.
Conclusion: Both the assertion and the reason are correct, and the reason provides the correct explanation for the assertion.

According to Article 20, which provides rights to the accused,a man cannot be forced to give witness against himself, or be made to suffer punishment for 1 crime 2 times, or punished for an offence he committed when the law permitted him to perform that particular act which is now classified as a crime. However, in no statute is there the provision of the assertion.

Judicial Review: Examining the Constitutional Validity of Laws
The function of judicial review is an important power held by the Supreme Court in many countries, including the United States and India. It allows the Court to examine the constitutional validity of laws and determine whether they adhere to the principles outlined in the constitution. Here is a detailed explanation of what the judicial review function entails:
1. Reviewing Laws:
- The Supreme Court has the authority to review laws passed by the legislative branch, including both federal and state laws.
- It examines whether these laws align with the provisions and principles set forth in the constitution.
- The Court ensures that laws do not violate the rights and freedoms guaranteed to individuals by the constitution.
2. Constitutional Validity:
- Judicial review focuses on determining the constitutionality of laws.
- The Court evaluates whether a law follows the procedures and limitations outlined in the constitution.
- It examines whether the law is within the scope of the powers granted to the legislative branch.
3. Protecting Constitutional Rights:
- Judicial review acts as a safeguard for individuals' constitutional rights.
- The Court ensures that laws do not infringe upon fundamental rights, such as freedom of speech, religion, or equality.
- It protects the rights of minorities from potential violations by the majority.
4. Checks and Balances:
- Judicial review is an essential component of the system of checks and balances.
- It allows the Supreme Court to check the actions of the legislative and executive branches.
- By striking down unconstitutional laws, the Court maintains the balance of power and upholds the supremacy of the constitution.
In conclusion, the judicial review function of the Supreme Court involves the examination of laws to determine their constitutionality. It ensures that laws adhere to the principles and provisions outlined in the constitution, protects individuals' rights, and maintains the balance of power within the government.

Answer:
The first Chief Justice of India was H J Kania.
Explanation:
The correct answer is option A, H J Kania. Here is a detailed explanation:
1. H J Kania: He served as the first Chief Justice of India from 1950 to 1951. He was a renowned lawyer and jurist who played a significant role in the development of the Indian legal system.
2. M P Sastri: While he was an important figure in the Indian judiciary, he did not serve as the first Chief Justice of India.
3. K Subha Rao: He also had a prominent career in the legal field and served as the Chief Justice of India from 1966 to 1967, but he was not the first Chief Justice of India.
4. A K Sarkar: He was a respected judge of the Supreme Court of India, but he did not hold the position of the first Chief Justice of India.
In conclusion, H J Kania was the first Chief Justice of India.

The Supreme Court held that the Parliament has power to amend any provision of the constitution, but doing so, the basic structure of the constitution is to be maintained.  The basic features of the Constitution have not been explicitly defined by the Judiciary. Some of the features of the Constitution that are accepted as "basic" are:
Supremacy of the Constitution
Judicial Review
Secularism
Rule of law
The principle of Separation of Powers

Powers of the Supreme Court of India:
The powers of the Supreme Court of India include:
1. It appoints the Judges of the High Court:
- The Supreme Court has the power to appoint judges to the High Courts of India.
2. It is a court of record and enjoys all the powers of such a court:
- The Supreme Court is a court of record, which means that its decisions and proceedings are preserved for perpetual memory and can be relied upon as evidence.
- It has the power to punish for contempt of court and can issue writs, orders, or directions for the enforcement of fundamental rights.
3. The decisions of the Supreme Court are enforceable throughout the territory of India:
- The Supreme Court's decisions are binding on all courts within the territory of India.
- Its judgments have the force of law and are enforceable throughout the country.
4. It decides the disputes regarding the election of the President or the Vice-President:
- The Supreme Court has the exclusive jurisdiction to decide any dispute arising out of the election of the President or the Vice-President of India.
- It has the power to examine the validity of such elections and declare them void if necessary.
Therefore, the correct answer is B: 2, 3 and 4.

The disputes regarding the election of the President and Vice-President of India are decided by the Supreme Court.
The Supreme Court of India is the highest judicial authority in the country and is responsible for interpreting the Constitution and resolving disputes related to elections. When it comes to the election of the President and Vice-President, any disputes or doubts that arise are resolved by the Supreme Court through its constitutional powers and authority.
Here are the key points to understand:
1. Role of the Supreme Court:
- The Supreme Court has the power to adjudicate on matters related to the interpretation and application of the Constitution of India.
- It acts as the guardian of the fundamental rights of the citizens and ensures the rule of law is upheld.
2. Disputes in Presidential and Vice-Presidential Elections:
- Disputes can arise during the election of the President and Vice-President of India, such as challenges to the validity of the election process, eligibility of candidates, or any violation of election rules.
- These disputes can be raised by candidates, political parties, or any concerned citizen who believes that the election process has been conducted unfairly or unlawfully.
3. Supreme Court as the Deciding Authority:
- The Supreme Court has the authority to hear and decide on disputes related to the election of the President and Vice-President of India.
- It can issue necessary orders, directions, or judgments to resolve the disputes and ensure the constitutional validity and fairness of the election process.
- The decisions of the Supreme Court in such matters are final and binding.
4. Importance of Supreme Court's Role:
- The Supreme Court's involvement in resolving election disputes ensures the integrity and credibility of the electoral process.
- It upholds the principles of democracy, transparency, and the rule of law in the functioning of the highest offices in the country.
- The Court's decisions help in maintaining public trust and confidence in the electoral system and the elected representatives.
In conclusion, the disputes regarding the election of the President and Vice-President of India are decided by the Supreme Court. Its role in resolving such disputes is vital for ensuring a fair and transparent electoral process and upholding the principles of democracy.