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Test: Judiciary- Case Based Type Questions - Humanities/Arts MCQ


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15 Questions MCQ Test Political Science Class 11 - Test: Judiciary- Case Based Type Questions

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Test: Judiciary- Case Based Type Questions - Question 1

Read the following passage carefully and answer the questions that follow:

The removal of judges of the Supreme Court and the High Courts is also extremely difficult. A judge of the Supreme Court or High Court can be removed only on the ground of proved misbehaviour or incapacity. A motion containing the charges against the judge must be approved by special majority in both Houses of the Parliament. It is clear from this procedure that removal of a judge is a very difficult procedure and unless there is a general consensus among Members of the Parliament, a Judge cannot be removed. It should also be noted that while making appointments, the executive plays a crucial role; the legislature has the powers of removal. This has ensured both balance of power and independence of the judiciary. So far, only one case of removal of a judge of the Supreme Court came up for consideration before the Parliament. In that case, though the motion got two-thirds majority, it did not have the support of the majority of the total strength of the House and therefore, the Judge was not removed.

Q. Is the removal of a Supreme Court or High Court7 s judge a very common practice?

Detailed Solution for Test: Judiciary- Case Based Type Questions - Question 1
A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same Session for such removal on the ground of proved misbehaviour or incapacity. A person who has been a Judge of the Supreme Court is debarred from practising in any court of law or before any other authority in India.
Test: Judiciary- Case Based Type Questions - Question 2

Read the following passage carefully and answer the questions that follow:

The removal of judges of the Supreme Court and the High Courts is also extremely difficult. A judge of the Supreme Court or High Court can be removed only on the ground of proved misbehaviour or incapacity. A motion containing the charges against the judge must be approved by special majority in both Houses of the Parliament. It is clear from this procedure that removal of a judge is a very difficult procedure and unless there is a general consensus among Members of the Parliament, a Judge cannot be removed. It should also be noted that while making appointments, the executive plays a crucial role; the legislature has the powers of removal. This has ensured both balance of power and independence of the judiciary. So far, only one case of removal of a judge of the Supreme Court came up for consideration before the Parliament. In that case, though the motion got two-thirds majority, it did not have the support of the majority of the total strength of the House and therefore, the Judge was not removed.

Q. A Judge of the Supreme Court or High Courts can be removed only on the ground of proven _____.

Detailed Solution for Test: Judiciary- Case Based Type Questions - Question 2

A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same Session for such removal on the ground of proved misbehaviour or incapacity. A person who has been a Judge of the Supreme Court is debarred from practising in any court of law or before any other authority in India.

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Test: Judiciary- Case Based Type Questions - Question 3

Read the following passage carefully and answer the questions that follow:

The removal of judges of the Supreme Court and the High Courts is also extremely difficult. A judge of the Supreme Court or High Court can be removed only on the ground of proved misbehaviour or incapacity. A motion containing the charges against the judge must be approved by special majority in both Houses of the Parliament. It is clear from this procedure that removal of a judge is a very difficult procedure and unless there is a general consensus among Members of the Parliament, a Judge cannot be removed. It should also be noted that while making appointments, the executive plays a crucial role; the legislature has the powers of removal. This has ensured both balance of power and independence of the judiciary. So far, only one case of removal of a judge of the Supreme Court came up for consideration before the Parliament. In that case, though the motion got two-thirds majority, it did not have the support of the majority of the total strength of the House and therefore, the Judge was not removed.

Q. A _____________containing the charges against the judge must be approved by special majority in both Houses of the Parliament.

Detailed Solution for Test: Judiciary- Case Based Type Questions - Question 3
A motion containing the charges against the judge must be approved by special majority in both Houses of the Parliament. It is clear from this procedure that removal of a judge is a very difficult procedure and unless there is a general consensus among Members of the Parliament, a Judge cannot be removed.
Test: Judiciary- Case Based Type Questions - Question 4

Read the following passage carefully and answer the questions that follow:

The removal of judges of the Supreme Court and the High Courts is also extremely difficult. A judge of the Supreme Court or High Court can be removed only on the ground of proved misbehaviour or incapacity. A motion containing the charges against the judge must be approved by special majority in both Houses of the Parliament. It is clear from this procedure that removal of a judge is a very difficult procedure and unless there is a general consensus among Members of the Parliament, a Judge cannot be removed. It should also be noted that while making appointments, the executive plays a crucial role; the legislature has the powers of removal. This has ensured both balance of power and independence of the judiciary. So far, only one case of removal of a judge of the Supreme Court came up for consideration before the Parliament. In that case, though the motion got two-thirds majority, it did not have the support of the majority of the total strength of the House and therefore, the Judge was not removed.

Q. Does the executive have the power to remove the judge?

Detailed Solution for Test: Judiciary- Case Based Type Questions - Question 4

The power to remove a judge of the Supreme Court or High Court lies with the Parliament and requires a special majority in both Houses. The executive plays a crucial role in making appointments, but it is the legislature (Parliament) that has the powers of removal. Therefore, the executive does not have the power to remove a judge.

The correct answer is: No

Test: Judiciary- Case Based Type Questions - Question 5

Read the following passage carefully and answer the questions that follow:

The Supreme Court ordered REL to pay ₹ 300 crore to Dahanu farmers.

Our Corporate Bureau 24 March, 2005. Mumbai: The Supreme Court has ordered Reliance Energy to pay ₹ 300 crore to farmers who grow the chikoo fruit in the Dahanu area outside Mumbai. The order comes after the chikoo growers petitioned the court against the pollution caused by Reliance’s thermal power plant. Dahanu: Which is 150 km from Mumbai, was a self-sustaining agricultural and horticultural economy known for its fisheries and forests just over a decade ago, but was devastated in 1989 when a thermal power plant came into operation in the region. The next year, this fertile belt saw its first crop failure. Now, 70 percent of the crop, of what was once the fruit bowl of Maharashtra, is gone. The fisheries have been shut and the forest cover has thinned. Farmers and environmentalists say that fly ash from the power plant entered groundwater and polluted the entire ecosystem. The Dahanu Taluka Environment Protection Authority ordered the thermal station to set up a pollution control unit to reduce sulphur emissions, but in spite of a Supreme Court order backing the pollution control plant, it was not set up even by 2002. In 2003, Reliance acquired the thermal station and re-submitted a schedule for the installation process in 2004. As the pollution control plant is still not set up,the Dahanu Taluka Environmental Protection Authority asked Reliance for a bank guarantee of ` 300 crores.

Q. Who is the petitioner in the case?

Detailed Solution for Test: Judiciary- Case Based Type Questions - Question 5
The chikoo growers of Dahanu.
Test: Judiciary- Case Based Type Questions - Question 6

Read the following passage carefully and answer the questions that follow:

The Supreme Court ordered REL to pay ₹ 300 crore to Dahanu farmers.

Our Corporate Bureau 24 March, 2005. Mumbai: The Supreme Court has ordered Reliance Energy to pay ₹ 300 crore to farmers who grow the chikoo fruit in the Dahanu area outside Mumbai. The order comes after the chikoo growers petitioned the court against the pollution caused by Reliance’s thermal power plant. Dahanu: Which is 150 km from Mumbai, was a self-sustaining agricultural and horticultural economy known for its fisheries and forests just over a decade ago, but was devastated in 1989 when a thermal power plant came into operation in the region. The next year, this fertile belt saw its first crop failure. Now, 70 percent of the crop, of what was once the fruit bowl of Maharashtra, is gone. The fisheries have been shut and the forest cover has thinned. Farmers and environmentalists say that fly ash from the power plant entered groundwater and polluted the entire ecosystem. The Dahanu Taluka Environment Protection Authority ordered the thermal station to set up a pollution control unit to reduce sulphur emissions, but in spite of a Supreme Court order backing the pollution control plant, it was not set up even by 2002. In 2003, Reliance acquired the thermal station and re-submitted a schedule for the installation process in 2004. As the pollution control plant is still not set up,the Dahanu Taluka Environmental Protection Authority asked Reliance for a bank guarantee of ` 300 crores.

Q. What is the case about?

Detailed Solution for Test: Judiciary- Case Based Type Questions - Question 6
The case is about the loss borne by the farmers in the production of chikoo because of the pollution generated by the thermal power plant of Reliance Energy.
Test: Judiciary- Case Based Type Questions - Question 7

Read the following passage carefully and answer the questions that follow:

The Supreme Court ordered REL to pay ₹ 300 crore to Dahanu farmers.

Our Corporate Bureau 24 March, 2005. Mumbai: The Supreme Court has ordered Reliance Energy to pay ₹ 300 crore to farmers who grow the chikoo fruit in the Dahanu area outside Mumbai. The order comes after the chikoo growers petitioned the court against the pollution caused by Reliance’s thermal power plant. Dahanu: Which is 150 km from Mumbai, was a self-sustaining agricultural and horticultural economy known for its fisheries and forests just over a decade ago, but was devastated in 1989 when a thermal power plant came into operation in the region. The next year, this fertile belt saw its first crop failure. Now, 70 percent of the crop, of what was once the fruit bowl of Maharashtra, is gone. The fisheries have been shut and the forest cover has thinned. Farmers and environmentalists say that fly ash from the power plant entered groundwater and polluted the entire ecosystem. The Dahanu Taluka Environment Protection Authority ordered the thermal station to set up a pollution control unit to reduce sulphur emissions, but in spite of a Supreme Court order backing the pollution control plant, it was not set up even by 2002. In 2003, Reliance acquired the thermal station and re-submitted a schedule for the installation process in 2004. As the pollution control plant is still not set up,the Dahanu Taluka Environmental Protection Authority asked Reliance for a bank guarantee of ` 300 crores.

Q. What arguments did the farmers put forward?

Detailed Solution for Test: Judiciary- Case Based Type Questions - Question 7
The farmers might have argued that since Reliance had failed in its commitment to install the pollution control unit in 2004, it did not have intentions to do it, so it must be penalized to some greater extent.
Test: Judiciary- Case Based Type Questions - Question 8

Read the following passage carefully and answer the questions that follow:

The Supreme Court ordered REL to pay ₹ 300 crore to Dahanu farmers.

Our Corporate Bureau 24 March, 2005. Mumbai: The Supreme Court has ordered Reliance Energy to pay ₹ 300 crore to farmers who grow the chikoo fruit in the Dahanu area outside Mumbai. The order comes after the chikoo growers petitioned the court against the pollution caused by Reliance’s thermal power plant. Dahanu: Which is 150 km from Mumbai, was a self-sustaining agricultural and horticultural economy known for its fisheries and forests just over a decade ago, but was devastated in 1989 when a thermal power plant came into operation in the region. The next year, this fertile belt saw its first crop failure. Now, 70 percent of the crop, of what was once the fruit bowl of Maharashtra, is gone. The fisheries have been shut and the forest cover has thinned. Farmers and environmentalists say that fly ash from the power plant entered groundwater and polluted the entire ecosystem. The Dahanu Taluka Environment Protection Authority ordered the thermal station to set up a pollution control unit to reduce sulphur emissions, but in spite of a Supreme Court order backing the pollution control plant, it was not set up even by 2002. In 2003, Reliance acquired the thermal station and re-submitted a schedule for the installation process in 2004. As the pollution control plant is still not set up,the Dahanu Taluka Environmental Protection Authority asked Reliance for a bank guarantee of ` 300 crores.

Q. Who has been the beneficiary in the case?

Detailed Solution for Test: Judiciary- Case Based Type Questions - Question 8
The farmers have been the beneficiary.
Test: Judiciary- Case Based Type Questions - Question 9

Read the following passage carefully and answer the questions that follow:

The Indian Constitution is based on a delicate principle of limited separation of powers and checks and balances. This means that each organ of the government has a clear area of functioning. Thus, the Parliament is supreme in making laws and amending the Constitution, the executive is supreme in implementing them while the judiciary is supreme in settling disputes and deciding whether the laws that have been made are in accordance with the provisions of the Constitution. Despite such clear-cut division of power, the conflict between the Parliament and judiciary, and executive and the judiciary has remained a recurrent theme in Indian politics.

Q. State the main function of the judiciary.

Detailed Solution for Test: Judiciary- Case Based Type Questions - Question 9
One of the major functions of the judiciary is to interpret and apply laws to specific cases. In the course of deciding the disputes that come before it, the judges interpret and apply laws. Every law needs a proper interpretation for getting applied to every specific case. This function is performed by the judges.
Test: Judiciary- Case Based Type Questions - Question 10

Read the following passage carefully and answer the questions that follow:

The Indian Constitution is based on a delicate principle of limited separation of powers and checks and balances. This means that each organ of the government has a clear area of functioning. Thus, the Parliament is supreme in making laws and amending the Constitution, the executive is supreme in implementing them while the judiciary is supreme in settling disputes and deciding whether the laws that have been made are in accordance with the provisions of the Constitution. Despite such clear-cut division of power, the conflict between the Parliament and judiciary, and executive and the judiciary has remained a recurrent theme in Indian politics.

Q. What is the Indian Constitution based upon?

Detailed Solution for Test: Judiciary- Case Based Type Questions - Question 10
The constitution was drawn from a number of sources. Mindful of India's needs and conditions, its framers borrowed features of previous legislation such as the Government of India Act 1858, the Indian Councils Acts of 1861, 1892 and 1909, the Government of India Acts 1919 and 1935, and the Indian Independence Act 1947.
Test: Judiciary- Case Based Type Questions - Question 11

Read the following passage carefully and answer the questions that follow:

The Indian Constitution is based on a delicate principle of limited separation of powers and checks and balances. This means that each organ of the government has a clear area of functioning. Thus, the Parliament is supreme in making laws and amending the Constitution, the executive is supreme in implementing them while the judiciary is supreme in settling disputes and deciding whether the laws that have been made are in accordance with the provisions of the Constitution. Despite such clear-cut division of power, the conflict between the Parliament and judiciary, and executive and the judiciary has remained a recurrent theme in Indian politics.

Q. The ________________ is supreme in making laws.

Detailed Solution for Test: Judiciary- Case Based Type Questions - Question 11

On paper, there is no doubt that Parliament is supreme as far as lawmaking is concerned. In our parliamentary system, the government has a dominant role in the lawmaking process. The Bills are drafted and introduced by the government.

Test: Judiciary- Case Based Type Questions - Question 12

Read the following passage carefully and answer the questions that follow:

The Indian Constitution is based on a delicate principle of limited separation of powers and checks and balances. This means that each organ of the government has a clear area of functioning. Thus, the Parliament is supreme in making laws and amending the Constitution, the executive is supreme in implementing them while the judiciary is supreme in settling disputes and deciding whether the laws that have been made are in accordance with the provisions of the Constitution. Despite such clear-cut division of power, the conflict between the Parliament and judiciary, and executive and the judiciary has remained a recurrent theme in Indian politics.

Q. State the main function performed by the Parliament and the Executive.

Detailed Solution for Test: Judiciary- Case Based Type Questions - Question 12
The executive is responsible for the acts and policies of the parliament. This enacted by the parliament form of the government. Thus, there are various measures that the parliament uses to control. These are questioned hour, committees, zero hours, etc.
Test: Judiciary- Case Based Type Questions - Question 13

Read the following passage carefully and answer the questions that follow:

Besides, as we saw in the section on jurisdiction of the Supreme Court, in the case of federal relations too, the Supreme Court can use the review powers if a law is inconsistent with the distribution of powers laid down by the Constitution. Suppose, the central government makes a law, which according to some States, concerns a subject from the State list, then the States can go to the Supreme Court and if the court agrees with them, it would declare that the law is unconstitutional. In this sense, the review power of the Supreme Court includes power to review legislations on the ground that they violate fundamental rights or on the ground that they violate the federal distribution of powers. The review power extends to the laws passed by State legislatures also.

Q. Is it an important and a necessary feature of Indian judiciary?

Detailed Solution for Test: Judiciary- Case Based Type Questions - Question 13
One of the major functions of the judiciary is to interpret and apply laws to specific cases. In the course of deciding the disputes that come before it, the judges interpret and apply laws. Every law needs a proper interpretation for getting applied to every specific case.
Test: Judiciary- Case Based Type Questions - Question 14

Read the following passage carefully and answer the questions that follow:

Besides, as we saw in the section on jurisdiction of the Supreme Court, in the case of federal relations too, the Supreme Court can use the review powers if a law is inconsistent with the distribution of powers laid down by the Constitution. Suppose, the central government makes a law, which according to some States, concerns a subject from the State list, then the States can go to the Supreme Court and if the court agrees with them, it would declare that the law is unconstitutional. In this sense, the review power of the Supreme Court includes power to review legislations on the ground that they violate fundamental rights or on the ground that they violate the federal distribution of powers. The review power extends to the laws passed by State legislatures also.

Q. The judicial review empowers the _____________ of India to examine whether the provisions of the legislation passed by the legislature are in line with the provisions of the Constitution of India or not.

Detailed Solution for Test: Judiciary- Case Based Type Questions - Question 14
Judicial review is the most important and a unique power of the judiciary. It is the power of the Court to review the actions of the Legislative and the Executive and also the actions of the Judiciary itself as well. It is also the power to scrutinize the validity of any law.
Test: Judiciary- Case Based Type Questions - Question 15

Read the following passage carefully and answer the questions that follow:

Besides, as we saw in the section on jurisdiction of the Supreme Court, in the case of federal relations too, the Supreme Court can use the review powers if a law is inconsistent with the distribution of powers laid down by the Constitution. Suppose, the central government makes a law, which according to some States, concerns a subject from the State list, then the States can go to the Supreme Court and if the court agrees with them, it would declare that the law is unconstitutional. In this sense, the review power of the Supreme Court includes power to review legislations on the ground that they violate fundamental rights or on the ground that they violate the federal distribution of powers. The review power extends to the laws passed by State legislatures also.

Q. The Supreme Court can use the review powers if a law is ____________with the distribution of powers laid down by the Constitution.

Detailed Solution for Test: Judiciary- Case Based Type Questions - Question 15
Besides, as we saw in the section on jurisdiction of the Supreme Court, in the case of federal relations too, the Supreme Court can use the review powers if a law is inconsistent with the distribution of powers laid down by the Constitution.
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