Supreme Court And High Courts


30 Questions MCQ Test Legal Reasoning for CLAT | Supreme Court And High Courts


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QUESTION: 1

The Supreme Court has the power of judicial review which implies that

Solution:
Judicial Review is the power of the Courts to determine the constitutionality of Legislative act and executions orders. To the extent of such violation, in so far as the Fundamental Rights are concerned, Judicial Review has been provided in the Constitution under Article 13 and in Article 32 and Article 226 in the form of jurisdiction of the Supreme Court and the High Court. While judicial review over administrative action has evolved on the lines of common law doctrines such as ‘proportionality’, ‘legitimate expectation’, ‘reasonableness’ and principles of natural justice, the Supreme Court of India and the various High Courts were given the power to rule on the constitutionality of legislative as well as administrative actions to protect and enforce the fundamental rights guaranteed in Part III of the Constitution. Hence the scope of judicial review before Indian courts has evolved in three dimensions :
1.to ensure fairness in administrative action.
2. to protect the constitutionally guaranteed fundamental rights of citizens and 
3.to rule on questions of legislative competence between the centre and the states.

QUESTION: 2

Public interest litigation means

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QUESTION: 3

The concept of Public Interest Litigation originated in

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QUESTION: 4

Who was responsible for introduction of Public Interest Litigation in India?

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QUESTION: 5

The minimum age for a Supreme Court Judge is

Solution:

The correct option is D.

 There is no such minimum age limit fixed.

QUESTION: 6

The minimum strength in the Supreme Court is

Solution:

With a huge backlog of cases in the top court, the government had recently increased the strength of its judges from 31 to 34, including the Chief Justice of India. As of today, the apex court has 30 judges. Once the new judges take oath, the strength will go up to 34, the highest ever.

QUESTION: 7

The Chief Justice of India is appointed by the President in consultation with

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QUESTION: 8

The Chief Justice of a High Court is appointed by

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QUESTION: 9

The President may transfer a judge from aHigh Court to another one after consultation with

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QUESTION: 10

In which case did the Supreme Court hold that while appointing Judges of the Supreme Courtand High Courts, the views of the Chief Justiceof India shall be given primacy?

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QUESTION: 11

The Judges of the Supreme Court

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QUESTION: 12

To remove a judge of the Supreme Court, the President is required to receive an address by each House of Parliament supported by amajority of its total membership, and by aprescribed ________ majority of its members present and voting.

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QUESTION: 13

All cases involving an interpretation of the Constitution fall with in the

Solution:

The correct option is A.
Original jurisdiction is related to cases which are directly brought to the Supreme Court Cases which require the interpretation of the constitution or cases relating to the denial of fundamental rights are heard In the supreme court.

QUESTION: 14

The power of Supreme Court to decide the Centre- States disputes between the falls under

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QUESTION: 15

The original jurisdiction of the Supreme Court does not extend to any dispute between

Solution:

The correct answer is D as The original jurisdiction of the Supreme Court does not extend to any dispute between a State and a State corporation.

QUESTION: 16

Which jurisdiction of the Supreme Court is wrongly listed?

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QUESTION: 17

Which Articles of the Constitution invest extraordinary power in the Supreme Court?

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QUESTION: 18

Under Art. 224 of the Constitution, the President may appoint additional judges of High Court for a term not exceeding

Solution:

B is the correct option.Additional Judges can be appointed by the President under clause (1) of Article 224 of the Constitution. 
The State Government should first obtain the sanction of the Central Government for the creation of such additional posts. The period of such service must not exceed two years.
 

QUESTION: 19

The High Courts are

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QUESTION: 20

The appointment of District Judges is done under

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QUESTION: 21

The law stated by the Supreme Court becomes the law of the land under

Solution:

The correct option is C.

The law stated by the Supreme Court becomes the law of the land under article 141.

QUESTION: 22

Under which Article of the Constitution can the President refer a matter to the Supreme Court for its opinion?

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QUESTION: 23

The first instance of an advisory opinion givenby the Supreme Court was

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QUESTION: 24

The appellate jurisdiction of the Supreme Court in appeals from High Courts in regard to civil matters pertains only to

Solution:

A is the correct option. The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law.

QUESTION: 25

When does the Supreme Court appoints adhoc judges?

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QUESTION: 26

________ can establish additional courts for better administration of any existing law on amatter in the Union List?

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QUESTION: 27

After retirement, a High Court Judge

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QUESTION: 28

The jurisdiction of the Supreme Court may been larged by the

Solution:

A is the correct option. Article 138- Enlargement of the jurisdiction of the Supreme Court.-

(1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer.

(2) The Supreme Court shall have such further jurisdiction, and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court.

QUESTION: 29

Which one comes under the jurisdiction of both the High Courts and the Supreme Court?

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QUESTION: 30

The pension of the High Court Judges is charged to

Solution:

The pension of a high court judge is charged on the consolidated fund of India and not the state. Also, in case of common High Courts (for multiple States/UTs), the salaries and allowances are charged on the consolidated fund of the state in which the seat of the High Court is located.

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