Laxmikanth Test: Judicial Review And Judicial Activism - 2


10 Questions MCQ Test Indian Polity for UPSC CSE | Laxmikanth Test: Judicial Review And Judicial Activism - 2


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QUESTION: 1

The power of judicial review ensures the following.

Solution: The power of judicial review ensures the constitutionality of laws.

QUESTION: 2

Which of these constitutional provisions give the Judiciary the power of Judicial Review?

1. Article 13 which says laws ultra vires the constitution shall be void

2. Article 32 which gives the Supreme Court the power to issue writs

3. Article 226 which gives High Courts the power to issue writs

Select the correct answer using the codes below.

Solution:
  • Article 13 declares that all inconsistent laws with or derogation of any of the fundamental rights shall be void. In other words, it expressly provides for the doctrine of judicial review.

  • This power has been conferred on the Supreme Court (Article 32) and the High Courts (Article 226) that can declare a law unconstitutional and invalid on the ground of contravention of any of the Fundamental Rights.

 

 

 

QUESTION: 3

Consider the following statements about Judicial review

1. By way of a constitutional amendment, the Parliament can turn down a judicial ruling in so far as it conforms to the basic structure of the constitution.

2. The judiciary can review administrative acts and the decisions taken by some of the regulatory authorities in India.

Which of these is/are correct?

Solution: The judiciary in India is immensely powerful. Barring a few cases, it has the right to review most acts/rules and regulations. Decisions taken by regulatory authorities like the Telecom Regulatory Authority of India (TRAI) are although subjected to Appellate Tribunals' scrutiny. They can also be challenged in the High courts and Supreme Court.

QUESTION: 4

Consider the following statements.

1. Judiciary is the final interpreter of the Constitution

2. Judiciary has the final power to strike down laws passed by the Parliament if they violate the Constitution's basic structure of the constitution.

Which of the above is/are correct?

 

Solution:
  • This means that if a dispute arises regarding the meaning of specific provisions of the constitution, the court gives the final version of the meaning of those specific provisions, for example, the Right to Life under Article 21 of the constitution.

  •  

    It is the power of judicial review. Under judicial review powers, the judiciary can strike down laws, administrative acts, and even constitutional amendments if they violate the constitution or the constitution's basic premises.

 

 

 

QUESTION: 5

Consider the following statements:

1. A citizen can move the Supreme Court if he/she finds a law unfair or unconstitutional.

2. The Supreme Court and High courts can completely scrap a law if it does not conform to the constitutional framework.

Which of these is/are correct?

Solution: Both the statements are correct.

QUESTION: 6

Regarding judicial activism, consider the following statements.

1. It has democratised the judicial system by giving not just to individuals, but also groups access to the courts.

2. It has forced executive accountability.

3. Judicial activism may be creating strains on this.

4. It has overburdened the courts.

5. It has also attempted to make the electoral system much more free and fair.

Which of the above statements is incorrect?

Solution:
  • Judicial activism has had a manifold impact on the political system.

  • It has democratised the judicial system by giving to individuals and groups access to the courts.

  • It has forced executive accountability. It has also attempted to make the electoral system much more free and fair. The court asked candidates contesting elections to file affidavits indicating their assets and income and educational qualifications so that the people could elect their representatives based on accurate knowledge.

QUESTION: 7

The concept of Public Interest Litigation originated in:

Solution: The concept of Public Interest Litigation originated in The United States

QUESTION: 8

Consider the following statements about the Public Interest Litigations (PILs).

1. It need not be filed by the aggrieved party only.

2. It may be introduced in suo moto by the court.

3. The provision of PILs is mentioned in the constitution of India.

Choose the correct answer using the codes below:

Solution:
  • It was introduced by Justice P.N. Bhagwati of the Supreme Court.

  • It was not mentioned in the constitution of India nor any law enacted by Parliament. It is a result of Judicial activism.

  • An individual or group of people directly files public Interest Litigation in the supreme court.

  • It was felt that the government undermines its interests. In such a situation, the court directly accepts the public good. It is a new legal horizon in which the court of law can initiate and enforce action to serve and secure significant Public Interest.

QUESTION: 9

Consider the following about Public Interest Litigation (PIL).

1. It is a legal instrument.

2. both administrative and judicial bodies can entertain it.

3. Representatives of victims can also file a PIL.

4. It can be filed only in social and environmental cases.

Choose the correct answer using the codes below.

Solution:
  • Public-Interest Litigation is litigation for the protection of the public interest. In Indian law, Article 32 of the Indian constitution contains a tool which directly joins the public with the judiciary.

  • A PIL may be introduced in a court of law by the court itself (suo moto), rather than the aggrieved party or another third party. For the exercise of the court's jurisdiction, the victim doesn't need to violate his or her rights to approach the court personally.

  • In a PIL, the right to file suit is given to a public member by the courts through judicial activism. The public member may be Non-Governmental Organisations (NGOs), an institution or an individual.

QUESTION: 10

Which of the following are some of the landmark PIL cases in India?

1. Vishaka v. State of Rajasthan

2. M.C. Mehta v. Union of India

3. Kesavananda Bharati v. State of Kerala

Select the correct answer using the codes below.

Solution:
  • Kesavananda Bharati v. the State of Kerala: This was a writ petition under A32 of the constitution. The idea of PIL did not exist in India then.

  • Vishaka v. State of Rajasthan: This case was against sexual harassment at workplace, brought by Bhanwari Devi to stop the marriage of a one-year-old girl in rural Rajasthan. Five men raped her. She faced numerous problems when she attempted to seek justice. Naina Kapur decided to initiate a PIL to challenge sexual harassment at the workplace in this supreme court.

  • M. C. Mehta v. Union of India: In this case, the court passed three landmark judgements and several orders against polluting industries which were more than 50,000 in the Ganga basin. The court shut down numerous industries and allowed them to reopen only after controlled pollution. In the end, millions of people escaped air and water pollution in the Ganga basin, including eight states in India.

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