Test: Judiciary - 1 - CUET Humanities MCQ

Directive Principles of State Policy enjoin the separation of the Judiciary from the Executive. This principle is enshrined in Article 50 of the Constitution of India, which states that "the State shall take steps to separate the judiciary from the executive in the public services of the State."
The Preamble to the Constitution sets out the aims and objectives of the Constitution and does not specifically mention the separation of powers.
The Judiciary has also delivered several judgments upholding the principle of separation of powers, but these judicial decisions do not enjoin the separation of the Judiciary from the Executive.
The Seventh Schedule of the Constitution contains the Union List, State List, and Concurrent List, which define the powers and responsibilities of the Union and State governments and do not specifically address the separation of powers.

'Certiorari' quashes the order of a lower court that has been without jurisdiction. If the court hears the cause or matter and gives a decision, then the party aggrieved would have to move the superior court for a writ of Certiorari and on that, an order will be made quashing the decision on the ground of want of jurisdiction.

Option (1) is incorrect: 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.
Option (2) is incorrect: Writ jurisdiction of the Supreme Court has been dealt with in Article 32 of the Constitution of India.
Option (3) is incorrect: Original jurisdiction of the Supreme Court has been dealt with in Article 131 of the Constitution of India.
Option (4) is correct: Advisory jurisdiction of the Supreme Court has been dealt with in Article 143 of the Constitution of India.

Article 13 of the original Constitution said that the State shall not make any law that takes away or abridges the rights given to the citizens in Part III and any such law made in contravention of this Article shall be deemed void to the extent of contravention. Therefore, the Parliament cannot amend the Constitution in a way that takes away the Fundamental Rights of the citizens.
In the case of Shankari Prasad v. Union of India, the Supreme Court tested this concept. It was challenged that amendment (in this case an amendment to Article 31A and 31B) that takes away Fundamental Right of the citizens is not allowed by Article 13. It was argued that State includes Parliament and Law includes Constitutional Amendments.
Therefore, the question whether the Fundamental Rights can be amended under Art. 368 came for consideration first time in the case of Shankari Prasad v. Union of India.

Supreme court has decided in Keshavanand Bharati V/s. State of Kerala, that Parliament can amend any provision of the constitution but not to alter the basic structure and basic feature of the constitution. It held that the "basic structure of the Constitution could not be abrogated even by a constitutional amendment".

According to Seventh Schedule of the Indian Constitution, Concurrent List contains only 47 subjects. Hence, it is the correct answer.

The Constitution of India under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgement or order or decree in any matter or cause, passed or made by any court/tribunal in the territory of India.

Removal proceedings against a judge of the Supreme Court or the High Court can be initiated in either House of Parliament. For this, a notice of a motion to remove the judge has to be signed,

• If emanating from the Lok Sabha, by not less than one hundred members,
• If emanating from the Rajya Sabha, by not less than fifty members.

A Supreme Court or High Court judge can be impeached on the grounds of proved misbehaviour or incapacity. The law on this aspect can be found in Articles 124(4),(5), 217, and 218 of the Constitution of India, and the provisions of the Judges (Inquiry) Act, 1968 and corresponding rules.

The residuary powers of legislation are vested in the Parliament. Article 248(2) of the Constitution of India says that the Parliament has exclusive power to make any law with respect to any matter not enumerated in lists II and III.

Article 124 of the Constitution of India provides that the Supreme Court of India shall consist of a Chief Justice and 7 other Judges appointed by the President. Later on the number of Judges was increased to the strength of 31 including the Chief Justice and other Judges of the Supreme Court. There are currently 33 judges (including the Chief Justice of India) against a maximum possible strength of 34. As per the Constitution of India, judges of the Supreme Court retire at age 65. 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.