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Test: Judicial Review of the Constituent Power - Judiciary Exams MCQ


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10 Questions MCQ Test - Test: Judicial Review of the Constituent Power

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Test: Judicial Review of the Constituent Power - Question 1

What is the primary purpose of judicial review within the legal system?

Detailed Solution for Test: Judicial Review of the Constituent Power - Question 1
The primary purpose of judicial review within the legal system is to ensure that laws and actions are in line with the constitution. This empowers the judiciary to declare laws unconstitutional if they violate the constitution's provisions or fundamental rights, thus maintaining the balance of power and upholding the rule of law. Judicial review acts as a critical mechanism to safeguard the principles enshrined in the constitution and to ensure that the government operates within its legal boundaries.
Test: Judicial Review of the Constituent Power - Question 2

In the case of Keshvanandan Bharti v. State of India, what doctrine did the Supreme Court establish?

Detailed Solution for Test: Judicial Review of the Constituent Power - Question 2
In the landmark case of Keshvanandan Bharti v. State of India, the Supreme Court established the Basic Structure Doctrine. This doctrine asserts that while Parliament has the authority to amend the constitution, it cannot alter its essential framework. The Basic Structure Doctrine serves as a safeguard to prevent any changes that could undermine the core principles and values of the constitution, ensuring its integrity and stability.
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Test: Judicial Review of the Constituent Power - Question 3

What is the significance of the judiciary's role in safeguarding fundamental rights?

Detailed Solution for Test: Judicial Review of the Constituent Power - Question 3

The judiciary's role in safeguarding fundamental rights is crucial for upholding the constitution and ensuring that the rights of individuals are protected. By serving as a check on legislative and executive actions, the judiciary plays a vital role in interpreting laws, resolving disputes, and safeguarding the fundamental rights enshrined in the constitution. This function is essential for maintaining the rule of law, promoting justice, and preserving the rights and liberties of citizens.

Test: Judicial Review of the Constituent Power - Question 4
What was the aim of the 24th Amendment in relation to judicial review and parliamentary authority?
Detailed Solution for Test: Judicial Review of the Constituent Power - Question 4
The 24th Amendment aimed to limit judicial review and strengthen parliamentary authority. By placing restrictions on judicial review, this amendment sought to enhance the powers of the legislative branch and reduce potential interference from the judiciary in matters related to constitutional interpretation. This adjustment was intended to maintain a balance of power between the different branches of government while emphasizing the authority of Parliament in the legal system.
Test: Judicial Review of the Constituent Power - Question 5
What does Article 32 of the Indian Constitution guarantee individuals the right to do?
Detailed Solution for Test: Judicial Review of the Constituent Power - Question 5
Article 32 of the Indian Constitution guarantees individuals the right to move to the Supreme Court for the enforcement of fundamental rights. This provision is a crucial mechanism that protects citizens from potential legislative or executive overreach.
Test: Judicial Review of the Constituent Power - Question 6
How does the concept of the basic structure doctrine impact the process of amending the constitution?
Detailed Solution for Test: Judicial Review of the Constituent Power - Question 6
The basic structure doctrine restricts changes that affect the core principles of the constitution. By establishing this doctrine, the judiciary safeguards certain fundamental features and principles of the constitution from being altered through the amendment process. This limitation ensures that while the constitution can be amended to reflect changing societal needs, its essential framework and key values remain protected, maintaining the integrity and stability of the constitutional structure.
Test: Judicial Review of the Constituent Power - Question 7
In the case of RN Kumar v. Municipal Corp. of Delhi, what did the Supreme Court emphasize regarding approaching the apex court under Article 32?
Detailed Solution for Test: Judicial Review of the Constituent Power - Question 7
In the case of RN Kumar v. Municipal Corp. of Delhi, the Supreme Court emphasized that while Article 32 provides an expedited remedy, individuals should first seek relief in high courts before approaching the apex court. This ensures a hierarchical approach to seeking legal remedies.
Test: Judicial Review of the Constituent Power - Question 8

What role do judicial review and mechanisms like Article 32 play in India?

Detailed Solution for Test: Judicial Review of the Constituent Power - Question 8

Judicial review and mechanisms like Article 32 play a pivotal role in upholding the rule of law and ensuring constitutional governance in India. These mechanisms serve as checks and balances to prevent any potential abuse of power by the legislative or executive branches.

Test: Judicial Review of the Constituent Power - Question 9
Why is Article 32 considered a vital mechanism in the Indian Constitution?
Detailed Solution for Test: Judicial Review of the Constituent Power - Question 9
Article 32 is considered a vital mechanism in the Indian Constitution because it guarantees individuals the right to move directly to the Supreme Court for the enforcement of fundamental rights. This provision ensures that citizens have a direct avenue to seek legal remedies for any violations of their fundamental rights.
Test: Judicial Review of the Constituent Power - Question 10
What is the significance of individuals seeking relief in high courts before approaching the apex court under Article 32?
Detailed Solution for Test: Judicial Review of the Constituent Power - Question 10
The significance of individuals seeking relief in high courts before approaching the apex court under Article 32 lies in ensuring a structured approach to seeking legal remedies. By following this hierarchical process, individuals can first seek redress at a lower level before escalating the matter to the Supreme Court, promoting a systematic and efficient legal process.
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