Indian Polity GK Quiz-52

Indian Polity GK Quiz-52

Indian Polity Multiple Choice Questions (MCQs) Quiz for State and UPSC Civil Services Examinations. Objective Questions on Indian Polity for competitive examinations.

    1. Who is authorised to transfer the Judge of one High Court to another High Court ?

    (1) The President
    (2) The Chief Justice of India
    (3) A Collegium of Judges of the Supreme Court
    (4) The Law Minister
    Answer:
    1. (1) Article 222 empowers the President to transfer judges from one High Court to another. Clause (2) of this article goes on to provide that when a judge is so transferred he shall be entitled to receive in addition to his salary a compensatory allowance. It is felt that there is no real justification for granting such an allowance and it is accordingly proposed to omit clause.

    2. The civil affairs like marriage, divorce, inheritance etc. which has been authorised by the Constitution to make legal laws ?

    (1) Centre, by the Union List of the Constitution
    (2) States, by the State List of the Constitution
    (3) Centre and States, by the Concurrent List of the Constitution
    (4) Religious authorities which have relation to individual affairs
    Answer:
    2. (3) Part XI of the Indian constitution defines the power distribution between the federal government (the Centre) and the States in India. This part is divided between legislative and administrative powers. The legislative section is divided into three lists: Union list, States list and Concurrent list. Concurrent list consists of 52 items (previously 47 items). Uniformity is desirable but not essential on items in this list: Marriage and divorce, transfer of property other than agricultural land, education, contracts, bankruptcy and insolvency, trustees and trusts, civil procedure, contempt of court, adulteration of foodstuffs, drugs and poisons, economic and social planning, trade unions, labour welfare, electricity, newspapers, books and printing press, stamp duties.

    3. Why did one of the High Courts in India decree that “bandhs are unconstitutional and punitive”?

    (1) It infringes on the fundamental rights of some groups of people
    (2) It is not in exercise of a fundamental freedom
    (3) It adversely affects production
    (4) It is not part of a right to protest
    Answer:
    3. (2) The Kerala High Court in 1997 declared that bandhs are unconstitutional. Freedom is seen as the
    will and aspiration of an individual to live without suppression or duress. Apart from being a huge blow
    to economy, they throw normal life out of gear, infringing upon the very concept of freedom.

    4. To whome can a case of dispute in the election of the President of India be referred to ?

    (1) Election Commission
    (2) Parliament
    (3) Supreme Court of India
    (4) Cabinet
    Answer:
    4. (3) According to Article 71 of the Constitution, all doubts and disputes arising out of or in connection
    with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court. Further, according to section 14 of the Presidential and Vice-Presidential Elections Act, 1952, an election petition can be filed before the Supreme Court.

    5. What is the category in which the negtotiating strategy of a strike by the Government employees falls ?

    (1) Fundamental Rights of freedom of association and expression
    (2) Legal Right
    (3) Trade Union right as common law
    (4) There is no right
    Answer:
    5. (2) Indian laws have always recognized the workers’ right to strike. The Supreme Court of India has
    invariably maintained the “right to strike” as not a fundamental right, but a legal right that workers can
    exercise as part of collective bargaining, wage bargaining and dispute resolution. However, several
    court rulings have also been in opposition to the right to strike, be it by political parties or trade unions.
    Some favourable court rulings on the workers’ right to strike are: the Gujarat Steel Tubes v. Mazdoor
    Sabha AIR 1980 SC 1896, where the right to strike was held as integral to collective bargaining and as
    supported by social justice. Indian laws comprising sections 22, 23, and 24 of the Industrial Disputes
    Act, 1947 imply that industries, such as hospitals, government departments, educational institutions and
    clubs, have the right to strike. Strikes may be legal or illegal, based on the procedure for strike, and it is
    decided by the judiciary.

    6. Which of the following is at the apex of the subordinate criminal courts ?

    (1) Supreme Court
    (2) High Court
    (3) Court of Sessions Judge
    (4) Court of District Judge
    Answer:
    6. (3) In every district there are civil courts and criminal courts. Under criminal courts, there are courts of the District and Sessions Judge, Additional Sessions Judges, Assistant Sessions Judge and the courts of the first class magistrates. The District and Sessions judge may pass any legal sentence but a death
    sentence is subject to confirmation by the High Court. An Assistant-sessions Judge has the power to
    sentence a person to ten years imprisonment. A first class Magistrate may pass a sentence of
    imprisonment not exceeding two years or a fine not exceeding one thousand rupees.

    7. Which among the following court has the original jurisdiction to hear petition and give decision challenging election of the Lok Sabha/ Vidhan Sabha ?

    (1) District Court of a constituency
    (2) High Court of the State
    (3) Special Judge authorised by the Chief Justice of India
    (4) Supreme Court
    Answer:
    7. (2) The High Court has the original jurisdiction to hear petition and give decision challenging election of the Lok Sabha/ Vidhan Sabha.

    8. Who is empowered to transfer a Judge from one High Court to another High Court?

    (1) Chief Justice of India
    (2) President of India
    (3) Law Minister of India
    (4) The Union Cabinet
    Answer:
    8. (2) Article 222 empowers the President to transfer judges from one High Court to another. Clause (2) of this article goes on to provide that when a judge is so transferred he shall be entitled to receive in addition to his salary a compensatory allowance.

    9. The main function of the judiciary is :

    (1) law formulation
    (2) law execution
    (3) law adjudication
    (4) law application
    Answer:
    9. (3) Administration of justice is the primary function of the judiciary. However, the judiciary performs
    certain other function too. These functions may be judicial in character but some of these functions are
    non-judicial in nature. Firstly, when a dispute is brought before a court, it is the responsibility of the
    court to ‘determine the facts’ involved. The usual manner in which the courts determine the facts is
    through evidence given by the contestants. Once the facts have been established, the court proceeds to
    decide what law is applicable to a particular controversy or circumstance. Herein the judiciary becomes the interpreter of laws, which is the prime function of the judiciary. So the major task of the judiciary is to ‘determine’ the facts of laws and to apply them to particular circumstance.

    10. The salaries and emoluments of the judges of the Supreme Court are charged on :

    (1) The Reserve Bank of India
    (2) The Contingency Fund of India
    (3) The Consolidated Fund of India
    (4) The Finance Commission
    Answer:
    10. (3) Article 101 deals with remuneration of Judges of the Supreme Court. It states that the salaries payable to the Judges of the Supreme Court under this Constitution shall be charged on and paid out of the Consolidated Fund. The following expenditure are charged on the Consolidated Fund of India: the
    emoluments and allowances of the President and other expenditure relating to his office; the salaries
    and allowances of the Chairman and the Deputy Chairman of the Council of States and the Speaker
    and the Deputy Speaker of the House of the People; debt charges for which the Government of India is
    liable; the salary, allowances and pension payable to or in respect of the Comptroller and Auditor General of India; etc.

    11. Judges of the Supreme Court and High Court can be removed by

    (1) The President
    (2) Parliament
    (3) Union Council of Ministers
    (4) Chief Justice of the Supreme court
    Answer:
    11. (1) A judge of the Supreme Court can be removed by the President from his position only on the ground of proved misbehaviour or incapacity if a resolution in this regard is passed by the Parliament supported by two-thirds of the members present and voting in each Hose and the majority of the total membership of each House. The President may remove a judge of a High Court on the ground of “proved misbehaviour” or “incapacity.”

    12. Where the High Courts in India first set up ?

    (1) Delhi and Calcutta
    (2) Bombay, Madras, Calcutta
    (3) Bombay, Del0hi, Calcutta
    (4) Madras and Bombay
    Answer:
    12. (2) The Calcutta High Court is the oldest High Court in the country, established on 2 July, 1862. Madras High Court in Chennai, Bombay High Court in Mumbai, Calcutta High Court in Kolkata are the first three High Courts in India. Note : There are 24 High Courts at the state and union territory level of India, which together with the Supreme Court of India at the national level, comprise the country’s judicial system. In 2013 The Centre has constituted three new High Courts in the northeast — Meghalaya, Manipur and Tripura — taking the total number of High Courts in the country from 21 to 24.

    13. What does the “Judicial Review” function of the Supreme Court mean ?

    (1) Review its own judge-ment
    (2) Review the functioning of judiciary in the country
    (3) Examine the constitu-tional validity of the laws
    (4) Undertake periodic review of the Consti-tution
    Answer:
    13. (3) The Supreme Court has been given the power to decide whether a law passed by the Parliament or the State legislatures and the executive decisions taken by the Central or State government is
    constitutional or not. If such a law or executive decision is found unconstitutional, then it can declare
    it as invalid. 

    14. The Basic Structure of our Constitution was proclaimed by the Supreme Court in

    (1) Keshvananda Bharati Case
    (2) Golak Nath Case
    (3) Minerva Mills Case
    (4) Gopalan Case
    Answer:
    14. (1) The basic structure doctrine was first articulated by Justice Hans Raj Khanna in the landmark decision of Kesavananda Bharati v. State of Kerala (case citation: AIR 1973 SC 1461). Previously, the Supreme Court had held that the power of parliament to amend the constitution was unfettered. However, in this landmark ruling, the court adjudicated that while parliament has “wide” powers, it did not have the power to destroy or emasculate the basic elements or fundamental features of the constitution.

    15. An appeal to the High Court lies in case the Session Court has awarded the punishment of

    (1) one year or more
    (2) two years or more
    (3) three years or more
    (4) four years or more
    Answer:
    15. (4) Under various Central and State enactments, the High Court has been conferred with appellate as well as revisional jurisdiction. Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years [has been passed against him or against any other person convicted at the same trial]; may appeal to the High Court.

    16. The Supreme Court of India enjoys

    (1) original jurisdictions.
    (2) advisory jurisdictions.
    (3) appellate and advisory jurisdictions.
    (4) original, appellate and advisory jurisdictions.
    Answer:
    16. (4) The Supreme Court has original, appellate and advisory jurisdiction under Articles 32, 131–144 of the Constitution. The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution. The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Articles 132(1), 133(1) or 134 of the Constitution in respect of any judgment, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution. The court has exclusive original jurisdiction over any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends.

    17. The Judges of the High Court hold office

    (1) during the pleasure of the Chief Justice of India
    (2) till they have attained 62 years of age
    (3) till they have attained 65 years of age
    (4) as long as they desire
    Answer:
    17. (2) The appointment and removal of the Judges of the High Courts are governed by Article 217 of the Indian Constitution. Clause (1) of Article 217 says that “every judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court and shall hold office, in the case of an additional or acting judge, as provided in Article 224, and in any other case, until he attains the age of sixty-two years”

    18. In which case did the Supreme Court restore the primacy of the Fundamental Rights over the Directive Principles of State Policy ?

    (1) Golaknath Case
    (2) Keshavananda Bharti Case
    (3) Minerva Mills Case
    (4) All the above cases
    Answer:
    18. (3) The Directive Principles have been used to uphold the Constitutional validity of legislations in case of a conflict with the Fundamental Rights. Article 31C, added by the 25th Amendment in 1971, provided that any law made to give effect to the Directive Principles in Article 39(b)–(c) would not be invalid on the grounds that they derogated from the Fundamental Rights conferred by Articles 14, 19 and 31. The application of this article was sought to be extended to all the Directive Principles by the 42nd Amendment in 1976, but the Supreme Court struck down the extension as void on the ground that it violated the basic structure of the Constitution. Minerva Mills Ltd. and Ors. v. Union Of India and
    Ors. (case citation: AIR 1980 SC 1789) is a landmark decision of the Supreme Court of India that applied and evolved the basic structure doctrine of the Constitution of India. Section 4 of the 42nd
    Amendment, had amended Article 31C of the Constitution to accord precedence to the Directive
    Principles of State Policy articulated in Part IV of the Constitution over the Fundamental Rights of
    individuals articulated in Part III. By a verdict of 4-1, with Justice Prafullachandra Natwarlal Bhagwati
    dissenting, the court held section 4 of the 42nd Amendment to be unconstitutional.

    19. Which of the following is not the essential qualification for appointment as a Judge of the Supreme Court of India?

    (1) Should be a citizen of India
    (2) Should be at least 35 years of age
    (3) Should have practised for at least 10 years as an advocate in one or more High Courts
    (4) Should be an eminent jurist
    Answer:
    19. (2) The Constitution of India mentions certain conditions for a person to be eligible for being a judge of the Supreme Court of India. In order to be appointed as a Judge of the Supreme Court, a person must be a citizen of India and must have been, for atleast five years, a Judge of a High Court or of two or more such Courts in succession, or an Advocate of a High Court or of two or more such Courts in succession for at least 10 years or he must be, in the opinion of the President, a distinguished jurist. 

    20. Judicial review in the Indian Constitution is based on :

    (1) Rule of Law
    (2) Due process of Law
    (3) Procedure established by Law
    (4) Precedents and Conventions
    Answer:
    20. (3) Judicial review is adopted in the Constitution of India from the Constitution of the United States of America. In the Indian constitution, Judicial review is dealt with under Article 13. Judicial Review refers that the Constitution is the supreme power of the nation and all laws are under its supremacy. The
    Supreme Court of India while interpreting a law will not itself legislate. It will not question the
    reasonableness of any law except where the constitution has expressly authorised the court to exercise the power. Normally, it works according to procedure established by law.

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