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Q.1.Assertion (A): The rulemaking power of the Supreme Court is not subject to any law made by the Parliament of India.
Reason (R): Only an impartial and independent judiciary can protect the rights of the individual without fear of favour.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Q.2.Assertion (A): Parliament or a State Legislature should keep within the domain assigned to it and one should not trespass into the domain reserved for the other.
Reason (R): Legislation will be invalid even if it incidentally trenches or encroaches on matters which have been assigned to another legislature.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Q.3.Assertion (A): The power of Amendment under Article 368 does not include the power to alter the basic structure of the Constitution.
Reason (R): The Right to equality does not form part of the basic structure of the Constitution
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Q.4.Assertion (A): No qualification has been prescribed for the membership of the Union Public Service Commission.
Reason (R): The Constitution does not fix the number of members of the Union Public Service Commission.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
Q.5. A member of the state Public Service Commission can be removed on the ground of misbehaviour only after an inquiry has been held by___________?
(a) A Joint Parliamentary Committee
(b) The Supreme Court of India
(c) The High Court of the concerned state
(d) A Committee constituted by the Governor of the state
Q.6.Which one of the following pairs is not correctly matched?
(a) Right to Equality: Includes the principle of natural justice.
(b) Right to personal liberty: Includes right to livelihood
(c) Protection available to an accused person: Includes protection against ex-post-facto laws in civil matters
(d) Protection against arrest and detention: Includes right to consult and to be defended by a legal practitioner of one’s choice
Q.7.The rules for regulating the practice and procedure of the Supreme Court under Article 145 of the Constitution are made by the________________?
(a) President of India
(b) Supreme Court with the approval of the President of India
(c) Supreme Court alone
(d) Supreme Court in consultation with the Bar Council of India.
Q.8.Which one of the following pairs is correctly matched?
(a) Writ of Habeas Corpus: Issued only to the state
(b) Writ of Mandamus: Issued to the public servant
(c) Writ of Quo Warranto: Issued to the subordinate courts
(d) Writ of Prohibition: Issued to the private individual
Q.9.Law declared by the Supreme Court shall be binding on all the courts within the territory of India. Here `courts’ means_______________?
(a) all courts including the Supreme Court of India
(b) all courts except the Supreme Court of India
(c) all courts including the Supreme Court except such benches of the Supreme Court which consists of seven judges or more
(d) all courts including the Supreme Court except a bench of the Supreme Court which consists of all the judges of the Supreme Court
Q.10.After the judgement of the Supreme Court in the Mandal case, it has been observed that. “The poisonous weed of casteism has been replanted where it will trouble us a thousand years: Each age will have to consider it.” This was observed by___________?
(a) Prof. Upendra Baxi
(b) N.A. Palkhiwala
(c) Ram Jethmalani
(d) Justice P.N. Bhagwati
Answers with Explanations
1.Correct Answer: D
Explanation- Here ‘A ‘ is false but ‘R’ is true. Because:
Under Article 145 the Supreme Court has power with the approval of the President, to make rules to regulate its own procedure. But this power is subject to any law made by Parliament.
It is true that only an impartial and independent judiciary can protect the rights of the individual without fear of favour. Because the very existence of a right depends upon the remedy for its enforcement For this purpose an independent and impartial judiciary with a power of judicial review has been established under the Constitution of India. It is the custodian of the rights of citizens. Hence Option D is correct.
2.Correct Answer: A
Explanation- Here Both ‘A’ and ‘R’ are correct and ‘R’ correctly explains ‘A’. Because:
The power of Centre and State are divided. They cannot make law outside their allotted subjects. Within their respective spheres, the Union and the State Legislatures are made supreme and they should not encroach into. The sphere reserved for the other. If a law passed by one encroaches upon the field assigned to the other will be invalid even if it incidentally trenches or encroaches on matters which have been assigned to another. Hence option A is correct.
3.Correct Answer: C
Explanation- Here ‘A’ is true but ‘R’ is false. Because:
In Keshavanand Bharti v. Union of India, the Supreme Court held that Article 368 does not confer power to amend the Constitution so as to damage or destroy the essential elements or basic features of the Constitution.
Through, there is no implied limitation on the amending power but the power to amend does not include the power to abrogate the Constitution. The right of equality which is based on the Rule of Law has been held as the basic feature of the Constitution. Hence Option C is correct.
4.Correct Answer: B
Explanation- Both ‘A’ and ‘R’ true but ‘R’ is not a correct explanation of ‘A’. Because:
There is no provision in the constitution which provides the qualification and number of the members of the Commission.
Article 318 provides that the President or the Governor as the case may be may determine the number of members and staff of the commission and regulate their conditions of service.
Hence Option B is correct.
5.Correct Answer: B
Explanation- According to Article 317 (1) the Chairman or any other member of a Public Service Commission shall only be removed from his office by order of the President on the ground of misbehaviour after the Supreme Court, on a reference being made to it by the President, has an inquiry held in accordance will the procedure prescribed in that behalf under article 145, reported that the Chairman or such other member as the case may be, ought on any such ground to be removed. Hence Option B is correct.
6.Correct Answer: C
Explanation- Article 20 (1) imposes a limitation on the law-making power of the Legislature. Ordinarily, a Legislature can make prospective as well as retrospective laws, but clause (1) of Article 20 prohibits. the legislature to make retrospective criminal laws. It does not prohibit the Imposition of civil liability retrospectively i.e., with effect from a past date. Hence Option C is correct.
7.Correct Answer: B
Explanation- Under Article 145 the Supreme Court has power with the approval of the President to make rules to regulate its own procedure. This is however subject to any law made by Parliament. Hence Option B is correct.
8.Correct Answer: B
Explanation- The writ of Mandamus is an order by a Superior Court Commanding a person or a public authority [including the Government and Public Corporation] to do or forbear to do something in the nature of Public duty or in certain cases of statutory duty. Hence Option B is correct.
9.Correct Answer: B
Explanation- The expression “all courts, within the territory of India” under Article 141 clearly means courts other than the Supreme Court. Thus the Supreme Court is not bound by its own decisions and may in proper case Its previous decisions, Hence Option B is correct.
10.Correct Answer: C
Explanation- Prof Upendra Baxi stated that the poisonous weed of casteism has been replanted where it will trouble us a thousand years: and each age will have to consider it. Hence Option C is correct.