Static Quiz 04 February 2025 (Polity)
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Static Quiz 04 February 2025 (Polity) For UPSC Exam
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- Question 1 of 5
1. Question
Consider the following statements:
Statement-I: Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights.
Statement-II: It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them.
Which one of the following is correct in respect of the above statements?CorrectQ1.a
Explanation:
Jurisdiction of the Supreme Court
• Article 32 of the Constitution grants the Supreme Court extensive original jurisdiction for enforcing Fundamental Rights.
• It is empowered to issue directions, orders, or writs (habeas corpus, mandamus, prohibition, quo warranto, and certiorari) for their enforcement.
• The Supreme Court can transfer any civil or criminal case:
◦ From one State High Court to another.
◦ From a court subordinate to one High Court to another High Court.
• If cases involving substantially the same legal question are pending in multiple High Courts or the Supreme Court, the Supreme Court can withdraw and adjudicate them itself.
• Under the Arbitration and Conciliation Act, 1996, the Supreme Court has jurisdiction over International Commercial Arbitration.IncorrectQ1.a
Explanation:
Jurisdiction of the Supreme Court
• Article 32 of the Constitution grants the Supreme Court extensive original jurisdiction for enforcing Fundamental Rights.
• It is empowered to issue directions, orders, or writs (habeas corpus, mandamus, prohibition, quo warranto, and certiorari) for their enforcement.
• The Supreme Court can transfer any civil or criminal case:
◦ From one State High Court to another.
◦ From a court subordinate to one High Court to another High Court.
• If cases involving substantially the same legal question are pending in multiple High Courts or the Supreme Court, the Supreme Court can withdraw and adjudicate them itself.
• Under the Arbitration and Conciliation Act, 1996, the Supreme Court has jurisdiction over International Commercial Arbitration. - Question 2 of 5
2. Question
Consider the following:
1. Violation of basic human rights of the poor
2. Content or conduct of government policy
3. Compel municipal authorities to perform a public duty
4. Violation of religious rights or other basic fundamental rights
In how many of the above matters can Public Interest Litigation (PIL) be filed?CorrectQ2.d
Explanation:
Public Interest Litigation (PIL)
• In Indian law, PIL refers to litigation aimed at protecting public interest.
• It can be initiated by:
◦ The court itself (suo motu).
◦ Any private party, even if not personally aggrieved.
• The court need not wait for the actual victim to approach it.
• PIL is a result of judicial activism, enabling public participation in judicial proceedings.
• Common reasons for PIL cases:
◦ The victim lacks resources to file a case.
◦ The victim’s freedom to move the court is restricted or suppressed.
• PIL can be filed for various public causes, including:
◦ Violation of basic human rights of the poor.
◦ Content or conduct of government policy.
◦ Compelling municipal authorities to perform their public duties.
◦ Violation of religious or fundamental rights.
◦ Issues like pollution, terrorism, road safety, and construction hazards.
• Legal status:
◦ PIL is not defined in any statute or act.
◦ It has been shaped by judicial interpretation to serve public interest.IncorrectQ2.d
Explanation:
Public Interest Litigation (PIL)
• In Indian law, PIL refers to litigation aimed at protecting public interest.
• It can be initiated by:
◦ The court itself (suo motu).
◦ Any private party, even if not personally aggrieved.
• The court need not wait for the actual victim to approach it.
• PIL is a result of judicial activism, enabling public participation in judicial proceedings.
• Common reasons for PIL cases:
◦ The victim lacks resources to file a case.
◦ The victim’s freedom to move the court is restricted or suppressed.
• PIL can be filed for various public causes, including:
◦ Violation of basic human rights of the poor.
◦ Content or conduct of government policy.
◦ Compelling municipal authorities to perform their public duties.
◦ Violation of religious or fundamental rights.
◦ Issues like pollution, terrorism, road safety, and construction hazards.
• Legal status:
◦ PIL is not defined in any statute or act.
◦ It has been shaped by judicial interpretation to serve public interest. - Question 3 of 5
3. Question
Consider the following statements:
1. Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments.
2. Judicial activism refers to a theory of judgment that takes into account the spirit of the law and the changing times.
3. Judicial restraint relies on a strict interpretation of the law and the importance of legal precedent.
How many of the above statements are incorrect?CorrectQ3.d
Explanation:
Judicial Review
• Judicial review allows courts to examine the constitutionality of legislative and executive actions at both Central and State levels.
• Objectives of Judicial Review:
◦ To uphold the supremacy of the Constitution.
◦ To maintain federal equilibrium (balance between Centre and States).
◦ To protect Fundamental Rights of citizens.
Judicial Activism vs. Judicial Restraint
• The judiciary plays an active role in governance.
• Judicial Activism:
◦ Judges interpret laws in light of the spirit of the Constitution and changing societal needs.
◦ It enables progressive and innovative legal decisions.
• Judicial Restraint:
◦ Judges follow a strict interpretation of the law.
◦ Decisions are based on legal precedent, avoiding unnecessary judicial interference.
• The two approaches represent contrasting judicial philosophies, shaping judicial decision-making.IncorrectQ3.d
Explanation:
Judicial Review
• Judicial review allows courts to examine the constitutionality of legislative and executive actions at both Central and State levels.
• Objectives of Judicial Review:
◦ To uphold the supremacy of the Constitution.
◦ To maintain federal equilibrium (balance between Centre and States).
◦ To protect Fundamental Rights of citizens.
Judicial Activism vs. Judicial Restraint
• The judiciary plays an active role in governance.
• Judicial Activism:
◦ Judges interpret laws in light of the spirit of the Constitution and changing societal needs.
◦ It enables progressive and innovative legal decisions.
• Judicial Restraint:
◦ Judges follow a strict interpretation of the law.
◦ Decisions are based on legal precedent, avoiding unnecessary judicial interference.
• The two approaches represent contrasting judicial philosophies, shaping judicial decision-making. - Question 4 of 5
4. Question
Regarding the Parliamentary committees, consider the following statements:
1. The members of these committees are elected or nominated from among the Members of Parliament (MPs) from both houses.
2. Standing Committees are temporary committees that are constituted for a fixed term, usually for a year.
3. Ad Hoc Committees are permanent committees formed to investigate specific issues or events that require immediate attention.
Which of the above statements is/are correct?CorrectQ4.a
Explanation:
• Statement 2 is incorrect: Standing Committees are permanent committees but are constituted for a fixed term, usually one year.
• Statement 3 is incorrect: Ad Hoc Committees are temporary and are formed to investigate specific issues that require immediate attention.IncorrectQ4.a
Explanation:
• Statement 2 is incorrect: Standing Committees are permanent committees but are constituted for a fixed term, usually one year.
• Statement 3 is incorrect: Ad Hoc Committees are temporary and are formed to investigate specific issues that require immediate attention. - Question 5 of 5
5. Question
. Consider the following statements:
1. The Judges of the Supreme Court are appointed by the President.
2. The Judges of the High Courts are appointed by the Governors of the respective states.
3. The Judges of both the Supreme Court and the High Courts can only be removed by an order of the President.
How many of the statements given above are correct?CorrectQ5.b
Explanation:
• Article 124: Every judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal, after consultation with such judges of the Supreme Court and High Courts as the President may deem necessary.
• A judge holds office until attaining the age of 65 years.
• For the appointment of a judge other than the Chief Justice, the Chief Justice of India (CJI) must be consulted. (Hence, statement 1 is correct.)
Article 217 (High Court Judges):
• The President appoints High Court judges after consulting:
◦ Chief Justice of India (CJI)
◦ Governor of the State
◦ Chief Justice of the High Court (for appointments other than Chief Justice).
• (Hence, statement 2 is not correct.)
Collegium System:
• Consists of the CJI and the four senior-most Supreme Court judges.
• Decides on appointments, elevations, and transfers of judges.
• Not mentioned in the Constitution but established through judicial pronouncements.
Removal of Judges (Article 124):
• Supreme Court and High Court judges can only be removed by an order of the President.
• Requires an address by each House of Parliament, supported by:
◦ Majority of the total membership of the House.
◦ Two-thirds of the members present and voting.
• Grounds for removal: Proven misbehavior or incapacity. (Hence, statement 3 is correct.)
• Judges serve until 65 years (SC) and 62 years (HC) unless removed for proven misconduct.IncorrectQ5.b
Explanation:
• Article 124: Every judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal, after consultation with such judges of the Supreme Court and High Courts as the President may deem necessary.
• A judge holds office until attaining the age of 65 years.
• For the appointment of a judge other than the Chief Justice, the Chief Justice of India (CJI) must be consulted. (Hence, statement 1 is correct.)
Article 217 (High Court Judges):
• The President appoints High Court judges after consulting:
◦ Chief Justice of India (CJI)
◦ Governor of the State
◦ Chief Justice of the High Court (for appointments other than Chief Justice).
• (Hence, statement 2 is not correct.)
Collegium System:
• Consists of the CJI and the four senior-most Supreme Court judges.
• Decides on appointments, elevations, and transfers of judges.
• Not mentioned in the Constitution but established through judicial pronouncements.
Removal of Judges (Article 124):
• Supreme Court and High Court judges can only be removed by an order of the President.
• Requires an address by each House of Parliament, supported by:
◦ Majority of the total membership of the House.
◦ Two-thirds of the members present and voting.
• Grounds for removal: Proven misbehavior or incapacity. (Hence, statement 3 is correct.)
• Judges serve until 65 years (SC) and 62 years (HC) unless removed for proven misconduct.
