Indian Constitution: Judiciary & Emergency Provisions – PenExam

Indian Constitution: Judiciary & Emergency Provisions

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Question No. 1 Marks +1 -0 Time

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Which of the following statements regarding the appointment of judges to the Supreme Court of India is correct?

A. The President appoints judges after consultation with the Chief Justice of India and such other judges of the Supreme Court and High Courts as he deems necessary.
B. The President appoints judges solely on the recommendation of the Union Cabinet.
C. The Chief Justice of India has the sole power to appoint Supreme Court judges.
D. Judges are appointed by a collegium of the Chief Justice of India and four senior-most judges of the Supreme Court, whose recommendation is binding on the President.

A. The President appoints judges after consultation with the Chief Justice of India and such other judges of the Supreme Court and High Courts as he deems necessary.
B. The President appoints judges solely on the recommendation of the Union Cabinet.
C. The Chief Justice of India has the sole power to appoint Supreme Court judges.
D. Judges are appointed by a collegium of the Chief Justice of India and four senior-most judges of the Supreme Court, whose recommendation is binding on the President.

Question No. 2 Marks +1 -0 Time

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The power of 'Judicial Review' in India implies which of the following?

A. The power of the Supreme Court to declare a law unconstitutional if it violates the provisions of the Constitution.
B. The power of the President to review judgments passed by the Supreme Court.
C. The power of the Parliament to review the functioning of the judiciary.
D. The power of the Chief Justice of India to review his own judgments.

A. The power of the Supreme Court to declare a law unconstitutional if it violates the provisions of the Constitution.
B. The power of the President to review judgments passed by the Supreme Court.
C. The power of the Parliament to review the functioning of the judiciary.
D. The power of the Chief Justice of India to review his own judgments.

Question No. 3 Marks +1 -0 Time

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Match the following writs with their appropriate meanings:

List I (Writs)	List II (Meaning)
1. Habeas Corpus	i. To forbid
2. Mandamus	ii. By what authority
3. Prohibition	iii. We command
4. Quo Warranto	iv. You may have the body

Choose the correct matching:

A. 1-i, 2-ii, 3-iii, 4-iv
B. 1-iv, 2-iii, 3-i, 4-ii
C. 1-ii, 2-iv, 3-iii, 4-i
D. 1-iii, 2-i, 3-iv, 4-ii

Question No. 4 Marks +1 -0 Time

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Under which article of the Indian Constitution can the President declare a National Emergency on the grounds of war, external aggression, or armed rebellion?

A. Article 356
B. Article 358
C. Article 352
D. Article 360

Question No. 5 Marks +1 -0 Time

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Arrange the following events related to the Indian Judiciary in chronological order from earliest to latest:

1. Kesavananda Bharati case judgment
2. Establishment of the Supreme Court of India
3. Introduction of Public Interest Litigation (PIL)
4. Abolition of Privy Council's appellate jurisdiction for India

A. 2, 4, 1, 3
B. 4, 2, 1, 3
C. 2, 1, 4, 3
D. 4, 2, 3, 1

Question No. 6 Marks +1 -0 Time

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What is the retirement age for a judge of the Supreme Court of India?

A. 60 years
B. 65 years
C. 62 years
D. 70 years

Question No. 7 Marks +1 -0 Time

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Which of the following is not a measure to ensure the independence of the judiciary in India?

A. Judges can be easily transferred by the executive without their consent.
B. Security of tenure for judges.
C. Fixed service conditions for judges.
D. Parliament cannot discuss the conduct of judges except during an impeachment motion.

Question No. 8 Marks +1 -0 Time

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Consider the following statements regarding the High Courts in India:

1. Every High Court has the power to issue writs for the enforcement of fundamental rights only.
2. The High Court's power of superintendence extends to all courts and tribunals within its territorial jurisdiction, except military tribunals.
3. The judges of a High Court are appointed by the President after consultation with the Chief Justice of India and the Governor of the concerned state.

How many of the above statements are correct?

A. Only one
B. Only two
C. All three
D. None

Question No. 9 Marks +1 -0 Time

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A proclamation of President's Rule (State Emergency) under Article 356 must be approved by both Houses of Parliament within what period from the date of its issue?

A. One month
B. Six weeks
C. Three months
D. Two months

Question No. 10 Marks +1 -0 Time

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During a National Emergency proclaimed under Article 352, which of the following Fundamental Rights are automatically suspended?

A. Right to personal liberty (Article 21)
B. Right to freedom of speech and expression (Article 19)
C. Right to constitutional remedies (Article 32)
D. Right to life (Article 20)

Question No. 11 Marks +1 -0 Time

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The 'original jurisdiction' of the Supreme Court of India refers to its power to hear and determine disputes:

A. Between the Union and one or more States.
B. Involving questions of fundamental rights.
C. Against judgments of High Courts by way of appeal.
D. Regarding the interpretation of a treaty.

A. Between the Union and one or more States.
B. Involving questions of fundamental rights.
C. Against judgments of High Courts by way of appeal.
D. Regarding the interpretation of a treaty.

Question No. 12 Marks +1 -0 Time

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Public Interest Litigation (PIL) in India is a mechanism through which:

A. Any individual can file a case for their personal grievances in the Supreme Court.
B. Only lawyers can file cases on behalf of the poor and marginalized.
C. Any public-spirited individual or organization can approach the court on behalf of an aggrieved section of the public.
D. The government can file cases against private citizens for public interest.

A. Any individual can file a case for their personal grievances in the Supreme Court.
B. Only lawyers can file cases on behalf of the poor and marginalized.
C. Any public-spirited individual or organization can approach the court on behalf of an aggrieved section of the public.
D. The government can file cases against private citizens for public interest.

Question No. 13 Marks +1 -0 Time

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Match the following Articles of the Indian Constitution with their respective provisions:

List I (Article)	List II (Provision)
1. Article 352	i. Financial Emergency
2. Article 356	ii. National Emergency
3. Article 360	iii. President's Rule (State Emergency)

Choose the correct matching:

A. 1-ii, 2-iii, 3-i
B. 1-i, 2-ii, 3-iii
C. 1-iii, 2-i, 3-ii
D. 1-ii, 2-i, 3-iii

Question No. 14 Marks +1 -0 Time

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Which of the following is the correct procedure for the removal of a Supreme Court judge in India?

A. A judge can be removed by an executive order of the President.
B. A judge can be removed by a simple majority vote in both Houses of Parliament.
C. A judge can be removed by the Chief Justice of India after an inquiry.
D. A judge can be removed by the President only after an address by Parliament, supported by a special majority in each House, on grounds of proved misbehaviour or incapacity.

Question No. 15 Marks +1 -0 Time

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Which of the following statements is true regarding a Financial Emergency in India?

A. It can be proclaimed for a maximum period of three years.
B. It has never been proclaimed in India so far.
C. It automatically suspends all Fundamental Rights.
D. It requires approval by Parliament every six months.

Question No. 16 Marks +1 -0 Time

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Who among the following are consulted by the President while appointing a judge of a High Court?

A. The Chief Justice of India, the Governor of the concerned state, and the Chief Minister of the concerned state.
B. The Chief Justice of India and the Governor of the concerned state.
C. The Chief Justice of India, the Governor of the concerned state, and the Chief Justice of that High Court.
D. The Chief Justice of India and the Chief Justice of that High Court.

Question No. 17 Marks +1 -0 Time

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Consider the following pairs related to Emergency Provisions and Constitutional Amendments:

1. 38th Amendment Act, 1975: Made the declaration of National Emergency non-justiciable.
2. 42nd Amendment Act, 1976: Extended the one-month period for parliamentary approval of President's Rule to two months.
3. 44th Amendment Act, 1978: Replaced 'internal disturbance' with 'armed rebellion' as a ground for National Emergency.

How many of the above pairs are correctly matched?

A. Only two
B. Only one
C. All three
D. None

Question No. 18 Marks +1 -0 Time

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Arrange the following events concerning the Indian judiciary in chronological order from earliest to latest:

1. S.P. Gupta v. Union of India case (First Judges Case)
2. Golaknath v. State of Punjab case
3. Formation of the Supreme Court of India
4. Introduction of the National Judicial Appointments Commission (NJAC) Act (later struck down)

A. 3, 1, 2, 4
B. 2, 3, 1, 4
C. 1, 2, 3, 4
D. 3, 2, 1, 4

Question No. 19 Marks +1 -0 Time

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The advisory jurisdiction of the Supreme Court of India means that the President of India can seek its opinion on:

A. Any question of law or fact of public importance.
B. Only questions of law arising out of a pre-Constitution treaty, agreement, covenant, engagement, sanad or other similar instrument.
C. Both (A) and (B).
D. Only questions related to the interpretation of the Constitution.

A. Any question of law or fact of public importance.
B. Only questions of law arising out of a pre-Constitution treaty, agreement, covenant, engagement, sanad or other similar instrument.
C. Both (A) and (B).
D. Only questions related to the interpretation of the Constitution.

Question No. 20 Marks +1 -0 Time

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What is the primary effect of the revocation of a proclamation of National Emergency by the President?

A. It requires immediate re-approval by Parliament.
B. The state governments remain suspended for another six months.
C. All fundamental rights suspended during the emergency are automatically restored.
D. The President's rule is automatically imposed in all states.

Question No. 21 Marks +1 -0 Time

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Match the following judicial concepts with their descriptions:

List I (Concept)	List II (Description)
1. Judicial Activism	i. A judge's approach to upholding the spirit of the law, sometimes leading to new policy.
2. Judicial Restraint	ii. A judge's approach to strictly interpreting the law and deferring to the legislative and executive branches.
3. Doctrine of Stare Decisis	iii. The principle of following precedent set by earlier decisions.

Choose the correct matching:

A. 1-i, 2-ii, 3-iii
B. 1-ii, 2-i, 3-iii
C. 1-iii, 2-ii, 3-i
D. 1-i, 2-iii, 3-ii

Question No. 22 Marks +1 -0 Time

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What is the maximum period for which President's Rule (State Emergency) can be extended in a state, even with parliamentary approval?

A. Six months
B. One year
C. Two years
D. Three years

Question No. 23 Marks +1 -0 Time

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The 'Doctrine of Basic Structure' of the Constitution, propounded by the Supreme Court, implies that:

A. Parliament can amend any part of the Constitution, including Fundamental Rights, without any limitations.
B. Parliament cannot amend the core features or fundamental principles of the Constitution.
C. The President has the power to veto any constitutional amendment that affects the basic structure.
D. Only the Supreme Court can amend the Constitution to protect its basic structure.

A. Parliament can amend any part of the Constitution, including Fundamental Rights, without any limitations.
B. Parliament cannot amend the core features or fundamental principles of the Constitution.
C. The President has the power to veto any constitutional amendment that affects the basic structure.
D. Only the Supreme Court can amend the Constitution to protect its basic structure.

Question No. 24 Marks +1 -0 Time

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Who has the power to increase the number of judges in the Supreme Court of India?

A. The President of India
B. The Chief Justice of India
C. The Parliament of India
D. The Union Cabinet

Question No. 25 Marks +1 -0 Time

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Which of the following changes regarding Emergency Provisions was introduced by the 44th Constitutional Amendment Act of 1978?

A. It replaced 'internal disturbance' with 'armed rebellion' for declaring a National Emergency.
B. It removed the requirement for the President to obtain a written recommendation from the Union Cabinet for a National Emergency.
C. It allowed the suspension of Article 20 and 21 during an emergency.
D. It reduced the period for parliamentary approval of President's Rule from two months to one month.

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