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Supreme Court and High Court (UGC/NET)

Description: Legal Aptitude
Number of Questions: 15
Created by:
Tags: Legal Aptitude Supreme Court and High Court UGC - NET Indian Constitution Polity Constitution Law of India
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In which of the following cases has the Supreme Court held that primacy should be given to the opinion of the Chief Justice of India over the opinion of the other constitutional functionaries in the matter of appointment of the High Court and Supreme Court judges?

  1. Supreme Court Advocates-on-Record Association v. Union of India

  2. Transfer of judges case

  3. Special Courts Bill case

  4. Keshavananda case

  5. None of the above


Correct Option: A
Explanation:

In Supreme Court Advocates-on-Record Association v. Union of India, the Supreme Court held that in the case of recruitment of the judges of the High Court and the Supreme Court, the priority should be given to the idea of the Chief Justice of India over the idea of the other authorities.

Which of the following is correctly matched?

  1. Article 165 - Provisions related to official language of the Union

  2. Article 343 - Provisions related to Attorney General of India

  3. Article 76 - Provisions related to Advocate General for state

  4. Article 310 - Doctrine of pleasure

  5. None of the above


Correct Option: D
Explanation:

Option 4 is correctly matched. Article 310 states that every person who is a member of a defence service or of a civil service of the Union or of all-India services or holds any post connected with defence or any civil post under the Union holds office during the pleasure of the President. It is called as doctrine of pleasure.

  1. A retired judge of the Supreme Court is prohibited from appearing and pleading in any court within the territory of India.
  2. The Supreme Court may issue writs for enforcement of any legal right.
  3. The Supreme Court has the power to punish any person for its contempt.
  4. Salaries of the judges of the Supreme Court is not subject to vote of the legislature.

Which one of the above statements is not correct?

  1. Only 4

  2. Only 2

  3. Only 3

  4. Only 1

  5. All of the above


Correct Option: B
Explanation:

Writs are issued by the Supreme Court or High Court to enforce the fundamental rights of citizens, not legal rights, guaranteed by the constitution. The power to issue writs is a provision under “Right to Constitutional remedies.” Thus, statement 2 is incorrect.

Which one of the following is correctly matched about the provisions of Supreme Court?

  1. Article 131 - Establishment and Constitution of Supreme Court

  2. Article 129 - Original jurisdiction of Supreme Court

  3. Article 136 - Special leave to appeal

  4. Article 124 - Supreme Court to be a court of record

  5. None of the above


Correct Option: C
Explanation:

Option 3 is correctly matched. Article 136 of the Constitution of India provides special leave to appeal. Special leave to appeal means to hear the case by Supreme Court with special leave of Supreme Court which is already decided by the lower tribunal.

Which of the following High Courts is having the jurisdiction in judicial matters relating to the largest number of states/union territories?

  1. Calcutta High Court

  2. Kerala High Court

  3. Allahabad High court

  4. Guwahati High Court

  5. None of the above


Correct Option: D
Explanation:

Guwahati High Court has territorial jurisdiction over the states of Arunachal Pradesh, Assam, Nagaland and Mizoram. Thus, it is the correct answer.

Which of the following is correct about the Attorney General of India under the provision of the Constitution of India?

  1. He is appointed by the Chief Justice of India.

  2. He must be qualified to be a judge of the High Court.

  3. He has the right of audience in all the courts in India.

  4. He is supervised by a Solicitor General.

  5. All of the above


Correct Option: C
Explanation:

While performing his duties, he has the right to watch the proceedings in all the courts in India as well as the right to participate in the proceedings of both the houses of Parliament. Thus, option 3 has the correct answer.

Which of the following is/are not included in Directive Principles?

  1. Social philosophy

  2. Political and environmental principles

  3. Gandhian principle/philosophy

  4. All of the above

  5. None of the above


Correct Option: C
Explanation:

Directive Principles of state policy do not include Gandhian principle or philosophy.

On which of the following grounds can habeas corpus writ be moved to Supreme Court?

  1. Mala fide

  2. Excessive legislation

  3. Both 1 and 2

  4. Jurisdiction

  5. None of the above


Correct Option: C
Explanation:

Habeas corpus writ can be moved to Supreme Court on the grounds of mala fide and excessive legislation both.

By the constitution of which of the following countries are directive principles inspired?

  1. England

  2. America

  3. Ireland

  4. Germany

  5. None of the above


Correct Option: C
Explanation:

Directive principles are inspired from Ireland's constitution and Ireland borrowed it from Spain.

This writ is issued to an inferior court or tribunal on ground of exceeding its jurisdiction or acting contrary to the rules of natural justice.

Which of the following is the correct option in relation to the above statement?

  1. Certiorari

  2. Mandamus

  3. Quo warranto

  4. Habeas corpus

  5. None of the above


Correct Option: A
Explanation:

Writ of certiorari is issued by a higher court to a lower court when the superior court believes that either the inferior court had no jurisdiction or committed an error of law or acting contrary to the rules of natural justice. Thus, it is the correct answer.

This writ is issued by a superior court directing an inferior court to send the record of a proceeding for review.

Which of the following is such a writ that can be issued as defined above?

  1. Mandamus

  2. Habeas corpus

  3. Certiorari

  4. Quo warranto

  5. None of the above


Correct Option: C
Explanation:

The writ of certiorari is issued by a higher court to a lower court or tribunal either to transfer a case pending with that to it or squash its order. Thus, writ of certiorari can be issued only against the judicial or quasi judicial authorities. It is the correct answer.

Who is responsible for the introduction of Public Interest Litigation (PIL) in India?

  1. Justice P. N. Bhagwati

  2. Justice M. N. Venkatachaliah

  3. Justice A. M. Ahmadi

  4. Justice V. R. Krishna Iyer

  5. None of the above


Correct Option: A
Explanation:

In 1981, Justice P. N. Bhagwati in S. P. Gupta v. Union of India articulated the concept of PIL.

This writ is issued during which an individual’s right to hold an office or governmental privilege is challenged.

Which of the following is such a writ issued by the authority?

  1. Prohibition

  2. Certiorari

  3. Quo warranto

  4. Mandamus

  5. None of the above


Correct Option: C
Explanation:

Quo warranto is issued to investigate into legality of the claim of a person or public office. It restrains the person or authority to act in a public office.

Under Article 32, the right guaranteed shall not be suspended in all of the following cases, except

  1. direction by the Supreme Court

  2. as otherwise provided by this Constitution

  3. by the order of the President

  4. All of the above

  5. None of the above


Correct Option: B
Explanation:

In Article 32, clause 4 of the Indian Constitution has provided that the right guaranteed by this article shall not be suspended, except as otherwise provided for by this Constitution.

The President has been authorized by Article 143 to refer to the Supreme Court a question of law or fact, which, in his opinion, is of such nature and of such public importance that it is expedient to obtain its opinion upon it.

On whom is such opinion of the Supreme Court binding?

  1. All courts within the territory of India

  2. The Supreme Court itself in similar future cases

  3. The President

  4. All of above

  5. None of above


Correct Option: A
Explanation:

All the courts in the territory of India other than the Supreme Court are concerned. They would be bound by the opinion of the Supreme Court even though it has been given under advisory jurisdiction.

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