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Puucho STATIC QUIZ 2020 – 21
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Question 1 of 5
Amicus Curiae, often seen in news is
CorrectSolution: c)
Amicus Curiae, which literally translates as friend of the court, is a neutral lawyer appointed by the court to assist it in cases which require specific expertise.
IncorrectSolution: c)
Amicus Curiae, which literally translates as friend of the court, is a neutral lawyer appointed by the court to assist it in cases which require specific expertise.
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Question 2 of 5
Original jurisdiction means the power of a high court to hear disputes in the first instance, not by way of appeal. It extends to which of the following?
- Matters of admiralty, will, marriage and divorce.
- Disputes relating to the election of members of Parliament and state legislatures.
- Enforcement of fundamental rights of citizens.
- Cases ordered to be transferred from a subordinate court involving the interpretation of the Constitution.
Select the correct answer code:
CorrectSolution: d)
It extends to the following:
- Matters of admiralty, will, marriage, divorce, company laws and contempt of court.
- Disputes relating to the election of members of Parliament and state legislatures.
- Regarding revenue matter or an act ordered or done in revenue collection.
- Enforcement of fundamental rights of citizens.
- Cases ordered to be transferred from a subordinate court involving the interpretation of the Constitution to its own file.
- The four high courts (i.e., Calcutta, Bombay, Madras and Delhi High Courts) have original civil jurisdiction in cases of higher value.
IncorrectSolution: d)
It extends to the following:
- Matters of admiralty, will, marriage, divorce, company laws and contempt of court.
- Disputes relating to the election of members of Parliament and state legislatures.
- Regarding revenue matter or an act ordered or done in revenue collection.
- Enforcement of fundamental rights of citizens.
- Cases ordered to be transferred from a subordinate court involving the interpretation of the Constitution to its own file.
- The four high courts (i.e., Calcutta, Bombay, Madras and Delhi High Courts) have original civil jurisdiction in cases of higher value.
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Question 3 of 5
Consider the following statements regarding the procedure for removal of a judge of the Supreme Court according to Judges Enquiry Act (1968).
- The prior permission of President is necessary for introducing any motion to impeach a judge.
- The charges against the judge must be investigated by a committee appointed by the presiding officer of the house.
Which of the above statements is/are correct?
CorrectSolution: b)
- No prior consent of President is needed. However, a removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of Rajya Sabha) is to be given to the Speaker/Chairman.
- The Speaker/Chairman may admit the motion or refuse to admit it. If it is admitted, then the Speaker/Chairman is to constitute a three-member committee to investigate into the charges.
- The committee should consist of (a) the chief justice or a judge of the Supreme Court, (b) a chief justice of a high court, and (c) a distinguished jurist.
- If the committee finds the judge to be guilty of misbehaviour or suffering from incapacity, the House can take up the consideration of the motion.
- After the motion is passed by each House of Parliament by special majority, an address is presented to the president for removal of the judge.
- Finally, the president passes an order removing the judge.
IncorrectSolution: b)
- No prior consent of President is needed. However, a removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of Rajya Sabha) is to be given to the Speaker/Chairman.
- The Speaker/Chairman may admit the motion or refuse to admit it. If it is admitted, then the Speaker/Chairman is to constitute a three-member committee to investigate into the charges.
- The committee should consist of (a) the chief justice or a judge of the Supreme Court, (b) a chief justice of a high court, and (c) a distinguished jurist.
- If the committee finds the judge to be guilty of misbehaviour or suffering from incapacity, the House can take up the consideration of the motion.
- After the motion is passed by each House of Parliament by special majority, an address is presented to the president for removal of the judge.
- Finally, the president passes an order removing the judge.
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Question 4 of 5
Which of the following are qualifications for person to be appointed as district judge?
- He should not already be in the service of the Central or the state government.
- He should be recommended by the high court for appointment.
- He should have been an advocate or a pleader for not less than five years.
Which of the statements given above are correct?
CorrectSolution: a)
(1) Appointments of persons to be, and the posting and promotion of district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.
(2) A person not already in the service of the Union or of the State shall only be eligible to be appointed as district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.
IncorrectSolution: a)
(1) Appointments of persons to be, and the posting and promotion of district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.
(2) A person not already in the service of the Union or of the State shall only be eligible to be appointed as district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.
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Question 5 of 5
Under which of the following cases can Judicial Review be exercised by high court?
- The executive orders of central government, if it is repugnant to the constitutional provisions.
- If the executive orders of state government are outside the competence of the authority which has framed it.
- The legislative enactment by state which infringes the fundamental rights.
Select the correct answer code:
CorrectSolution: d)
Power of Judicial Review
Judicial review is the power of a high court to examine the constitutionality of legislative enactments and executive orders of both the Central and state governments. On examination, if they are found to be violative of the Constitution (ultra-vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the high court. Consequently, they cannot be enforced by the government.
Though the phrase ‘judicial review’ has nowhere been used in the Constitution, the provisions of Articles 13 and 226 explicitly confer the power of judicial review on a high court. The constitutional validity of a legislative enactment or an executive order can be challenged in a high court on the following three grounds:
(a) it infringes the fundamental rights (Part III),
(b) it is outside the competence of the authority which has framed it, and
(c) it is repugnant to the constitutional provisions.
IncorrectSolution: d)
Power of Judicial Review
Judicial review is the power of a high court to examine the constitutionality of legislative enactments and executive orders of both the Central and state governments. On examination, if they are found to be violative of the Constitution (ultra-vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the high court. Consequently, they cannot be enforced by the government.
Though the phrase ‘judicial review’ has nowhere been used in the Constitution, the provisions of Articles 13 and 226 explicitly confer the power of judicial review on a high court. The constitutional validity of a legislative enactment or an executive order can be challenged in a high court on the following three grounds:
(a) it infringes the fundamental rights (Part III),
(b) it is outside the competence of the authority which has framed it, and
(c) it is repugnant to the constitutional provisions.
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