Judicial review in the Indian Constitution is based on : (1) Rule of Law (2) Due process of Law (3) Procedure established by Law (4) Precedents and Conventions

1 Answer

Answer :

(3) Procedure established by Law Explanation: Judicial review is adopted in the Constitution of India from the Constitution of the United States of America. In the Indian constitution, judicial review is dealt with under Article 13. Judicial Review refers that the Constitution is the supreme power of the nation and all laws are under its supremacy. The Supreme Court of India while interpreting a law will not itself legislate. It will not question the reasonableness of any law except where the constitution has expressly authorized the court to exercise the power. Normally, it works according to procedure established by law.

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Description : Judicial Review in the Indian Constitution is based on which of the following? (1) Rule of law (2) Due process of Law (3) Procedure established by law (4) Conventions

Last Answer : (3) Procedure established by law Explanation: Judicial Review is based on procedure established by law.

Description : Judicial review in India is governed by the principle a) Due process of Law b) Procedure established by Law c) By Law d) None of the above

Last Answer : b) Procedure established by Law

Description : The basic features of the Indian Constitution which are not amendable under Article 368 are - (1) Sovereignty, territorial integrity, federal system and judicial review. (2) Sovereignty ... 4) Sovereignty, territorial integrity, federal system, judicial review and parliamentary system of government.

Last Answer : (4) Sovereignty, territorial integrity, federal system, judicial review and parliamentary system of government. Explanation: The power of Parliament to legislate and amend provisions of the ... review; Independence of Judiciary; Harmony between Fundamental rights and Directive principles; etc.

Description : Which of the following is not a feature of the Indian Constitution? (1) Written constitution (2) Federalism (3) Sovereignty of Parliament (4) Judicial Review

Last Answer : (3) Sovereignty of Parliament Explanation: Sovereignty of Parliament is not a feature of Indian constitution. Judicial review refers to the power of the judiciary to interpret the constitution and law or order of the legislature and executive void.

Description : 'Equality before law' in India is derived from – (1) Case Law (2) Political Conventions (3) Constitution (4) Gandhian Philosophy

Last Answer : (3) Constitution Explanation: Right to equality is an important right provided for in Articles 14, 15, 16, 17 and 18 of the constitution. It is the principal foundation of all other rights and liberties ... citizens on the basis of their caste, creed, colour, sex, gender, religion or place of birth.

Description : What does the "Judicial Review" function of the Supreme Court mean? (1) Review its own judgement (2) Review the functioning of judiciary in the country (3) Examine the constitutional validity of the laws (4) Undertake periodic review of the Constitution

Last Answer : (3) Examine the constitutional validity of the laws Explanation: The Supreme Court has been given the power to decide whether a law passed by the Parliament or the State legislatures and the executive ... such a law or executive decision is found unconstitutional, then it can declare it as invalid.

Description : The two provisions of the Constitution of India that most clearly express the power of Judicial review are: (1) Article 21 and Article 446 (2) Article 32 and Article 226 (3) Article 44 and Article 152 (4) Article 17 and Article 143

Last Answer : (2) Article 32 and Article 226 Explanation: Legislature, executive and judiciary under the Constitution are to exercise powers with checks and balances, but not in water-tight rigid mould. In India, on the basis of Articles 32 and 136, the Supreme Court can exercise the power of judicial review.

Description : The Presidential system operates most successfully in the USA because of (1) A strong two party system (2) A well demarcated constitution (3) Judicial review (4) Minor contradictions in society

Last Answer : (4) Minor contradictions in society Explanation: The presidential system is a system of government where an executive branch is led by a President who serves as both head of state and head of government. It operates most successfully in the USA because of Minor Contradictions in society.

Description : What makes the judiciary the guardian of the constitution? (1) Independence (2) Service conditions (3) Salary (4) Judicial Review

Last Answer : (4) Judicial Review Explanation: Because the Supreme Court is given the power to protect, safeguard and uphold the Constitution and empowered to declare a law null and void if it is found to be inconsistent with the Constitution.

Description : Judicial review in Indian constitution is based on

Last Answer : On the procedure established by law

Description : Judicial Review signifies that the Supreme Court – (1) has final authority in overall cases (2) can declare a state law as unconstitutional (3) can review cases whose decisions have been given by High Court (4) None of the above

Last Answer : (3) can review cases whose decisions have been given by High Court Explanation: Supreme Court can review cases whose decisions have been given by High Court.

Description : Which one of the following statements is not correct? (1) Indian Parliament is supreme. (2) The Supreme Court of India has the power of judicial review. (3) There is a division of powers between the Centre and the States. (4) There is a Council of Ministers to aid and advise the President.

Last Answer : (1) Indian Parliament is supreme Explanation: Though the Parliament of India is the supreme legislative body of the Republic of India, the legislation passed by parliament may be challenged in Supreme Court. The ... houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People).

Description : The Indian parliamentary system is different from the British Parliamentary system in that India has? (1) Both a real and a nominal executive (2) A system of collective responsibility (3) Bicameral legislature (4) The system of judicial review

Last Answer : (4) The system of judicial review Explanation: The law that the British Parliament enacts, cannot be brought to the Judiciary for its review unlike the Indian Parliament, wherein the legislation that ... in case the courts declare it to be violating the basic structure of the Indian Constitution.

Description : We have a system of Judicial Review in (1) Indian only (2) U. K. only (3) U. S. A. only (4) Both in India and U. S. A.

Last Answer : (4) Both in India and U. S. A. Explanation: We have the system of Judicial Review in both states of India and U. S. A.

Description : Sovereignty of Indian Parliament is restricted by: (1) Powers of the President of India (2) Judicial Review (3) Powers of the Prime Minister of India (4) Leader of the opposition

Last Answer : (2) Judicial Review Explanation: Sovereignty of Indian parliament is restricted by judicial review. The concept also holds that the legislative body may change or repeal any previous legislation, and so that it is not bound by written law (in some cases, even a constitution) or by precedent.

Description : What law is based on operating through the use of individual cases as precedents for future decisions?

Last Answer : Case law is based on the precedents and and legal principles applied by other courts in previous cases.

Description : The ‘Due Process of Law’ is the characteristics of the judicial system of - (1) India (2) France (3) U.K. (4) U.S.A

Last Answer : (4) U.S.A Explanation: The Fifth and Fourteenth Amendments to the United States Constitution cach contains a Due Process Clause. Due process deals with the administration of justice and thus the ... from arbitrary dental of life, liberty, or property by the Government outside the sanction of law.

Description : Which is the highest law of the land? (1) Indian Penal Code (2) Indian Constitution (3) Civil Procedure Code (4) Criminal Procedure Code

Last Answer : (2) Indian Constitution Explanation: The Constitution is the supreme law of the land. Asserting the supremacy of the Constitution, the Supreme Court ruled in 2007 that it is the supreme law of the land ... . The ailing was handed down by a bench, comprising Justices A.K. Mathur and Markandey Katju.

Description : If the election of the President of India is declared void by the Supreme Court, the acts performed by President Incumbent before the date of such decision of court remain - (1) Valid (2) Invalid (3) Valid Subject to the judicial review (4) Valid Subject to the approval of the parliament

Last Answer : (1) Valid Explanation: If the election of the President of India is declared void by the Supreme Court, the acts performed by President Incumbent before the date of such decision of court remain valid.

Description : How is legislative excess of Parliament and State Assemblies checked? (1) Intervention from President/Governor (2) No- confidence motions (3) Judicial review (4) General elections

Last Answer : (3) Judicial review Explanation: The legislative excess of parliament and state assemblies checked by judicial review of Supreme Court.

Description : The writ of Prohibition is issued by a superior court - (1) to prevent an inferior court or tribunal from exceeding its jurisdiction or acting contrary to the rules of natural justice (2) to an ... the office (4) to an authority to produce an illegally detained person before the court for trial.

Last Answer : (1) to prevent an inferior court or tribunal from exceeding its jurisdiction or acting contrary to the rules of natural justice Explanation: The writ of Prohibition is an order from a superior ... because the lower court does not have proper jurisdiction to hear or determine the matters before it.

Description : How are legislative excesses of Parliament and Assemblies checked? (1) Intervention from President/ Governor (2) No Confidence motions (3) Judicial review (4) General elections

Last Answer : (3) Judicial review Explanation: Judicial review is the doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary. Specific courts with ... a modern governmental system (where the judiciary is one of three branches of government).

Description : During emergency, imposed under Art. 352, which of the following Constitutional provisions stands suspended? (1) Directive Principles of State Policy (2) Amendment Procedures (3) Fundamental Rights (4) Judicial Review

Last Answer : (3) Fundamental Rights Explanation: National emergency under article 352 of the Indian Constitution is caused by war, external aggression or armed rebellion in the whole of India or a part of ... according to the original Constitution, It modifies the federal system of government to a unitary one.

Description : The system of judicial review originated in – (1) India (2) Gemany (3) Russia (4) U.S.A.

Last Answer : (4) U.S.A. Explanation: Judicial review is the doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary. It is an example ... to the adjudication of constitutionality of statutes, especially by the Supreme Court of the United States.

Description : Public Interest Litigation (PIL) may be linked with - (1) judicial review (2) judicial activism (3) judicial intervention (4) judicial sanctity

Last Answer : (2) judicial activism Explanation: Public Interest litigation (PIL) may be linked with judicial activism. Judicial review is a process under which executive and legislative actions are subject to review by the judiciary.

Description : Public Interest Litigation (PIL) may be linked with - (1) judicial review (2) judicial activism (3) judicial intervention (4) judicial sanctity

Last Answer : (2) judicial activism Explanation: Public Interest litigation (PIL) may be linked with judicial activism in India.

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Last Answer : (3) Republican form of government Explanation: Republican form of government is not a part of the 'basic structure' of Indian Constitution. India is a Democratic-republic country. Parliamentary form of government means Prime Minister is the head of the council of ministers.

Description : Name the body which was established to provide safety and security of SCs' and STs' social, economic, cultural and educational concerns after an amendment in the Indian constitution? (1) Law ... Commission for SC and ST (3) Special officer for Linguistic Minorities (4) Central Vigilance Commission

Last Answer : (2) National Commission for SC and ST Explanation: The 65th constitutional amendment was enacted on 12 March 1990 for the formation of National Commission for Scheduled Castes and Scheduled Tribes ( ... amendment of the constitution in 2003 bifurcated the NCSCST into two bodies for SCs and STs.

Description : Which one of the following is not included in the state list in the Constitution of India? (1) Criminal procedure code (2) Police (3) Law and order (4) Prison

Last Answer : (1) Criminal procedure code Explanation: Criminal procedure code is not included in the state list.

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Last Answer : (1) Article 368 Explanation: The procedure of amendment in the constitution is laid down in Part >0C (Article 368) of the Constitution of India. It lays down two special methods for the ... by 2/3rd majority of the parliament plus ratification by at least half of the several state legislatures.

Description : Article 368 of the Indian Constitution deals with – (1) Emergency Provisions (2) Right to Primary Education (3) Right to Information (4) Amending Procedure

Last Answer : (4) Amending Procedure Explanation: Article 368 of the Constitution of India deals with the amendment process. It empowers Parliament to amend the Constitution by way of addition, variation or ... to the procedure laid down therein, which is different from the procedure for ordinary legislation.

Description : Which article of Indian Constitution deals with amendment procedure? (1) Article 268 (2) Article 352 (3) Article 356 (4) Article 368

Last Answer : (4) Article 368 Explanation: Article 368 of the Indian Constitution deals with amendment procedure. Article 368 has been amended by the 24th and 42nd Amendments in 1971 and 1976 ... proclamation of emergency. Article 356 provisions in case of failure of constitutional machinery in states.

Description : Which of the following Articles of Indian Constitution includes the procedure for the impeachment of the President? (1) Article-59 (2) Article-71 (3) Article-140 (4) Article-61

Last Answer : (4) Article-61 Explanation: Article 61 of Indian Constitution deals with the procedure for impeachment of the President. It states that when a President is to be impeached for violation of the Constitution ... the form of resolution, signed at least by 1/4thmembers of the total members of the House.

Description : Which of the following is the inalienable attribute of the parliamentaiy system of government? (1) Flexibility of the Constitution (2) Fusion of Executive and Legislature (3) Judicial Supremacy (4) Parliamentary Sovereignty

Last Answer : (2) Fusion of Executive and Legislature Explanation: A parliamentary system is a system of democratic governance of a state in which the executive branch derives its democratic legitimacy ... to, the legislature (parliament). The executive and legislative branches are thus interconnected.

Description : Judicial Review’s Doctrine of Partial Annulment is related to which article of the Constitution? (1) Article 13 (2) Article 32 (3) Article 141 (4) Article 246

Last Answer : (1) Article 13 Explanation: Article 13 of the Indian Constitution deals with the Judicial review.

Description : Under which Article of the Constitution is the President's Rule introduced in a State due to the failure of the constitutional machinery? (1) (1) 352 (2) (2) 356 (3) 360 (4) 350

Last Answer : (2) 356 Explanation: Under article 356 of the Indian Constitution, State emergency is declared on failure of constitutional machinery in a state. During such an emergency, the President can take over ... remain in suspended animation. The Parliament makes laws on the 66 subjects of the state list

Description : Who was the Chief Justice of India when Public Interest litigation was introduced in the Indian Judicial system? (1) M. Hidayatuiliah (2) A.M. Ahmedi (3) P.N. Bhagwati (4) A.S. Anand

Last Answer : (3) P.N. Bhagwati Explanation: P.N. Bhagwati was the Chief Justice of India when Public Interest Litigation was introduced in the Indian Judicial system.

Description : Who was the Chief Justice of India when public Interest Litigation (PIL) was introduced to the Indian judicial system? (1) M. Hidayatullah (2) A.M. Ahmadi (3) PN. Bhagwati (4) A.S. Anand

Last Answer : (3) PN. Bhagwati Explanation: P.N. Bhagwati was the chief justice of India when public interest Litigation (PIL) was introduced to the Indian judicial system. The concept of Public Interest Litigation (PIL) is in ... of AMU (1994-1997). A.S. Anand - 29th Chief Justice of India (1998- 2001).

Description : The Code of Ethics would be violated if a CPA accepted a fee for services and the fee was: a. Fixed by a public authority. b. Based on a price quotation submitted in competitive bidding. c. ... in a tax matter. d. Payable after a specified finding was attained in a review of financial statements

Last Answer : Payable after a specified finding was attained in a review of financial statements

Description : With reference to the conduct of government business in the Parliament of India, the term 'closure' refers to - (1) suspension of debate at the terminatan of a day's sitting of the Parliament ... session (4) refusal on the part of tie Government to have the opposition look at important documents

Last Answer : (1) suspension of debate at the terminatan of a day's sitting of the Parliament Explanation: "Closure" is one of the means by which a debate may be brought to a close by a majority decision of the FIouse, even though all members wishing to speak have not done so.

Description : In terms of Parliamentary terminology, What do we call a rule of legislative procedure under which a further debate on a motion can be stopped? (1) Closure (2) Guilitone (3) Expunction (4) Recess

Last Answer : (1) Closure

Description : Which one of the following statements is not correct? (A) Indian Parliament is supreme. (B) The Supreme Court of India has the power of judicial review. (C) There is a division of powers between the Centre and the States. (D) There is a Council of Ministers to aid and advise the President. 

Last Answer : (B) The Supreme Court of India has the power of judicial review.

Description : Which article of the Constitution permits the Supreme Court to review its own judgement or order? (1) (1) Article 137 (2) (2) Article 138 (3) Article 139 (4) Article 140

Last Answer : (1) Article 137 Explanation: Article 137 of the constitution permits the Supreme Court to review its own judgment or order. Article 137 of the Constitution provides that subject to provisions of any law and ... Court of India has the power to review any judgement pronounced (or order madc) by it.

Description : Which article of the Constitution permits the Supreme Court to review its own judgment or order? (1) Article 137 (2) Article 130 (3) Article 139 (4) Article 138

Last Answer : (1) Article 137 Explanation: Article 137 of the Constitution permits the Supreme Court to review its own judgement or order. Article 130 deals, with seat of supreme court. Article 138 ... court mentioned. Article 139 refers conferment on the supreme court of powers to issue certain writs.

Description : Do you have a 'restaurant rule' that's outside of current conventions, but you strongly feel should be SOP?

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Description : Procedure for creation of Legislative Council in states has been described in which article of the Constitution? (1) Article 368 (2) Article 69 (3) Article 269 (4) Article 169

Last Answer : (4) Article 169 Explanation: Article 169 deals with abolition or creation of Legislative councils in states. Article 269 deals with taxes levied and collected by the Union but assigned to state.

Description : Which of the following Article of Indian Constitution deals with the Right to Equality before Law? (1) Article – 13 (2) Article - 14 (3) Article – 15 (4) Article - 17

Last Answer : (2) Article - 14 Explanation: Right to equality is given under article 14 of Indian constitution. It ensures that every citizen shall be like-wise protected by the laws of the country. It means that ... Indian citizens on the basis of their gender, caste, creed, religion or even the place of birth.

Description : Article 14 of the Indian Constitution guarantees Indian citizens – (1) Equal protection of laws (2) Equality before law (3) Equal distribution of economic resources (4) Equality before law and equal protection of the laws

Last Answer : (4) Equality before law and equal protection of the laws Explanation: Article 14 of the constitution guarantees that all citizens shall be equally protected by the laws of the country. It means that the State ... on the basis of their caste, creed, colour, sex, gender, religion or place of birth.

Description : Article 17 of the Indian Constitution provides for – (1) equality before law (2) equality of opportunity in matters of public employment (3) abolition of titles (4) abolition of untouchability

Last Answer : (4) abolition of untouchability Explanation: Article 17 of the constitution abolishes the practice of untouchability. Practice of untouchability is an offense and anyone doing so is punishable by law.