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Polity PYQ Practice: Set 08

Authored CAPF-level polity MCQs (harder) on the judiciary, constitutional and statutory bodies, tribunals and judicial review, with answer key and explanations, not verbatim PYQs

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PaperPaper ISubjectPolity

Authored practice, not a verbatim PYQ. Twenty-five questions on the Supreme Court and High Courts, judicial review, writs, tribunals, and the constitutional and statutory watchdog bodies. Attempt closed-book, then check the key. For year-sensitive numbers, verify the latest.

Questions

Q1The original jurisdiction of the Supreme Court under Article 131 covers:
  1. AAppeals from High Courts
  2. BDisputes between the Union and States or between States
  3. CPublic interest litigation only
  4. DCriminal appeals only
Q2The power of the Supreme Court to issue writs for the enforcement of Fundamental Rights flows from:
  1. AArticle 32
  2. BArticle 226
  3. CArticle 136
  4. DArticle 143

Q3 (statement-based). Consider the following about the writ jurisdiction:

  1. Article 32 empowers the Supreme Court to issue writs only for Fundamental Rights.
  2. Article 226 empowers High Courts to issue writs for Fundamental Rights and for other legal rights.
  3. The High Court's writ jurisdiction under Article 226 is wider in scope than the Supreme Court's under Article 32. How many are correct?
  • (a) Only one
  • (b) Only two
  • (c) All three
  • (d) None
Q4The writ of Mandamus is issued to:
  1. AQuash an illegal order
  2. BCommand a public authority to perform a public duty it has failed to perform
  3. CQuestion the authority of a person holding a public office
  4. DProduce a detained person before the court
Q5The writ of Quo Warranto is used to:
  1. ARelease a detained person
  2. BChallenge the legal right of a person to hold a public office
  3. CTransfer a case
  4. DStay a lower court order
Q6Match List I (Writ) with List II (Purpose):
  1. AHabeas Corpus
  2. BMandamus
  3. CProhibition
  4. DCertiorari
  1. Quash a decision already taken by a lower court or tribunal
  2. Prevent a lower court from exceeding its jurisdiction (issued during proceedings)
  3. Produce a detained person
  4. Command performance of a public duty Codes:
  • (a) A-3, B-4, C-2, D-1
  • (b) A-3, B-4, C-1, D-2
  • (c) A-4, B-3, C-2, D-1
  • (d) A-3, B-2, C-4, D-1
Q7Judges of the Supreme Court are appointed by the President after consultation as required by the Constitution, and in practice through the:
  1. AElection by Parliament
  2. BCollegium system evolved by judicial interpretation
  3. CSelection by the Prime Minister alone
  4. DUPSC examination

Q8 (assertion-reason). Assertion (A): The 99th Constitutional Amendment establishing the National Judicial Appointments Commission was struck down. Reason (R): The Supreme Court held that it violated the basic structure by undermining the independence of the judiciary.

  • (a) Both A and R are true, and R is the correct explanation of A
  • (b) Both A and R are true, but R is not the correct explanation of A
  • (c) A is true, R is false
  • (d) A is false, R is true
Q9A judge of the Supreme Court can be removed from office only:
  1. ABy the President at will
  2. BBy an order of the President after an address by each House of Parliament supported by the prescribed special majority on grounds of proved misbehaviour or incapacity
  3. CBy the Chief Justice of India
  4. DBy a vote of the Bar Council
Q10The advisory jurisdiction of the Supreme Court, where the President may refer a question of law or fact, is provided in:
  1. AArticle 131
  2. BArticle 136
  3. CArticle 143
  4. DArticle 226
Q11Article 137 gives the Supreme Court the power of:
  1. ACurative petitions only
  2. BReview of its own judgments and orders
  3. CContempt proceedings only
  4. DTransfer of cases

Q12 (statement-based). Consider the following about Public Interest Litigation (PIL):

  1. PIL relaxed the traditional rule of locus standi.
  2. It allows any public-spirited person to approach the court on behalf of those unable to do so.
  3. It is expressly defined in a separate Article of the Constitution. How many are correct?
  • (a) Only one
  • (b) Only two
  • (c) All three
  • (d) None
Q13The Election Commission of India is a constitutional body under:
  1. AArticle 280
  2. BArticle 324
  3. CArticle 148
  4. DArticle 315
Q14The Comptroller and Auditor General is appointed under Article 148 and his salary and conditions are charged on:
  1. AThe Contingency Fund of India
  2. BThe Consolidated Fund of India
  3. CThe Public Account
  4. DState funds
Q15Match List I (Body) with List II (Constitutional Article):
  1. AUnion Public Service Commission
  2. BFinance Commission
  3. CElection Commission
  4. DComptroller and Auditor General
  1. Article 280
  2. Article 315
  3. Article 148
  4. Article 324 Codes:
  • (a) A-2, B-1, C-4, D-3
  • (b) A-2, B-4, C-1, D-3
  • (c) A-4, B-1, C-2, D-3
  • (d) A-2, B-1, C-3, D-4
Q16Which of the following is a statutory (not constitutional) body?
  1. AThe Election Commission
  2. BThe National Human Rights Commission
  3. CThe Finance Commission
  4. DThe Union Public Service Commission

Q17 (assertion-reason). Assertion (A): Administrative tribunals were given constitutional backing by an amendment. Reason (R): The 42nd Amendment inserted Articles 323A and 323B providing for administrative tribunals and tribunals for other matters.

  • (a) Both A and R are true, and R is the correct explanation of A
  • (b) Both A and R are true, but R is not the correct explanation of A
  • (c) A is true, R is false
  • (d) A is false, R is true
Q18The Central Administrative Tribunal (CAT) adjudicates disputes relating to:
  1. AInter-state water
  2. BRecruitment and service conditions of central government employees
  3. CCompany law
  4. DConsumer complaints
Q19Appeals against decisions of the Central Administrative Tribunal now lie, in the first instance, before:
  1. AThe Supreme Court directly
  2. BThe High Court (division bench) of the relevant jurisdiction
  3. CThe President
  4. DThe CAG
Q20The concept of "judicial review" in India is best described as:
  1. AThe power of the legislature to review courts
  2. BThe power of courts to examine the constitutionality of legislative and executive actions
  3. CReview by the executive of court orders
  4. DAn annual audit of the judiciary

Q21 (statement-based). Consider the following about the independence of the judiciary:

  1. Security of tenure of judges.
  2. Salaries charged on the Consolidated Fund, not subject to vote.
  3. Conduct of judges of the higher judiciary cannot be discussed in Parliament except on a motion for removal. How many are correct?
  • (a) Only one
  • (b) Only two
  • (c) All three
  • (d) None
Q22The "doctrine of basic structure", which limits the amending power and is a tool of judicial review, was laid down in:
  1. AGolaknath (1967)
  2. BKesavananda Bharati (1973)
  3. CMinerva Mills (1980)
  4. DManeka Gandhi (1978)
Q23A High Court is established under which part of the Constitution and may exercise jurisdiction over more than one State?
  1. AYes, a common High Court for two or more States or a State and a Union Territory is permitted
  2. BNo, each State must have its own separate High Court
  3. COnly Union Territories can share a High Court
  4. DOnly with the consent of the Supreme Court

Q24 (assertion-reason). Assertion (A): The NHRC's recommendations are not legally binding. Reason (R): Under the Protection of Human Rights Act, 1993, the NHRC can recommend action and approach the courts, but cannot itself punish the offender.

  • (a) Both A and R are true, and R is the correct explanation of A
  • (b) Both A and R are true, but R is not the correct explanation of A
  • (c) A is true, R is false
  • (d) A is false, R is true
Q25Which of the following best captures the role of the judiciary in India's constitutional scheme?
  1. AThe judiciary is subordinate to the executive
  2. BThe judiciary is the guardian of the Constitution and protector of Fundamental Rights through judicial review
  3. CThe judiciary only resolves private disputes
  4. DThe judiciary frames laws

Answer key

Reveal the answer key and full worked solutions
Q Answer
1 (b) Disputes between the Union and States or between States
2 (a) Article 32
3 (c) All three
4 (b) Command a public authority to perform a public duty
5 (b) Challenge the legal right to hold a public office
6 (a) A-3, B-4, C-2, D-1
7 (b) The Collegium system
8 (a) Both true, R is the correct explanation
9 (b) Removal after parliamentary address on proved misbehaviour or incapacity
10 (c) Article 143
11 (b) Review of its own judgments
12 (b) Only two
13 (b) Article 324
14 (b) The Consolidated Fund of India
15 (a) A-2, B-1, C-4, D-3
16 (b) The National Human Rights Commission
17 (a) Both true, R is the correct explanation
18 (b) Service conditions of central government employees
19 (b) The High Court division bench
20 (b) Power to examine the constitutionality of state actions
21 (c) All three
22 (b) Kesavananda Bharati (1973)
23 (a) Yes, a common High Court is permitted
24 (a) Both true, R is the correct explanation
25 (b) Guardian of the Constitution through judicial review

Explanations

  • Q1. Article 131 gives the Supreme Court original jurisdiction over federal disputes between the Union and States or among States. See judiciary.
  • Q2. Article 32, itself a Fundamental Right, empowers the Supreme Court to issue writs for the enforcement of Fundamental Rights. See judiciary and fundamental rights.
  • Q3. All three are correct: Article 32 is confined to Fundamental Rights, Article 226 covers Fundamental Rights and other legal rights, hence the High Court's jurisdiction is wider. See judiciary.
  • Q4. Mandamus commands a public authority to perform a public duty it has failed to discharge. See judiciary.
  • Q5. Quo Warranto challenges the legal right of a person to hold a public office. See judiciary.
  • Q6. Habeas Corpus (produce the body), Mandamus (command duty), Prohibition (prevent excess of jurisdiction during proceedings), Certiorari (quash a decision already taken). See judiciary.
  • Q7. In practice Supreme Court judges are appointed through the Collegium system evolved by judicial interpretation. See judiciary.
  • Q8. Both true and correctly linked: the NJAC (99th Amendment) was struck down as violating the basic structure by undermining judicial independence. See judiciary and amendments and basic structure.
  • Q9. A Supreme Court judge can be removed only by presidential order after an address by each House supported by the prescribed special majority on proved misbehaviour or incapacity. See judiciary.
  • Q10. Article 143 confers advisory jurisdiction, allowing the President to refer questions of law or fact. See judiciary.
  • Q11. Article 137 gives the Supreme Court the power to review its own judgments and orders. See judiciary.
  • Q12. Statements 1 and 2 are correct; PIL is a judicial innovation, not a separately defined Article, so statement 3 is false. See judiciary.
  • Q13. Article 324 establishes the Election Commission of India. See constitutional and statutory bodies and electoral system and reforms.
  • Q14. The CAG's salary and conditions are charged on the Consolidated Fund of India under Article 148. See constitutional and statutory bodies.
  • Q15. UPSC (Article 315), Finance Commission (Article 280), Election Commission (Article 324), CAG (Article 148). See constitutional and statutory bodies.
  • Q16. The NHRC is a statutory body under the Protection of Human Rights Act, 1993, while the others are constitutional bodies. See constitutional and statutory bodies and human rights and internal security.
  • Q17. Both true and correctly linked: the 42nd Amendment inserted Articles 323A and 323B for tribunals. See tribunals and quasi judicial bodies.
  • Q18. The CAT adjudicates recruitment and service disputes of central government employees. See tribunals and quasi judicial bodies.
  • Q19. Following the Chandra Kumar judgment, appeals from CAT lie before the High Court division bench before reaching the Supreme Court. See tribunals and quasi judicial bodies and judiciary.
  • Q20. Judicial review is the power of courts to examine the constitutionality of legislative and executive actions. See judiciary and amendments and basic structure.
  • Q21. All three are guarantees of judicial independence (tenure, charged salaries, restricted parliamentary discussion). See judiciary.
  • Q22. The basic structure doctrine was laid down in Kesavananda Bharati (1973). See amendments and basic structure.
  • Q23. A common High Court for two or more States, or a State and a Union Territory, is constitutionally permitted. See judiciary.
  • Q24. Both true and correctly linked: under the 1993 Act the NHRC recommends and may approach courts but cannot itself punish. See human rights and internal security and constitutional and statutory bodies.
  • Q25. The judiciary is the guardian of the Constitution and protector of Fundamental Rights through judicial review. See judiciary.

Cross-references

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