Judiciary & Landmark Cases – Polity – WBCS Main Question Paper

Judiciary & Landmark Cases Polity WBCS Main Question Paper
judiciary questions of psc exam

WBCS Main Question Paper – 2019

9. When a Court declares certain provisions of an Act invalid, it does not affect the validity of the entire Act, according to
(A) Doctrine of eclipse
(B) Doctrine of prospective overruling
(C) Doctrine of severability
(D) None of the above
 
10. “Excessive reservation would be fraud on the Constitution of India” was observed by the Supreme Court in
(A) Ajit Singh v. State of Punjab
(B) Balaji v. State of Mysore
(C) Devdasan v. Union of India
(D) Indira Sawhney v. Union of India
 
12. In which of the following cases the doctrine against arbitrariness was incorporated into equality before law by Justice Bhagwati?
(A) Air India v. Nargesh Mirza
(B) D. K. Bakshi v. Union of India
(C) E. P. Royappa v. State of Tamil Nadu
(D) Pradeep Jain v. Union of India
 
19. In which of the following cases was it observed that Articles 14, 19 and 21 are not mutually exclusive and they jointly aim at reasonableness and fairness?
(A) Golaknath v. State of Punjab
(B) Jagannath v. Union of India
(C) Maneka Gandhi v. Union of India
(D) Ram Swarup v. Delhi Administration
 
21. In which of the following cases did the Supreme Court hold that an amendment of the Constitution under Article 368 was ‘law’ within the meaning of Article 13?
(A) Shankari Prasad v. Union of India
(B) SaJJanSingh v. State of Rajasthan
(C) Golaknath v. State of Punjab
(D) Keshavananda Bharti v. State of Kerala
 
25. “Preamble of our Constitution is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble.” Justice Sikri expressed the above opinion in the case of
(A) In re Kerala Education Bill
(B) A.K. Gopalan v. State of Madras
(C) In re Berubari Union
(D) Keshavananda Bharti v. State Kerala
 
39. “What cannot be done directly cannot be done indirectly”. This statement epitomizes the doctrine of
(A) ancillary powers
B) colourable legislation
(C) implied powers
(D) pith and substance
 
40. Disputes between the Government of India and one or more States can be heard by the Supreme Court of India under its
(A) original jurisdiction
(B) appellate jurisdiction
(C) writ jurisdiction
(D) advisory jurisdiction
 
41. The salaries of the Judges of the Supreme Court of India
(A) are fixed by the President of India.
(B) can never be reduced under any circumstances.
(C) can be reduced during their term of office.
(D) cannot be reduced during the term of their office except during financial emergency.
 
42. Article 227 of the Indian Constitution deals with
(A) High Court’s power of superintendence
(B) Judicial review
(C) powers of the Speaker
(D) election of the Vice President
43. Which Article lays down that the laws declared by the Supreme Court would be binding on all Courts in India?
(A) Article 131
(B) Article 141
(C) Article 142
(D) Article 143
 
44. The Jurisdiction of the Supreme Court may be enlarged by
(A) the Parliament by law
(B) the Parliament by resolution
(C) the President
(D) the President in consultation with Chief Justice of India
 
45. In which of the following cases has the Supreme Court ruled that the reasons have to be communicated to the Legislature by the Government if the advice of the Public Service Commission has not been accepted ?
(A) Asha Kaul v. State of Jammu & Kashmir
(B) H. Mukherjee v. Union of India
(C) Jai Shankar Prasad v. State of Bihar
(D) Jagtar Sing v. Director, Central Bureau of Investigation
 
46. A retired judge of a High Court cannot practise
(A) in any High Court in India
(B) in the High Court from where he has retired
(C) in the Supreme Court
(D) All of the above
 
47. The doctrine of prospective overruling was first evolved by Justice Subba Rao in
(A) Golaknath v. State of Punjab
(B) Keshavananda Bharti v. State of Kerala
(C) SaJJanSingh v. State of Rajasthan
(D) Shankari Prasad v. Union of India
 
48. Who among the following can establish additional courts for better administration of any respect to a matter concerned in the Union List
(A) Chief Justice of India
(B) Concerned State Legislature
(C) High Court of the concerned State
(D) Parliament
 
49. Disputes between States in India comes to the Supreme Court under Its
(A) advisory Jurisdiction
(B) appellate jurisdiction
(C) original jurisdiction
(D) None of the above
 
50. ‘Doctrine of pleasure’ was introduced in
(A) Article 310
(B) Article 312
(C) Article 317
(D) Article 318
 
81. The salary and allowances of the Governor are charged to
(A) Consolidated Fund of India
(B) Contingency Fund of India
(C) Consolidated Fund of the State
(D) (A) and (C) in equal proportion
 
96. Any sum required to satisfy any judgment, decree or award of any court or arbitral tribunal shall be charged on
(A) Consolidated Fund of India
(B) Fund of Ministry of Law & Justice
(C) Fund of Ministry of Home Affairs
(D) Prime Minister’s Relief Fund
 
 

WBCS Main Question Paper – 2018

74. “What cannot be done directly cannot be done indirectly”. The doctrine relates to
a) implied powers
b) ancillary power
c) pith and substance
d) Colourable legislation
 
75. When the Supreme Court sits to determine any question involving a substantial question of law as to the interpretation of the Constitution or for tendering its advise, the minimum number of judges to constitute the Bench should be
a) 3
b) 5
c) 7
d) 13
 
91. Every judge of the Supreme Court of India shall hold office until he attains the age of
a) 58 years
b) 60 years
c) 62 years
d) 65 years
 
94. Disputes between States comes to the Supreme Court under
a) original jurisdiction
b) advisory jurisdiction
c) appellate jurisdiction
d) None of these
 
59. In which case, it was held by the Supreme Court that ‘Preamble is the basic feature of the Constitution’?
a) In re Keshwananda Bharti
b) In re Golaknath case
c) In re Swarn Singh
d) In re Maneka Gandhi
 
92. In which of the following cases has the Supreme Court held that primacy should be given to the opinion of other constitutional functions in the matter of appointment of High Court and Supreme Court judges
a) Keshvananda Bharti case
b) Special Courts Bills case
c) Transfer of Judges case
d) Supreme Court Advocates on Record Association v. Union of India
 
93. The doctrine of prospective overruling was first evolved by Chief Justice Subha Rao in
a) Sankari Prasad v. Union of India
b) Keshvananda Bharti v. State of Kerala
c) Sajjan Singh v. State of Rajasthan
d) Golaknath v. State of Punjab
 
102. Democracy and federalism are essential features of our Constitution and basic feature of its structure. This observation was made in S. R. Bommai case by
a) J. S. Verma, J
b) S. R. Pandian, J.
c) P. B. Sawant, J
d) A. M. Ahmadi, J
 
106. In which of the following cases did the Supreme Court hold that an amendment of the Constitution under Article 368 was ‘law’ within the meaning of Article 13?
a) Shankari Prasad v. Union of India
b) Keshvananda Bharti v. State of Kerala
c) Golaknath v. State of Punjab
d) Sajjan Singh v. State of Rajasthan
 
108. In which of the following cases, was it held that Articles 14, 19 and 21 are not mutually exclusive and joinly aim at reasonableness and fairness?
a) Jagan Nath v. Union of India
b) Golaknath v. State of Punjab
c) Maneka Gandhi v. Union of India
d) Ram Swarup v. Delhi Administration
109. In which of the following cases was the new concept of equality under Article 14, i.e. protection against arbitrariness, propagated by Justice Bhagwati?
a) D. K. Bakshi v. Union of India
b) E. P. Royappa v. State of Tamil Nadu
c) Pradeep Jain : Union of India
d) Air India v. Nargeesh Mirza
 
116. In which of the following cases did the Supreme Court rule that the principle of sovereign immunity will not apply to a proceeding for award of compensation for violation of fundamental rights?
a) Rudal Sah v. State of Bihar
b) Kasturi Lal v. State of U.P.
c) Bhim Singh v. State of Punjab
d) Nilabeti Behera v. State of Orissa
 
119. Arrange the decisions of the Supreme Court on Fundamental Right to personal liberty in the correct chronological sequence:
(1) Maneka Gandhi v. Union of India
(2) A.D.M. Jabalpur v. Shiv Kant Shukla
(c) A. K. Gopalan v. State of Madras
Codes:
a) 1, 2, 3
b) 3, 2, 1
c) 2, 3, 1
d) 2, 1, 3
 
121. Which section of Preventive Detention Act, 1950, was declared ultra vires by the Supreme Court in case of A. K. Gopalan v. State of Madras?
a) Section 11
b) Section 14
c) Section 17
d) Section 19
 
136. In which one of the following judgments, the Supreme Court found that “morality and law cannot be equated with each other”?
a) P. V. Narsimha Rao v. State
b) Common Cause v. Union of India
c) Bennett & Coleman Ltd v. Union of India
d) V. V. Shivaprasad v. K. Venkateswarlu
 
138. Which one of the following judgements is not related to the ‘doctrine of separation of powers’?
a) State of Rajasthan v. Union of India
b) Golak Nath v. State of Punjab
c) Union of India v. Sankatchand
d) Asif Hameed v. State of Jammu & Kashmir
 
139. “Article 74(1) is mandatory and therefore, the President cannot exercise the executive power without the aid and advice of the Council of Ministers”, was observed by the Supreme Court in:
a) Samshar Singh v. State of Punjab
b) U. N. R. Rao v. Indira Gandhi
c) Both (a) and (b)
d) None of these
 
142. ‘The power of the President to grant pardon is an independent power distinct from judicial power. It is not judiciable on its merits. Only the area and scope of President’s power under Article 72 can be examined by the court.” This was held by the Supreme Court in
a) Kehar Singh v. Union of India
b) State of Punjab v. Joginder Singh
c) Maru Ram v. Union of India
d) All of the above
 
76. Which one of the following authorities is competent to seek the advisory opinion of the Supreme Court of India?
a) The President of India
b) The Prime Minister of India
c) The Government of a State
d) The Parliament of India
 
 

WBCS Main Question Paper – 2017

7. The concept of ‘Judicial Activism’ has gained currency in India in
(A) 1960’s       
(B) 1980’s       
(C) 1990’s      
(D) 1970’s
 
17. The first Constitutional Amendment was challenged in the case
(A) Sankari Prasad v. UOI 
(B) Sajjan Singh v. State of Rajasthan
(C) A.K. Gopalan v. State of Madras
(D) Golaknath v. State of Punjab
 
21. The Constitution is the supreme law of the land. It is preserved by
(A) The Cabinet      
(B) The Supreme Court     
(C) The Constituent Assembly    
(D) The Parliament
 
23. The present strength of the Judges of the Supreme Court was fixed by
(It increased by amending Supreme Court (Number of Judges) Act.)
(A) The original Constitution      
(B) Parliament in 1958     
(C) Parliament in 1977    
(D) Parliament in 1986
 
24. Who expressed the view that ‘Supreme Court of India has more powers than any other Supreme Court in any part of the world’ ?
(A) Justice Khanna     
(B) Dr. B.M. Rao     
(C) K. M. Munshi      
(D) A. Krishna Iyer
 
25. The Supreme Court struck down a part of the Prevention detention Act in the
(A) Gopalan case     
(B) Golaknath case     
(C) Ramesh Thappar case    
(D) Kochumni case
 
26. Provision of Article 73 i.e. extent of executive power of the union confers upon the union which of the following phenomenon ?
(A) Power, jurisdiction and authority.
(B) Jurisdiction, constituent authority and power.
(C) Right, authority and jurisdiction.
(D) Inherent power, authority and jurisdiction.
 
28. High Court judges in India are appointed
(A) exclusively by the Collegium of the Supreme Court of India
(B) by National Judicial Appointment Commission
(C) Prime Minister in consultation with the Supreme Court of India
(D) by Parliament in consultation with the Chief Justice of India
 
34. A jurist can be appointed in which of the Court below
(A) Supreme Court      
(B) High Court     
(C) In the District Court     
(D) Special Court
 
44. Who is to decide whether any matter is a matter where the Governor has to act in his discretion ?
(A) The Prime Minister
(B) The Supreme Court of India
(C) The High Court of the concerned state
(D) The Governor
 
97. After the judgment of Minerva Mills v. UOI, the provision of Article 31C means :
(A) All Directive Principles supersede fundamental rights
(B) No Directive Principles can supersede the fundamental rights
(C) The Directive Principles contained in Article 39(a) supersede the fundamental rights
(D) The Directive Principles contained in Article 39(b), (c) supersede the fundamental rights
 
98. ‘Provisions relating to fundamental duties cannot be enforced by writs. They can be only promoted by constitutional methods. But they can be used for interpreting ambiguous statutes. In which of the cases was this principle enunciated
(A) Motilal v. State of UP
(B) Civil Rights Committee v. UOI
(C) Head Masters v. UOI  
(D) Magan Bhai v. UOI
 
40. Which of the following section of Indian Penal Code has been declared unconstitutional by The Supreme Court of India ?
(A) Section 121     
(B) Section 303      
(C) Section 307     
(D) Section 366
 
41. The power to issue appropriate writs for enforcement of rights conferred by PART – III of the Constitution of India may be given to any other court to exercise within the local limits of its jurisdiction by
(A) exercise of legislative power of the Parliament
(B) promulgation of an Ordinance
(C) passing a resolution in both the Houses
(D) parliament in consultation with the Supreme Court of India
 
 

WBCS Main Question Paper – 2016

13. Which one of the following amendments of the Constitution abolished the Privy Purses and privileges of the Indian princes ?
(A) 26th Amendment       
(B) 28th Amendment        
(C) 30th Amendment       
(D) 32nd Amendment
 
14. The concept of the basic structure of the constitution propounded in the Keshavanand Bharati case was further elaborated and strengthened in-
(A) Indira Gandhi Vs Raj Narain case
(B) Minerva Mills case
(C) Both (A) And (B)
(D) None of the Above
 
67. Judicial Review power of the Supreme Court means the power to-
(A) review its own judgment
(B) review the functioning of judiciary in the country
(C) examine the constitutional validity of the laws
(D) undertake periodic review of the constitution.
 
94. Supreme Court of India has given a landmark guideline spelled out the restrictions on the Union Government’s power to dismiss a state government as per the Article 356 of the Indian Constitution in which of the following case ?
(A) Minerva Mills Case       
(B) S..R. Bommai Case       
(C) Sajjan Singh Case      
(D) Golaknath Case
 
96. Which among the following statement is correct ?
(A) There are provisions that a retired judge of Supreme Court only can sit and act as judge of Supreme Court.
(B) There are provisions that a retired judge of Supreme Court and High Courts can sit and act as judge of Supreme Court.
(C) There are provisions that a retired judge of High Courts only can sit and act as judge of Supreme Court.
(D) None of the above.
 
123. Article 13 of Indian constitution uses the words “to the extent of such inconsistency be void—which of the following doctrines is coherent to this ?
(A) Doctrine of Eclipse       
(B) Doctrine of Waiver     
(C) Doctrine of Severability      
(D) Doctrine of Lapse
 
 

WBCS Main Question Paper – 2015

1.  The minimum number of judges to sit on the Constitution Bench or on Bench which gives its advisory opinion on the reference by the President must be
(A) One half of the total strength of the Supreme Court       
(B) Seven
(C) Three        
(D) One-third of the total strength of the Court
 
2.   The Supreme Court of India
(A) Is a Court of record and has a power to punish for its contempt
(B) Is the only highest Court of Appeal
(C) Is like House of Lords on its Judicial side
(D) Is in all respects like Supreme Court of USA
 
3.   The Supreme Court at present consists of
(A) 26 Judges         
(B) 26 Judges including the Chief Justice of India
(C) Chief Justice of India and 20 other Judges       
(D) Chief Justice of India and 16 other Judges
 
4.   Doctrine of pleasure was introduced in :
(A) Article 310        
(B) Article 312        
(C) Article 317       
(D) None of the above
 
36.  The Supreme Court retains its jurisdiction over the Administrative Tribunals under :
(A) Art 356       
(B) Art 132       
(C) Art 134        
(D) Art 136
 
37.  To reduce the mounting arrears in High Courts and to secure the speedy disposal of service matters, revenue matters and certain other matters of special importance in the context of the socio-economic development and progress which amendment to the Constitution of India provides for administrative and other tribunals for dealing with the above matter ?
(A) 41st Amendment        
(B) 42nd Amendment        
(C) 43rd Amendment       
(D) 44th Amendment
 
38.  Name the writ issued by a superior court to a lower court or a tribunal forbidding it to perform and act outside its jurisdiction
(A) Certiorari         
(B) Prohibition         
(C) Mandamus        
(D) Quo Warranto
 
42.  Article 368 very clearly lays down situations in which State Legislatures have to ratify a piece of Legislation before the Bill can receive the assent of the President. Choose the provision/provisions from the following that requires ratification by 1/2 of State Legislature
(A) Women’s reservation
(B) Amendment of provisions regarding Scheduled Castes and Scheduled Tribes
(C) Fundamental Rights         
(D) Supreme court and High Court
 
43.  High Courts are instituted as Constitutional Courts by
(A) Part IX Chapter 2       
(B) Part VII Chapter 6      
(C) Part V Chapter 3        
(D) Part VI Chapter 5
 
44.  Currently how many High Courts are there in India ?
(A) 22        
(B) 24       
(C) 25    (in 2019)   
(D) 29
 
45.  Who is appointed as the Chief Justice of India ?
(A) The President appoints the Chief Justice of India upon the advice of the Union Cabinet
(B) The senior most judge of the Supreme Court is appointed as the Chief Justice of India
(C) The panel of judges of Supreme Court elect a Chief Justice from among themselves
(D) The Chief Justice of India is elected by the Lok Sabha
 
46.  To be eligible to be a judge of the Supreme Court which among the following is not a criteria for eligibility ?
(A) Judge of one High Court or more continuously for at least 5 years
(B) An advocate of High Court for at least 10 years
(C) Above 40 years of age
(D) A distinguished jurist in the opinion of the President
 
80.  In which case did the Supreme Court of India hold in a majority judgment that the Fundamental Rights could not by their very nature be subject to amendment by Parliament ?
(A) Minerva Mills Case 1980       
(B) Golaknath Case 1967
(C) Keshavananda Bharati Case 1973      
(D) Champakam Dorairajan Case 1951
 
 

WBCS Main Question Paper – 2014

13.  The verdict by the Supreme Court that the original (basic) structure of the Constitution cannot be amended was given in which case ?
(A) Sajjan Singh case         
(B) Minerva Mills case
(C) Golak Nath’s case          
(D) Keshvananda Bharati case
 
25.  The guardian of the Indian Constitution is :
(A) The President of India
(B) The Parliament of India
(C) The Supreme Court of India
(D The Prime Minister and the Council of Ministers
 
33.  Identify the correct chronological order of the following landmark judgments by the Supreme Court :
(i) Minerva Mills case
(ii) Golak Nath case
(iii) A. K. Gopalan case
(iv) Ninth Schedule of the Constitution case
(A) (iv), (ii), (iii), (i)       
(B) (iii), (iv), (i), (ii)      
(C) (iii), (i), (ii), (iv)        
(D) (iii), (ii), (i), (iv)
 
35.  Arrange the following in chronological order and use the codes given below :
(i) Keshavananda Bharati case
(ii) Golaknath case
(iii) Minerva Mills case
(iv) Sajjan Singh case Codes
(A) (iii), (ii), (iv), (i)       
(B) (i), (iv), (iii), (ii)        
(C) (iv), (ii), (i), (iii)       
(D) (ii), (iv), (iii), (i)
 
39.  Which one of the following High Courts has the territorial jurisdiction over Andaman and Nicobar Islands ?
(A) Andhra Pradesh       
(B) Kolkata        
(C) Chennai       
(D) Odisha
 
40. District Judges in a state are appointed by the :
(A) Governor
(B) Chief Justice of High Court
(C) Council of Ministers of the State
(D) Advocate General of the State
 
 

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