In order to remove a judge of the Supreme Court, the President is, required by the Indian Constitution to receive an address by each House of Parliiament supported by a majority of the total membership of that house, and by a prescribed majority of members of that House present and voting. The prescribed majority is:

Consider the following statements: 1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the judges (Inquiry) Act, 1968. 2. The Constitution of India defines and gives details of what constitutes 'incapacity and proved misbehaviour' of the Judges of the Supreme Court of India 3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968. 4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting. Which of the statements given above is/are correct?

A

1 and 2

B

3 only

C

3 and 4 only

D

1, 3 and 4

Consider the following statements: 1. The Chief Justice of India can appoint a judge of a High Court as an ad hoc judge of the Supreme Court for a temporary period. 2. The chief justice of India can request a retired judge of the Supreme Court or a retired judge of a high court to act as a judge of the Supreme Court for a temporary period. Which of the above-given statements is/are correct?

A

1 only

B

2 only

C

Both 1 and 2

D

Neither 1 nor 2

A five-judge bench of the Supreme Court passes judgment in a matter. In a later case before a high court, a party presents the Supreme Court judgment as a binding authority. The opposing party claims that the high court is not bound by the Supreme Court's judgment because relevant provisions of law were not brought to the notice of the Supreme Court in that case. Which of the following is most correct in this case?
Principle: Article 141 of the Constitution provides that the law declared by the Supreme Court is binding on all courts within the territory of India.

A

Since the relevant provisions of law were not brought to the notice of the Supreme Court, the five-judge bench's decision is not 'law' within the meaning of Article 141, and is not binding on the high court

B

The Supreme Court must expressly declare that its judgment is binding on all courts within the territory of India when passing judgment. In this case, the Supreme Court has not done so, and therefore, the decision of the five-judge bench is not binding on the high court

C

The High Court cannot ignore the decision of the Supreme Court on the ground that relevant provisions of law were not brought to its notice. Under Article 141, it is bound by the decision of the Supreme Court

D

Only those decisions that are passed by a larger bench than the five-judge bench would be hinding on the high court, since legitimate doubts have been raised about the propriety of the five-judge bench's decision

E

The decision of the five-judge bench, since it is in conflict with other decisions, must first be decided upon by a larger bench on the Supreme Court. Only after that would the decision be binding on all other courts under Article 141 of the Constitution

What are the main provisions of constitutional remedies available to Indian citizens under the Indian Constitution? Select the correct answer using the following codes : (a) The citizens can move the courts for enforcement of their Fundamental Rights. (b) The Supreme Court can issue necessary writs for enforcement of these rights. (c) The Parliament can suspend the right to constitutional remedies by two-thirds majority, which must also be the majority of its total membership. (d) The parliament can empower the courts, other than the Supreme Court, to exercise powers for enforcement of these rights without adversely affecting the powers of the Supreme Court.

A

(a), (b), (c)

B

(a), (b), (d)

C

(a), (c), (d)

D

(b), (c), (d)

Consider the following statements to answer this question.
1. Parliament cannot extend the jurisdiction and power of the Supreme Court.
2. No discussion can take place in Parliament with respect to the conduct of judge of the Supreme Court in discharge of the duties.
3. A retired judge of the Supreme Court cannot appear or plead in any court or before any authority within the territory of India.
4. The salaries and allowances of the Supreme Court are fixed by the Constitution and charged on the Consolidated Fund of India.
Which of these statement are correct?

A

2, 3 and 4

B

1 and 2

C

1 and 3

D

2 and 4

Why is it remarked that the “pocket of the Indian President is bigger than that of the American President” in reference to Pocket Vetro Power of the president? A. The power of the Indian President not to take any action (either positive or negative) on the bill for an indefinite period. B. The President of the USA has to return the bill for reconsideration within 10 days, as against 30 days for the Indian President. C. The President of the USA has to return the bill for reconsideration within 10 days, as against 20 days for the Indian President. D. The President of the USA can't return the bill for reconsideration if he kept it for more than 10 days, while that is not the case with the Indian President.

A

D

B

C

D

A

What is correct about the dismissal of Vice President of Municipal Council ? a. He may be dismissed by No confidence motion. b. Signature of 1/6 members of council is essential in the resolution to introduce the No confidence motion. c. Signature of 1/10 members of council is essential in the resolution to introduce the No confidence motion. d. No confidence motion should be accepted by the Council by 2/3 majority. e. No confidence motion should be accepted by the Council by 3/4 majority. f. No confidence motion should be Passed by more than half of the total elected members and 2/3 majority of the members present and voting.

A

a, c, d

B

a, e, f

C

a, d, f

D

a, b, f

Which of the following statements are correct? Answer by using the code given below:
1. Persons in Govt/Judicial service need not resign to participate in District judge selection process held in "Vijay Kumar Misra and another v. High Court of Judicature at Patna" by the Supreme Court of India
2. The Supreme Court of India held in S. Kazi v. Muslim Education Society that " All Tribunals are not necessary parties to the proceedings where legality of its orders challenged"
3. The Supreme Court of India observed in Cardanumom Marketing Corporation and others v. State of Kerala and others that Social Security to the legal profession becomes an essential part of legal system
4. The Supreme Court of India held in 'Union of India v. Rajasthan High Court and others that High Court judges are exempted from Airport frisking.

A

Only 2 is correct

B

1, 2 and 3 are correct

C

2, 3 and 4 are correct

D

1, 2 and 4 are correct

Amendment of which of the following requires a majority of the total membership of each House of the Parliament, a majority of not less than two-thirds of the members present and voting in each House and ratification by half of the state legislatures:

A

Fundamental rights guaranteed by Part Third of the Constitution

B

Directive principles of state policy

C

The representation of state in the Parliament

D

Cession of Indian territory in favour of foreign state

Which of the following statements regarding the 'advisory jurisdiction of Supreme Court' is correct:
1. The opinion of Supreme Court may be sought by the President on any question of law or fact
2. In case the opinion of the Supreme Court is sought it is bound to give
3. The advice given by Supreme Court on matters referred to it is binding on the President
4. Advisory jurisdiction of Supreme Court can also be exercised over disputes arising out of references made over preconstitutional treaties

A

1 and 3

B

1 and 4

C

2 and 3

D

1, 2, 3 and 4

Related Questions