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CBSE Questions for Class 12 Commerce Legal Studies Judiciary Quiz 7 - MCQExams.com
CBSE
Class 12 Commerce Legal Studies
Judiciary
Quiz 7
The Supreme Court of India recognized sexual harassment as a human rights violation in the case of _________________.
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Mohd. Ahmed Khan vs Shah Banu Begum
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Vishaka vs State of Rajasthan
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Tukaram vs State of Maharashtra
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Sharad Birdhichand Sarda vs State of Maharashtra
The Supreme Court adopted the Mandal Commission recommendations on reservation for other Backward Classes in the cases of _______________.
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S. R. Bommai vs Union of India
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Indira Sawhney vs Union of India
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Maneka Gandhi vs Union of India
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Unnikrishnan vs Union of India
Match List-I
with List-II and select the correct answer using the code given below the lists:
List I
List II
A.
Restitution afresh
1.
Representative of minor or a plaintiff of unsound mind in a civil suit.
B.
Next friend
2.
Person representing the estate of the deceased.
C.
Legal
3.
Debtor of the representative judgment-debtor liable for payment or delivery.
D.
Garnishes
4.
Setting aside exparte decree and rehearing .the case.
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A-2, B-3, C-1, D-4
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A-4, B-3, C-2, D-1
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A-4, B-1, C-2, D-3
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A-3, B-4, C-2, D-1
A written statement in the name of a person by whom it is voluntary signed and sworn is called ______________.
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power of attorney
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affidavit
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petition.
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affirmation.
Detention denotes ________________.
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confiscating goods
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arrest
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defects
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no freedom to move
Judicial review function of the Supreme Court means ________________.
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review its own judgment.
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review the functioning of judiciary in the country.
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examine the constitutional validity of the laws.
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undertake periodic review of the Constitution.
In which case did the Supreme Court strike down the provisions of the Constitution that accorded primacy to directive principles over fundamental rights?
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Minerva Mills case.
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Golak Nath case.
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Sajjan Singh case.
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Keshavananda Bharati case.
The President of India referred the Ayodhya issue to the Supreme Court of India under which Article?
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143
0%
138
0%
136
0%
132
0%
130
The Supreme Court of India gave its interpretation of Hindustan in the _________________.
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Keshavananda Bharati case
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Minerva Mills case
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Manohar Joshi case
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Babri Masjid case
The Law Commssion which recommended major electoral changes was headed by __________________.
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Justice B.P. Jeevan Reddy
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Justice J.S. Verma
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Justice Wadhwa
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none of the above
What is meant by a court of record?
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The court that preserves all its records.
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The court that maintains records of all lower courts.
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The court that can punish for its contempt.
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The court that is competent to give directions.
In the Keshavananda Bharati case, the Supreme Court _________________.
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deprived the Parliament of its right to amend the Fundamental Rights
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restored to the Parliament the right to amend the Fundamental Rights as it pleased
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upheld the right of Parliament to amend any part of the Constitution (including PArt III dealing with Fundamental Rights) except the basic structure of the Constitution
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did none of the above
Public Interest Litigation can be resorted to in case of injury due to __________________.
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breach of any public duty
0%
violation of the law
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violation of a constitutional provision
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all the above
Which of the following cases cannot be filed directly in the Supreme Court?
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Disputes between two or more states.
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Cases against encroachment on fundamental rights.
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If ones property is forcefully occupied by the other.
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Both (a) and (b) above.
Judicial review signifies that the Supreme Court _________________.
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has final authority over all cases.
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can impeach the president.
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can review cases decided by the high courts.
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can declare a state law as unconstitutional.
A person whose guardian is appointed during his minority, becomes a major at the age of ________ years.
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31
0%
21
0%
28
0%
18
In which case did the Supreme Court restore primacy of fundamental rights over the directive principles?
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A. K. Gopalan Case.
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Golaknath Case.
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Minerva Mills Case.
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Keshvananda Bharati Case.
Which is not an eligibility criterion for appointment as a Judge of the Supreme Court?
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He/She must have been a High Court Judge for at least 5 years
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He/She
must have attained the age of 55 years
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He/She
must have been an advocate of a High Court for not less than 10 years
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He/She
must be in the opinion of the President, a distinguished jurist
Explanation
The qualifications to be appointed as a judge of the supreme court are:
1) A person should be a citizen of India
2) He should have been the judge of a High Court for five years or he should have been an advocate of the high court for ten years or he should be a distinguished jurist in the opinion of the President.
In whom are the powers of judicial review vested in India?
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President.
0%
Parliament.
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All the courts.
0%
Supreme Court and all the High Courts.
Which of the following is an extensive ordinal jurisdiction given by the Constitution of India to the Supreme Court?
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Enforcement of fundamental rights.
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Hearing revenue cases of appeal.
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Hearing criminal cases of appeal.
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Advising the chief executive in legal matters.
Judicial review in India does not extend to ___________________.
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the advice that the Council of Ministers gives to the President
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the discretionary powers of the Governors
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the privileges enjoyed by Parliament members
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Any of the above
Explanation
The Supreme court has the power to check the constitutionality of the laws made by the legislature and actions taken by the administrative authority. It can declare such actions or laws unconstitutional if they are violative of the Constitution. The Power of judicial review does not extend to the advice given by council of ministers to the president and discretionary power of governor while acting in his sole discretion either in the appointment of chief minister or dissolution of the house of the state legislature and the Parliamentary Privileges given to the member of parliament.
Salaries of the Judges of the Supreme Court are drawn from the _______________.
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Grants-in-aid
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Contingency Fund
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Consolidated Fund
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Public Accounts
Explanation
The Supreme court judges are entitled to salary and allowances during the term of their office and pension after their retirement. These are determined by the Parliament and charged upon the Consolidated Fund of India.
The salaries of the Judges of the Supreme Court of India __________________.
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can never be reduced under any circumstances
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can be reduced during their term of office
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cannot be reduced during the term of their office except during a financial emergency
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are fixed by President of India
Explanation
Article 360 provides for the imposition of Financial emergency if the President is satisfied that the situation has arisen where the financial stability or the credit of India is in danger. The effect of this emergency can reduce the salary of public servants including the judges of Supreme Court and High Court.
Which of the following is incorrect regarding Supreme Court?
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It has the power to punish by fine and imprisonment any person guilty of contempt of its authority
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It is a court of record and has all the powers of such court including the power to punish for contempt of itself
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Its records are admitted in evidence and cannot be questioned when produced in any Court of Law
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It is bound by its earlier decision and cannot depart from its previous decisions
Explanation
The Supreme court is the Apex court of the Country. The constitution provides that the Law declared by supreme court has a binding value within the territory of India. The Supreme court can reverse its previous order if they are erred or if necessity demands so. E.g., Earlier privacy was adjudged not be a fundamental right which is now declared as a fundamental right. Thus the Supreme Court is not bound by its previous decision and can reverse its decision with a larger bench.
The constitution made supreme court the guarantor and guardian of fundamental rights. the supreme court can declare any law made by the legislature or any action by administrative authority unconstitutional if they encroach upon fundamental rights.
A civil case becomes a fit case for appeal to the Supreme Court if ________________________.
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it involves a point of Constitutional law
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the High Court certifies that it involves a point of law and needs interpretation of the Constitution
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it involves a sum of money over Rs. 10,000
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the case had come to the High Court under an appeal from a subordinate court
Explanation
The Supreme Court most importantly is a court of appeal and hears appeals against the judgment of the lower court. Article 133 of the Constitution provide for an appeal to the supreme court from the judgment of High Court in civil matters.
The appeal lies when High Court certifies that:
1) the case involves a substantial (material) question of law ;
2) the question needs to be decided by the Supreme Court.
Consider the following statements:
The Parliament cannot enlarge the jurisdiction of the Supreme Court of India as its jurisdiction is limited to that conferred by the Constitution.
The officers and servants of the Supreme Court and High Courts are appointed by the concerned Chief Justice and the administrative expenses are charged on the Consolidated Fund of India.
Which of the statements given above is/are correct?
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1 only
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2 only
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Both 1 and 2
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Neither 1 nor 2
The Judges of the Supreme Court take an oath or affirmation before entering upon office, conducted by _________________.
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Chief Justice of India
0%
President or Vice-President
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President or some person appointed by him
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None of the above
Explanation
A judge of the supreme court is appointed by the President. Any such person appointed as the judge of supreme court before entering upon his office has to make and subscribe an oath or affirmation before the President or any other person appointed by the president for this purpose.
The oath to a High Court Judge is administrated by the ______________.
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Chief Justice of India
0%
Chief Justice of that High Court
0%
Governor
0%
President
Explanation
The High Court judges are appointed by President with the consultation of Chief Justice of India and Governor of the concerned state. Article 219 specifically provides that every person who is appointed to be a judge of High Court shall before entering upon his office make and subscribe before the Governor of the concerned State or some other person appointed in that behalf by him, an oath or affirmation.
The Chief Justice and other Judges of the High Court are appointed by the ___________________.
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President
0%
Chief Justice of the Supreme Court
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Governor of the concerned state
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Chief Minister of the concerned State
Explanation
The Chief Justice of High Court is appointed by the President after Consultation with the Chief Justice of India and the Governor of the State Concerned. In the appointment of other judges, the Chief Justice of concerned High Court is also consulted.
Which of the following is the subject matter of the 99th Constitution Amendment Act, 2014, which came into force with effect from 13th April, 2015 ___________.
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Giving Constitutional Status to the proposed National Judicial Appointments Commission
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Giving Constitutional status to the Expenditure Management Commission
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Giving Constitutional status to Juvenile Justice Board
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None of the above.
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