Judiciary MCQ Quiz - Objective Question with Answer for Judiciary - Download Free PDF

The correct answer is USA.

Key Points 

Judicial review:

• It is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
• In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.
• It is the power exerted by the courts of a country to examine the actions of the legislatures, and executive and administrative arms of government and to ensure that such actions conform to the provisions of the nation’s Constitution.
• Judicial review has two important functions, like, legitimizing government action and protecting the constitution against any undue encroachment by the gov­ernment.
• The concept of judicial review has been borrowed from the constitution of the USA. Hence, option 4 is correct.
• In the Indian Constitution, the power of judicial review with regard to the Supreme Court is stated in Articles 32 and 136 and in Articles 226 and 227 with respect to the High court.
• Judicial review is considered a basic structure of the constitution (Indira Gandhi vs Raj Narain Case 1975).
• Although judicial review had been relatively uncommon before World War II, by the early 21st century more than 100 countries had specifically incorporated judicial review into their constitutions.

The Federal Court of India was a judicial body, established in India in 1937 under the provisions of the Government of India Act 1935, with original, appellate and advisory jurisdiction. 

• The Supreme Court of India also came into existence and its first sitting was held on 28 January 1950.

 Additional Information

• The Supreme Court of India is the highest judicial court in India and the final court of appeal under the Indian Constitution.
• This is the highest constitutional court, with the power of judicial review.
• The Indian constitution provides Supreme Court provisions under Part V (The Union) and Chapter 6 (The Union Judiciary).
• Articles 124 to 147 in Part V of the Constitution deal with the organization, independence, jurisdiction, powers, and procedures of the Supreme Court.
• Article 124 (1) states that there shall be a Supreme Court of India constituting of a Chief Justice of India (CJI) and, until Parliament by law prescribes a larger number, of not more than seven other Judges.
• Judicial review - the power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution.

The correct answer is High Court of the state.

Key Points

• The appointment of district judges in a state is governed by Article 233 of the Indian Constitution.
• As per Article 233, the Governor of the state appoints district judges in consultation with the High Court of the state.
• This consultation is typically done with the Chief Justice of the High Court or other judges as deemed necessary.
• The objective of this provision is to ensure judicial independence and maintain the integrity of the judiciary.
• The High Court plays a crucial role in ensuring that appointments are based on merit and adhere to constitutional principles.

Additional Information

• Article 233 of the Constitution: Deals specifically with the appointment of district judges, stating that the Governor must consult the High Court of the state.
• Role of the High Court: The High Court ensures that appointments are fair, unbiased, and based on the eligibility criteria such as qualifications and experience.
• Governor's Role: While the Governor formally appoints district judges, this authority is not absolute and requires consultation with the judiciary to uphold constitutional checks and balances.
• Judicial Independence: This provision ensures that the executive branch does not interfere with the judiciary, protecting its independence and impartiality.
• Eligibility for District Judge: Typically, candidates must have practiced as advocates for at least seven years and meet other criteria as specified by the High Court and relevant rules.

Judicial review is the power of the courts to consider the constitutionality of acts of organs of Government and declare it unconstitutional if it violates or is inconsistent with the basic principles of the Constitution.

Additional Information

• Judicial Review is a part of the Basic Structure of the Constitution.
• Judicial review is considered a basic structure of the constitution (Indira Gandhi vs Raj Narain Case 1975).
• Judicial review is also called the interpretational and observer roles of the Indian judiciary.
• The doctrine of judicial review is a unique American Supreme Court innovation. 
• Judicial review has two vital purposes: legitimizing government action and protecting the Constitution against government overreach.
• It also includes the Supreme Court's ability to examine its own judgment order.
• Judicial review by the Supreme Court and High Courts has played a critical role in ensuring constitutional government in India by keeping the Union and State governments within their respective jurisdictional realms.

Hence, Judicial review is the power of the courts that declare laws of parliament unconstitutional that are against Constitution. 

The correct answer is USA.

Key Points 

Judicial review:

• It is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
• In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.
• It is the power exerted by the courts of a country to examine the actions of the legislatures, and executive and administrative arms of government and to ensure that such actions conform to the provisions of the nation’s Constitution.
• Judicial review has two important functions, like, legitimizing government action and protecting the constitution against any undue encroachment by the gov­ernment.
• The concept of judicial review has been borrowed from the constitution of the USA. Hence, option 4 is correct.
• In the Indian Constitution, the power of judicial review with regard to the Supreme Court is stated in Articles 32 and 136 and in Articles 226 and 227 with respect to the High court.
• Judicial review is considered a basic structure of the constitution (Indira Gandhi vs Raj Narain Case 1975).
• Although judicial review had been relatively uncommon before World War II, by the early 21st century more than 100 countries had specifically incorporated judicial review into their constitutions.

The Federal Court of India was a judicial body, established in India in 1937 under the provisions of the Government of India Act 1935, with original, appellate and advisory jurisdiction. 

• The Supreme Court of India also came into existence and its first sitting was held on 28 January 1950.

 Additional Information

• The Supreme Court of India is the highest judicial court in India and the final court of appeal under the Indian Constitution.
• This is the highest constitutional court, with the power of judicial review.
• The Indian constitution provides Supreme Court provisions under Part V (The Union) and Chapter 6 (The Union Judiciary).
• Articles 124 to 147 in Part V of the Constitution deal with the organization, independence, jurisdiction, powers, and procedures of the Supreme Court.
• Article 124 (1) states that there shall be a Supreme Court of India constituting of a Chief Justice of India (CJI) and, until Parliament by law prescribes a larger number, of not more than seven other Judges.
• Judicial review - the power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution.

The judiciary (also known as the judicial system, judicature, judicial branch, judicative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases.

• The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state.
• The judiciary can also be thought of as the mechanism for the resolution of disputes.

Important Points

1. Under the Constitution of India, there is a single integrated and independent judicial system. The Apex court of the Nation is the Supreme Court.
2. There are however different courts in states. High Court is the highest court in the state judicial system. Below it is subordinate courts of civil and criminal matters.
3. The higher courts in the hierarchy have the power of hearing an appeal from the lower court and it can go until it reaches the Supreme Court whose decision will be final and binding. 
4. Unlike the United States, India has not provided for a double system of courts.

Hence, The Indian judiciary system is not provided with a double system of courts, In India, there is a single integrated system of courts available.

The correct answer is It becomes null and void..

Key Points

• If a law is declared unconstitutional under judicial review, it ceases to have any legal effect and is treated as if it never existed.
• The judiciary exercises this power under the principle of constitutional supremacy, ensuring that all laws adhere to the constitution.
• Such a declaration is binding on all authorities, including the legislature, executive, and judiciary.
• The law is considered null and void from the date of its enactment, unless the court specifies otherwise.
• This power of judicial review is a key feature of democracies like India and the USA, ensuring the protection of fundamental rights and constitutional integrity.

Additional Information

• Judicial Review:
  • It is the power of the judiciary to examine the constitutionality of legislative and executive actions.
  • Judicial review ensures that no law or government action violates the constitution.
  • In India, this power is derived from Articles 13, 32, and 226 of the Constitution.
• Unconstitutional Law:
  • A law is termed unconstitutional when it contravenes the provisions of the constitution, particularly fundamental rights.
  • Such laws cannot be enforced and lose their legal validity.
• Doctrine of Basic Structure:
  • The judiciary uses this doctrine to ensure that amendments or laws do not alter the basic framework of the constitution.
  • This doctrine was established in the landmark Kesavananda Bharati case (1973).
• Article 13 of the Indian Constitution:
  • Article 13 declares that any law inconsistent with the fundamental rights shall be void.
  • It forms the basis for judicial review in India.

Judicial review is the power of the courts to consider the constitutionality of acts of organs of Government and declare it unconstitutional if it violates or is inconsistent with the basic principles of the Constitution.

Additional Information

• Judicial Review is a part of the Basic Structure of the Constitution.
• Judicial review is considered a basic structure of the constitution (Indira Gandhi vs Raj Narain Case 1975).
• Judicial review is also called the interpretational and observer roles of the Indian judiciary.
• The doctrine of judicial review is a unique American Supreme Court innovation. 
• Judicial review has two vital purposes: legitimizing government action and protecting the Constitution against government overreach.
• It also includes the Supreme Court's ability to examine its own judgment order.
• Judicial review by the Supreme Court and High Courts has played a critical role in ensuring constitutional government in India by keeping the Union and State governments within their respective jurisdictional realms.

Hence, Judicial review is the power of the courts that declare laws of parliament unconstitutional that are against Constitution. 

The correct answer is USA.

Key Points 

Judicial review:

• It is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
• In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.
• It is the power exerted by the courts of a country to examine the actions of the legislatures, and executive and administrative arms of government and to ensure that such actions conform to the provisions of the nation’s Constitution.
• Judicial review has two important functions, like, legitimizing government action and protecting the constitution against any undue encroachment by the gov­ernment.
• The concept of judicial review has been borrowed from the constitution of the USA. Hence, option 4 is correct.
• In the Indian Constitution, the power of judicial review with regard to the Supreme Court is stated in Articles 32 and 136 and in Articles 226 and 227 with respect to the High court.
• Judicial review is considered a basic structure of the constitution (Indira Gandhi vs Raj Narain Case 1975).
• Although judicial review had been relatively uncommon before World War II, by the early 21st century more than 100 countries had specifically incorporated judicial review into their constitutions.