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Article 368(4) inserted by the 42<sup>nd</sup> Amendment of the Constitution, 1976 declared as invalid by the Supreme Court. In which one of the following cases it was held
A
Indira Gandhi v. Raj Narain
B
Keshvananda Bharti v. State of Kerala
C
Minerva Mills v. UOI
D
Golak Nath v. State of Punjab
Correct Answer:
Minerva Mills v. UOI
A seven member bench of the Supreme Court unanimously struck down clauses 2(d) of Article 323A and clause 3(d) of Article 323B of the Constitution relating to tribunals which excluded the jurisdiction of High Court and Supreme Court. The court held that power of judicial review over legislative action is vested in the High Court under Article 226 and in the Supreme Court under Article 32. This is an integral part of the basic structure of the constitution. Name the case:
A
L. Chandra Kumar v. Union of India
B
Kihota Hallahan v. Zachilhu
C
Nagaraj v. State of Andhra Pradesh
D
Rajendra Singh Rana v. Swami Prasad Maurya
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
Part XIV-A entitled "Tribunals" was inserted by the Constitution (Forty Second) Amendment Act, 1976. Clause 2(d) of Article 323-A and Clause (3)(d) of Article 323-B excluded jurisdiction of all courts, except that of the Supreme Court under Article 136. In which case were these clauses struck down as being unconstitutional to the extent they barred the jurisdiction of the High Courts under Articles 226/227 and that of the Supreme Court under Article 32?
A
Maneka Gandhi v. Union of India, AIR 1978 SC 597
B
Minerva Mills v. Union of India, AIR 1980 SC 1789
C
S. R. Bommai v. Union of India, AIR 1994 SC 1918
D
L. Chandra Kumar v. Union of India, AIR 1997 SC 1125
Clause (4) of Article 13 of the Indian Constitution which was inserted by the 24
th
Amendment Act, 1971, states that a Constitution Amendment Act, passed according to Article 368 of the Indian Constitution is a law within the meaning of Article 13 and would, accordingly be void if it contravenes a fundamental right. This amendment was declared void in which of the following cases?
A
Golak Nath v. State of Punjab
B
Edward Mills Co. Ltd. v. State of Ajmer
C
Minerva Mills v. Union of India
D
Ghulam Sarwar v. Union of India
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
Consider the following statements:
The doctrine of prospective overruling propounded by the Supreme Court in Golaknath Case held that the decision will have only prospective operation and was intended to save
1. Constitution (4
th
Amendment) Act
2. Constitution (24
th
Amendment) Act
3. Constitution (17
th
Amendment) Act
4. Constitution (42
nd
Amendment) Act
Which of the statements given above are correct?
A
1, 2 and 3
B
3 and 4
C
2, 3 and 4
D
1 and 2
Assertion (A): In Minerva Mills v. Union of India Article 31C as amended by the Constitution (forty second Amendment) Act, 1976 was held invalid.
Reason (R): The amendment of Article 31C destroyed the basic structure of the Constitution.
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 a correct explanation of A
C
A is true but R is false
D
A is false but R is true
Consider the following statements:
1. The powers of High Courts under Article 226 of the Constitution of India are wider than those of Supreme Court under Article 32 of the Constitution of India.
2. Both High Court and Supreme Court have concurrent power to enforce the fundamental rights.
3. It is mandatory for a petitioner first to approach the High Court instead of approaching the Supreme Court directly for enforcement of fundamental rights.
Which of the statements given above are correct?
A
1, 2 and 3
B
1 and 2
C
2 and 3
D
1 and 3
Which of the following statement/s about Fundamental Duties is/are not correct?
1. The Fundamental Duties are incorporated in Article 51A (part IVA) of Consitution.
2. The Fundamental Duties are inserted in the Constitution by the 42
nd
Constitution Amendment Act, 1976.
3. The Fundamental Duties have to be fulfilled by every person living in India.
4. The eleventh Fundamental Duty was added by the 86
th
Constitution Amendment Act, 2006.
Choose the correct answer:
A
1 and 2 are correct
B
2 and 3 are not correct
C
3 and 4 are correct
D
Only 3 is not correct
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