Bissoy
Login
Get Advice on Live Video Call
Earn $ Cash $ with
consultations on Bissoy App
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:
A
One-third
B
One-half
C
Two-thirds
D
Three-fourths
Correct Answer:
Two-thirds
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
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
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 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
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
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 member of Parliament can be disqualified on the ground of dejection if
1. He leaves the party as a result of split in the party along with members who constitute only
1
/
3
rd
of the total membership of that party
2. A nominated member joins any political party after the expiry of 6 months from the date on which he takes his seat in the House
3. He gives up membership of the political party on whose ticket he is elected
4. He votes or abstains from voting in the House against the direction of political party without prior permission
A
1, 2, 3
B
3 and 4
C
2, 3 and 4
D
1 and 2
Consider the following statements:
1. The President of India may be removed from his office before expiry of his term for violation of the Constitution.
2. The impeachment charge against the President may be preferred by either House of the Parliament.
3. For the resolution of impeachment, votes of two-third of the Members of the House present and voting are required. Which of the statements given above is/are correct?
A
1 and 2
B
1 and 3
C
2 and 3
D
1 only
Consider the following statements:
1. Council of States passes a resolution supported by not less than two-third majority of the members present and voting that it is in the national interest that the Parliament shouldmake law on such matters
2. Council of State and House of the People, both pass a resolution that it is in the national interest that the Parliament should make law on such matter
3. The President gives the prior permission for such legislation
4. Speaker of the House of the people in consultation with Chairman of the Council of States gives the prior permission for such legislation
Which of these statements is/are correct?
A
1 only
B
1, 2 and 3
C
2 and 3
D
1, 2, 3 and 4
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