Consider the following statements: The Supreme Court of India tenders advice to the President of India on matters of law or fact 1. On its own initiative (or any matter of larger public interest) 2. If he seeks such an advice 3. Only if the matters relate to the Fundamental Rights of the citizens Which of the statements given above is/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

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

Consider the following statements:
1. The Supreme Court has original jurisdiction in any dispute between the Government of India and one or more States.
2. The Supreme Court has original jurisdiction in any dispute between the Government of India and any State or States on one side and one or more other State on the other.
3. The Supreme Court has original jurisdiction in any dispute between the Government of India and any corporation of Individual one side and one or more States on the other.
4. The Supreme Court has original jurisdiction in any dispute between two or more States.
Which of these statements are correct?

A

1 and 2

B

1, 2 and 4

C

3 and 4 only

D

1, 2, 3 and 4

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

Article 74(2) the question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
In the light of article 74(2) and decided cases, test the correctness of the following statements:
Statement 1. The Courts are justified in probing as to whether there was any material on the basis of which the advice was given, and whether it was relevant for such advice and the President could have acted on it.
Statement 2. When the Courts undertake an enquiry into the existence of such material, the prohibition contained in article 74(2) does not negate their right to know about the factual existence of any such material.

A

Only Statement 1 is correct

B

Only statement 2 is correct

C

Both statements are incorrect

D

Both statements are correct

Consider the following statements:
1. After the President of India has asked the Council of Ministers to reconsider the advice given by the Council of Ministers, the President may not act in accordance with the advice rendered after such reconsideration.
2. The President of India can grant pardon under Article 72 of the Constitution of India, to any person convicted of any offence.
Which of the statements given above is/are correct?

A

1 only

B

2 only

C

Both 1 and 2

D

Neither 1 nor 2

Consider the following statements:
1. Supreme Court's power to issue writs is narrower than that of High Court
2. A citizen is free to approach High Court or Supreme Court's as he choose, whenever his fundamental rights are violated
3. The law declared by the Supreme Court is binding on all courts throughout India
Which of the above statements(s) is/are correct?

A

1 alone

B

1 and 2

C

1, 2 and 3

D

2 and 3

Consider the following statements:
1. Parliament shall, while a proclamation of Emergency is in operation, have the power to make laws of the whole or any part of territory of India with respect to any of the matters enumerated in the list
2. Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List
3. Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement, or convention with any other country
4. Parliament has power to legislate with respect to a matter in the State List in the national interest subject to the resolution passed by the Council of States by two-thirds majority
Which of these statements are correct?

A

1, 2 and 3

B

1, 2, 3, and 4

C

1, 3 and 4

D

2 and 4

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 about the residuary powers of the legislations:
1. The Parliament has exclusive power to make any law with respect to any matter not enumerated in List II or List III.
2. State Legislatures have exclusive power to make any law with respect to any matter enumerated in List-II.
3. The Parliament as well as State Legislatures have exclusive power to make any law with respect to any matter not enumerated in List II or List III.
Which of the statements given above is/are correct?

A

1 and 2

B

1 only

C

2 only

D

1 and 3