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Consider the following statements:<br>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<br>1. Constitution (4<sup>th</sup> Amendment) Act<br>2. Constitution (24<sup>th</sup> Amendment) Act<br>3. Constitution (17<sup>th</sup> Amendment) Act<br>4. Constitution (42<sup>nd</sup> Amendment) Act<br>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
Correct Answer:
1, 2 and 3
Which of the following statements is/are correct?
1. When the court declares certain provisions of the Act as invalid and affects the validity of that Act, this principle is known as Doctrine of Severability.
2. It is the prospective character of Article 13(1) which gives rise to the Doctrine of Eclipse.
3. The American doctrine of waiver of Fundamental Rights is part of the Indian Constitution.
4. The doctrine of prospective overruling was not applied in I. C. Golaknath v. State of Punjab.
A
Only 1, 2 and 3 are correct
B
Only 2, 3 and 4 are correct
C
Only 2 is correct
D
Only 4 is correct
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
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:
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 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. In the case of Mithu v. State of Punjab, the constitutional validity of Section 303 of the Indian Penal Code was examined by the Supreme Court of India and held that this Section violates Article 14 and Article 21 of the Constitution,
2. Counsel for appellants/petitioners in the above case contended that Section 303 of the Indian Penal Code is arbitrary, because it authorizes deprivation of life by an unjust and unfair procedure.
3. Section 303 of the Indian Penal Code provides punishment for culpable homicide by causing death of person other that the person whose death was intended.
Which of the statements given above is/are correct?
A
1 and 2
B
1 only
C
1, 2 and 3
D
2 only
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
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
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
In which case, the Supreme Court gave 'Doctrine of Prospective Overruling'
A
Shankari Pd. v. Union of India
B
Sajjan Singh v. State of Rajasthan
C
l. Golak Nath v. State of Punjab
D
Keshavanand Bharti v. State of Kerala