IASbaba's Daily Static Quiz
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DAILY STATIC QUIZ will cover all the topics of Static/Core subjects – Polity, History, Geography, Economics, Environment and Science and technology.
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UPSC Static Quiz - 2020 : IASbaba's Daily Static Quiz - POLITY [Day 27]
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Question 1 of 10
1. Question
Consider the following statements:
- The maximum number of Judges of the Supreme Court, including the Chief Justice of India shall be thirty.
- In Fourth Judges Case Supreme Court ruled for the first time that Chief Justice of India should consult Collegium consisting of four senior most Judges of Supreme Court.
Which of the statements given above is/are NOT correct?
Correct
Solution (c)
The maximum number of Judges of the Supreme Court, excluding the Chief Justice of India shall be thirty three.
Hence Statement 1 is incorrect.
In Third Judges Case Supreme Court ruled for the first time that Chief Justice of India should consult Collegium consisting of four senior most Judges of Supreme Court. (In second judges case it was only two senior most Judges)
Hence Statement 2 is incorrect.
Incorrect
Solution (c)
The maximum number of Judges of the Supreme Court, excluding the Chief Justice of India shall be thirty three.
Hence Statement 1 is incorrect.
In Third Judges Case Supreme Court ruled for the first time that Chief Justice of India should consult Collegium consisting of four senior most Judges of Supreme Court. (In second judges case it was only two senior most Judges)
Hence Statement 2 is incorrect.
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Question 2 of 10
2. Question
Consider the following statements:
- According to 84th Constitutional Amendment Act, the senior most Judge of Supreme Court is appointed as Chief justice of India.
- A Supreme Court Judge can hold office for 5 years or until he attains the age of sixty-five years whichever is earlier.
Which of the statements given above is/are correct?
Correct
Solution (d)
Constitution is silent on the exact procedure of appointment of CJI. Appointing the senior most Judge as CJI is a convention which is also affirmed by Supreme Court in 1993
Hence Statement 1 is incorrect.
A Supreme Court Judge can hold office until he attains the age of sixty-five years.
Hence Statement 2 is incorrect.
Incorrect
Solution (d)
Constitution is silent on the exact procedure of appointment of CJI. Appointing the senior most Judge as CJI is a convention which is also affirmed by Supreme Court in 1993
Hence Statement 1 is incorrect.
A Supreme Court Judge can hold office until he attains the age of sixty-five years.
Hence Statement 2 is incorrect.
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Question 3 of 10
3. Question
Consider the following statements
- No person who has held office as a Judge of the Supreme Court shall plead in any court except the High Court and Supreme Court within India.
- When the Chief Justice of India is unable to perform the duties of his office, the duties of the office shall be performed by the next senior mot Judge of the Supreme Court.
Which of the statements given above is/are correct?
Correct
Solution (d)
No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.
Hence Statement 1 is incorrect.
When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.
Hence Statement 2 is incorrect.
Incorrect
Solution (d)
No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.
Hence Statement 1 is incorrect.
When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.
Hence Statement 2 is incorrect.
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Question 4 of 10
4. Question
Consider the following statements:
- When there is a lack of quorum of the permanent judges to hold or continue any session of the Supreme Court, President designates a judge of a High Court as an ad hoc judge of the Supreme Court for a temporary period
- The Chief Justice of India with previous consent of the President can request a retired Judge of Supreme Court to act as a Judge of the Supreme Court for a temporary period.
Which of the statements given above is/are NOT correct?
Correct
Solution (a)
When there is a lack of quorum of the permanent judges to hold or continue any session of the Supreme Court, the Chief Justice of India can designate a judge of a High Court as an ad hoc judge of the Supreme Court for a temporary period. He can do so only after consultation with the chief justice of the High Court concerned
Hence Statement 1 is incorrect.
The Chief Justice of India with previous consent of the President can request a retired Judge of Supreme Court to act as a Judge of the Supreme Court for a temporary period.
Hence Statement 2 is correct.
Incorrect
Solution (a)
When there is a lack of quorum of the permanent judges to hold or continue any session of the Supreme Court, the Chief Justice of India can designate a judge of a High Court as an ad hoc judge of the Supreme Court for a temporary period. He can do so only after consultation with the chief justice of the High Court concerned
Hence Statement 1 is incorrect.
The Chief Justice of India with previous consent of the President can request a retired Judge of Supreme Court to act as a Judge of the Supreme Court for a temporary period.
Hence Statement 2 is correct.
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Question 5 of 10
5. Question
Consider the following statements:
- Constitution authorises that the Parliament by Law (with the prior approval of the President) to appoint other place or places aaas seat of the Supreme Court.
- An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, in case of criminal matters but not Civil matters.
Which of the statements given above is/are correct?
Correct
Solution (d)
The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.
Hence Statement 1 is incorrect.
An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding.
Hence Statement 2 is incorrect.
Incorrect
Solution (d)
The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.
Hence Statement 1 is incorrect.
An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding.
Hence Statement 2 is incorrect.
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Question 6 of 10
6. Question
Consider the following statements:
- The laws made by Parliament on the state subjects during a National Emergency become inoperative six months after the emergency has ceased to operate.
- During national emergency the legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament.
Which of the statements given above is/are correct?
Correct
Solution (c)
The laws made by Parliament on the state subjects during a National Emergency become inoperative six months after the emergency has ceased to operate.
Hence Statement 1 is correct.
The legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament. Thus, the normal distribution of the legislative powers between the Centre and states is suspended, though the state Legislatures are not suspended.
Hence Statement 2 is correct.
Incorrect
Solution (c)
The laws made by Parliament on the state subjects during a National Emergency become inoperative six months after the emergency has ceased to operate.
Hence Statement 1 is correct.
The legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament. Thus, the normal distribution of the legislative powers between the Centre and states is suspended, though the state Legislatures are not suspended.
Hence Statement 2 is correct.
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Question 7 of 10
7. Question
Article 358 and 359 describes the effect of National emergency on Fundamental Rights. With regard to this, which of the following statements is INCORRECT?
Correct
Solution (b)
Article 358 deals with the suspension of the Fundamental Rights guaranteed by Article 19, while Article 359 deals with the suspension of other Fundamental Rights (except those guaranteed by Articles 20 and 21).
Hence Statement 1 is correct.
Article 358 automatically suspends the fundamental rights under Article 19 as soon as the emergency is declared. On the other hand, Article 359 does not automatically suspend any Fundamental Right. It only empowers the president to suspend the enforcement of the specified Fundamental Rights.
Hence Statement 2 is incorrect.
No remedy lies for anything done during the Emergency even after the Emergency expires. This means that the legislative and executive actions taken during the emergency cannot be challenged even after the Emergency ceases to operate.
Hence Statement 3 is correct.
Article 358 operates only in case of External Emergency, whereas Article 359 operates in case of both External Emergency as well as Internal Emergency.
Hence Statement 4 is correct.
Incorrect
Solution (b)
Article 358 deals with the suspension of the Fundamental Rights guaranteed by Article 19, while Article 359 deals with the suspension of other Fundamental Rights (except those guaranteed by Articles 20 and 21).
Hence Statement 1 is correct.
Article 358 automatically suspends the fundamental rights under Article 19 as soon as the emergency is declared. On the other hand, Article 359 does not automatically suspend any Fundamental Right. It only empowers the president to suspend the enforcement of the specified Fundamental Rights.
Hence Statement 2 is incorrect.
No remedy lies for anything done during the Emergency even after the Emergency expires. This means that the legislative and executive actions taken during the emergency cannot be challenged even after the Emergency ceases to operate.
Hence Statement 3 is correct.
Article 358 operates only in case of External Emergency, whereas Article 359 operates in case of both External Emergency as well as Internal Emergency.
Hence Statement 4 is correct.
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Question 8 of 10
8. Question
Consider the following statements:
- A Judge of the Supreme Court can resign his/her office by writing to the President.
- Supreme Court protects the Constitution from any unconstitutional amendments passed by the parliament, by exercising the power of judicial review.
Which of the above statements is/are correct?
Correct
Solution (c)
A Judge of the Supreme Court can resign his/her office by writing to the President.
Supreme Court protects the Constitution from any unconstitutional amendments passed by the parliament, by exercising the power of judicial review.
Incorrect
Solution (c)
A Judge of the Supreme Court can resign his/her office by writing to the President.
Supreme Court protects the Constitution from any unconstitutional amendments passed by the parliament, by exercising the power of judicial review.
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Question 9 of 10
9. Question
Consider the following statements:
- The High Court can issue writs to any person, authority and government only within its territorial jurisdiction.
- The writ jurisdiction of the High Court under Article 32 is not exclusive but concurrent with the writ jurisdiction of the Supreme Court under Article 226.
Which of the statements given above is/are INCORRECT?
Correct
Solution (c)
The high court can issue writs to any person, authority and government not only within its territorial jurisdiction but also outside its territorial jurisdiction if the cause of action arises within its territorial jurisdiction.
Hence Statement 1 is incorrect.
The writ jurisdiction of the high court (under Article 226) is not exclusive but concurrent with the writ jurisdiction of the Supreme Court (under Article 32). It means, when the fundamental rights of a citizen are violated, the aggrieved party has the option of moving either the high court or the Supreme Court directly.
Hence Statement 2 is incorrect.
Incorrect
Solution (c)
The high court can issue writs to any person, authority and government not only within its territorial jurisdiction but also outside its territorial jurisdiction if the cause of action arises within its territorial jurisdiction.
Hence Statement 1 is incorrect.
The writ jurisdiction of the high court (under Article 226) is not exclusive but concurrent with the writ jurisdiction of the Supreme Court (under Article 32). It means, when the fundamental rights of a citizen are violated, the aggrieved party has the option of moving either the high court or the Supreme Court directly.
Hence Statement 2 is incorrect.
-
Question 10 of 10
10. Question
Which of the following provisions safeguard the autonomy of the Supreme Court of India?
- The President of India appoints the Supreme Court Judges in consultation with the Parliament.
- The Judges of the Supreme Court hold their office during the pleasure of the President.
- The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote.
Select the correct answer from the code given below:
Correct
Solution (c)
While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.
Hence Statement 1 is incorrect.
The judges of the Supreme Court can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution. This means that they do not hold their office during the pleasure of the President, though they are appointed by him.
Hence Statement 2 is incorrect.
The salaries, allowances and pensions of the judges and the staff as well as all the administrative expenses of the Supreme Court are charged on the Consolidated Fund of India. Thus, they are non-votable by the Parliament.
Hence Statement 3 is correct.
Incorrect
Solution (c)
While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.
Hence Statement 1 is incorrect.
The judges of the Supreme Court can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution. This means that they do not hold their office during the pleasure of the President, though they are appointed by him.
Hence Statement 2 is incorrect.
The salaries, allowances and pensions of the judges and the staff as well as all the administrative expenses of the Supreme Court are charged on the Consolidated Fund of India. Thus, they are non-votable by the Parliament.
Hence Statement 3 is correct.
