Important Constitution MCQs - PYQ Series: Judiciary Special

Q1. The writ of Certiorari can be issued against:

(a) A person exercising purely administrative powers

(b) Against a Minister

(d) None of the above

Ans.: (c)

Explanation:

The literal meaning of certiorari is 'to be certified.'

The main object of this writ is to keep inferior courts, judicial and quasi-judicial authorities within their limits of jurisdiction and if they act in excess of their jurisdiction, their decision will be quashed by the High Court or Supreme Court by issuing a writ of certiorari.

The Writ of Certiorari has to be distinguished from the Writ of Prohibition. Prohibition is a writ issued by a higher court to a lower court or administrative body, ordering it to stop proceedings in a particular case.

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Q2. Writ of Quo Warranto is related to:

(a) Illegal detention of a person

(b) Want of Jurisdiction of a court

(d) None of the above

Ans.: (c)

Explanation:

The literal meaning of ‘quo-warranto’ is ‘by what authority or warrant’.

It is issued by the court against the person who usurps a public office. The writ can be issued to enquire into the legality of the usurpation of public office by such a person. It can be issued if the court finds that a person is holding office but is not entitled to hold that office.

The grounds on which this writ can be issued are that the public office is created by statute or Constitution of India and the person is to be appointed by the statute.

However, this writ cannot be issued against a Ministerial office or private office.

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Q3. Petition to the Supreme Court under Article 32 are subject to the rule of res judicata, except:

(a) Quo warranto

(b) Habeas corpus

(d) Prohibition

Ans.: (b)
Explanation:

The literal meaning of habeas corpus is ‘You shall have the body.’

In Gulam Sarvar vs. UOl, AIR 1967 SC 1335, it was held that the rule of res judicata is not applicable in the writ of habeas corpus, and where the petitioner has been refused a writ from the High Court, he may file a writ petition for the same under Article 32.

The writ of habeas corpus can be issued against both public authorities as well as private individuals.

The Additional District Magistrate Jabalpur v. Shivakant Shukla also known as the Habeas Corpus (ADM Jabalpur) case of 1976, is a landmark judgment in Indian legal history related to this writ. Justice Khanna gave a dissenting opinion in this case highlighting the importance of upholding personal liberty.

A Warrant issued under section 97 CrPC 1973 also performs a similar role as that of the writ of habeas corpus.

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Q4. In which of the following landmark judgments, right to privacy has been declared as a fundamental right?

(a) Shreya Ghoshal vs. State of U.P.

(b) Justice K.S. Puttaswamy (Retd.) vs. Union of India

(d) Kharak Singh vs. State of U.P.

Ans.: (b)

Explanation:

Justice K.S. Puttaswamy (Retd.) vs. Union of India AIR 2017 SC 4161, ruling is the outcome of the petition challenging the validity of the Aadhaar scheme.

A Nine Judge Bench headed by Justice J.S. Khehar pronounced a unanimous judgment of 547 pages and declared the right to privacy as a Fundamental Right.

M.P. Sharma’s case (1958) and Kharak Singh’s case (1961) were overruled by this case. Both these cases said that the right to privacy is not protected under the Indian Constitution,

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Q5. Right to freedom of religion cannot be restricted on the grounds of:

(a) Morality

(b) Health

(d) Public order

Ans.: (c)

Explanation:
The freedom of religion guaranteed by Article 25 is subject to public order, morality, and health. Here, the security of the state is not a ground for any such restriction.

Fundamental Rights related to religion are covered from Article 25 to Article 28 under the Indian Constitution.

Ismail Faruqi vs. Union of India AIR 1995 SC 605 is a landmark case on Freedom of Religion

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Q6. What is maximum age for retirement of President?

(a) 65 Years

(b) 70 Years

(d) None of the above

Ans.: (d)

Explanation:
Qualifications for President of India as per Article 58:
i Citizen of India
ii Completed Thirty-five years of age and
iii Qualified for the election as a member of the Lok Sabha.
However, there is nothing as to the maximum age for the retirement of the President, in the Constitution.

Articles 54 and 55 deal with the Election of the President. President holds office for a period of 5 years from the date on which he enters his office.
Article 57 of the Constitution provides eligibility for the re-election of the President.

The President of India takes oath u/A 60 in the presence of the Chief Justice of India to preserve protect and defend the Constitution. Therefore, he can be impeached from his office for violation of the Constitution. Procedure for impeachment is provided under Article 61.

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Q7. Consider the following statements:

1. The President can commute death sentence to the life imprisonment.

2. The Governor cannot commute death sentence to life imprisonment.

3. The President's power to pardon extends to punishments or sentences by court marital.

Which one of the statement given above is/are correct?

(a) 2 only

(b) 1 and 3 only

(d) 2 and 3 only

Ans.: (b)

Explanation:

Article 72: the Pardoning powers of the President

Article 161: the Pardoning powers of the Governor

A Governor cannot exercise the pardoning powers in sentences or punishments given by Court Martial.

In August 2021, In the case of State of Haryana & Ors vs Raj Kumar @Bittu, The Supreme Court of India held that the Governor can exercise the pardoning power in case of death row convicts as well.

It was held in 'Sher Singh vs. State of Punjab', AIR 1983 SC 465 that mercy petitions filed under Articles 72 and 161 should be disposed of within a period of three months from the date when it is received, as unwanted delays tend to shake the confidence in the system of justice

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Q8. A petition challenging an election to the office of President of India has to be heard by a bench of a minimum of:

(a) 5 judges of SC

(b) 5 judges of HC

(d) 7 judges of SC

Ans.: (a)

Explanation: Article 71 г/w A 145(3) of Indian Constitution.

Article 71 states that the Supreme Court’s decision is final in case of any dispute regarding the election of a President or Vice President.

Article 145 (3) provides that for any substantial question of law as to the interpretation of the Constitution or its advisory jurisdiction u/A 143, the minimum number of Judges shall be 5.

The president is elected by indirect elections by the Electoral College.
As given under Article 54 the electoral college consists of elected members of:

Lok Sabha and Rajya Sabha
Legislative Assemblies of the states (Legislative Councils have no role)
Legislative Assemblies of the Union Territories of Delhi and Puducherry
The election shall be held following the system of proportional representation through a single transferable vote by means of a secret ballot.

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Q9. 4. Which of the following is not true about the Attorney General of India?

I. He is the highest legal officer of the union government of India

II. He has the right of audience in all the courts in India

III. He has the voting right in the proceeding of the Parliament

IV. His term of the office and remuneration is decided by the President

V. One of the eligibility criteria for appointment as the attorney general of India is that the candidate must be qualified to be appointed as a judge of Supreme Court of India

(a) Only II

(b) Only III

(d) None of the above

(e) Only V

Ans.: (b)

Explanation:

According to Article 76(1), the President shall appoint a person who is qualified to be appointed a judge of the Supreme Court to be the Attorney-General of India.
He is the first law officer of India.
He has a right to an audience in all the courts in India.
He holds the office during the pleasure of the President.
The Attorney-General of India can take part in the proceedings of either House of Parliament, Joint Sitting, or any committee of the Parliament. However, he does not have the right to vote.
M.C. Setalvad was the first Attorney General of India and he served from 28 January 1950 to 1 March 1963.
R. Venkataramani is the current Attorney General of India

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Q10. By which Constitutional Amendment the number of Ministers have been limited to 15% of the total number of members of the Lower House?

(a) Ninetieth Amendment

(b) Ninety-first Amendment

(d) Ninety-third Amendment

Ans.: (b)

Explanation:
Article 75(1A) of the Indian Constitution was inserted by the 91st Amendment Act, 2003, S. 2 (w.e.f. 1-1-2004)
90th Amendment Act amended Article 332. (w.e.f 20-09-2003)
92nd Amendment Act amended the 8th Schedule and added 4 new languages: Bodo, Dogri, Maithili, and Santhali. It came into force on (7-01-2004)
93rd Amendment Act Amended Article 15 and added Clause 5. It came into force on (20-01-2006)

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