Lakshya Education MCQs

Question: Q. Which of the following is one of the important mechanisms of Judicial Activism?
Options:
A.Special Leave Petition
B.Public Interest Litigation
C.Advisory Jurisdiction
D.Writ petition
Answer: Option B
: B

Explanation:

The chief instrument through which judicial activism has flourished in India is Public Interest Litigation (PIL) or Social Action Litigation (SAL). In a normal course of law, an individual can approach the courts only if he/she has been personally aggrieved. That is to say, a person whose rights have been violated, or who is involved in a dispute,could move the court of law. This concept underwent a change around 1979. In 1979, the Court set the trend when it decided to hear a case where the case was filed not by the aggrieved persons but by others on their behalf. As this case involved a consideration of an issue of public interest, it and such other cases came to be known as public interest litigations. Around the same time, the Supreme Court also took up the case about the rights of prisoners. This opened the gates for large number of cases where public spirited citizens and voluntary organisations sought judicial intervention for protection of existing rights, betterment of life conditions of the poor,protection of the environment, and many other issues in the interest of the public. PIL has become the most important vehicle of judicial activism.

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Question 1. Q. Which of the following seeks to promote Social and Economic Democracy in India?
  1.    Fundamental Rights
  2.    Fundamental Duties
  3.    Directive Principles of State Policy
  4.    Preamble
Answer: Option C
: C

Explanation:

Articles 36-51 under Part-IV of Indian Constitution deal with Directive Principles of State Policy (DPSP). They are borrowed from the constitution of Ireland which had copied it from the Spanish Constitution.

They are an ‘instrument of instructions’ which are enumerated in Government of India Act, 1935.They seek to establish economic and social democracy in the country. DPSPs are ideals which are not legally enforceable by the courts for their violation.
Question 2. Q. Consider the following Statements with reference to powers of Lok Sabha and Rajya Sabha:

  1. Rajya Sabha can give power to Parliament for making laws on State subjects.

  2. While the Lok Sabha can introduce motions and resolutions, the Rajya Sabha cannot do so.

  3. The process for removal of Vice President can be initiated in Rajya Sabha only.


Which of the above given statements is/are incorrect?
  1.    2 and 3 only
  2.    1 and 3 only
  3.    2 only
  4.    None of the above
Answer: Option C
: C

Explanation:

Statement 1 is correct:


Statement 2 is Incorrect: Both the Houses of Parliament can exercise control over the executive by asking questions, introducing motion and resolutions.

Statement 3 is correct: The process for removal of the Vice President can be initiated in Rajya Sabha only. The Vice-President can be removed from office by a resolution of the Council of States (Rajya Sabha), passed by a majority of its members at that time and agreed to by the House of the People (Lok Sabha). A resolution for this purpose may be moved only after a notice of at least a minimum of 14 days has been given of such an intention.
Question 3. Q. Who was the Chairman of the National Commission to Review the Working of the Constitution?
  1.    Justice JS Verma
  2.    Justice Hidayatullah
  3.    Justice Venkatachaliah
  4.    Justice YS Chandrachud
Answer: Option C
: C

Explanation:

In the late nineties, efforts were made to review the entire Constitution. In the year 2000 a commission to review the working of the Constitution was appointed by the Government of India under the chairmanship of a retired Chief Justice of the SupremeCourt, Justice Venkatachaliah. Opposition Parties and many other organisations boycotted the commission. While a lot of political controversy surrounded the commission, the commission stuck to the theory of basic structure and did not suggest any measures that would endanger the basic structure of the Constitution.
Question 4. Q. Which of the following Constitutional Amendments limited the Size of the Council of Ministers?
  1.    52nd Amendment Act
  2.    44th Amendment Act
  3.    42nd Amendment Act
  4.    91st Amendment Act
Answer: Option D
: D

Explanation:

Before the 91st Amendment Act (2003), the size of the Council of Ministers was determined according to the exigencies of time and requirements of the situation. But this led to a very large size of the Council of Ministers. Besides, when no party had a clear majority, there was a temptation to win over the support of the members of the Parliament by giving them ministerial positions as there was no restriction on the number of the members of the Council of Ministers. This was happening in many States Also. Therefore, an amendment was made that the Council of Ministers shall not exceed 15 percent of total number of members of the House of the People (or Assembly, in the case of the States).
Question 5. Q. Consider the following Statements with reference to Union Executive:

  1. Even if a single minister loses confidence of the House, it leads to resignation of entire Council of Ministers

  2. It is obligatory upon the Prime Minister to communicate all decisions of the Council of Ministers, related to administrative Affairs of the Union, to the President.

  3. The Council of Ministers may continue to exist even after the death or resignation of the Prime Minister.


Which of the above given statements is/are incorrect?
  1.    3 only
  2.    1 and 3 only
  3.    2 only
  4.    1 and 2 only
Answer: Option A
: A

Explanation:

Statement 1 is correct: The Council of Ministers is collectively responsible to the LokSabha. This provision means that a Ministry which loses confidence in the Lok Sabha is obliged to resign. The principle indicates that the ministry is an executive committee of the Parliament and it collectively governs on behalf of the Parliament. Collective responsibility is based on the principle of the solidarity of the cabinet. It implies that even if a single minister loses confidence of the House, it leads to the resignation of the entire Council of Ministers.

Statement 2 is correct: The Prime Minister acts as a link between the Council of Ministers on the one hand and the President as well as the Parliament on the other. It is this role of the Prime Minister which led Pt. Nehru described him as ‘the linchpin of Government’.It is also the constitutional obligation of the Prime Minister to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation.

Statement 3 is incorrect: In India, the Prime Minister enjoys a pre-eminent place in the government. The Council of Ministers cannot exist without the Prime Minister. The Council comes into existence only after the Prime Minister has taken the oath of office.The death or resignation of the Prime Minister automatically brings about the dissolution of the Council of Ministers but the demise, dismissal or resignation of a minister only creates a ministerial vacancy.
Question 6. Q. In the context of Judiciary in India, what is meant by the term 'Independence of Judiciary '?

  1. That the other organs of the government should not interfere with the decision of the judiciary.

  2. Judges must be able to perform their functions without fear or favour.

  3. Other organs of the government like the executive and legislature must not restrain the functioning of the judiciary

  4. That the Judiciary is not accountable to the constitution for its decisions taken.


Select the correct answer, using the codes given below:
  1.    1, 2 and 3 only
  2.    2 and 3 only
  3.    2, 3 and 4 only
  4.    1, 2, 3 and 4
Answer: Option A
: A

Explanation:

Statement 1, 2 and 3 are correct :-Simply stated independence of judiciary means:
  • other organs of the government like the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice
  • The other organs of the government should not interfere with the decision of the judiciary.
  • Judges must be able to perform their functions without fear or favour.
Statement 4 is incorrect: Independence of the judiciary does not imply arbitrariness or absence of accountability. Judiciary is a part of the democratic political structure of the country. It is therefore accountable to the Constitution,to the democratic traditions and to the people of the country.

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