Who among the following headed the nine-judge constitutional bench that declared the right to privacy as a fundamental right?
- A.JS Khehar
- B.Dipak Misra
- C.HJ Kania
- D.TS Thakur
Correct answer
A. JS Khehar
Explanation
The correct answer is A, JS Khehar. Justice Jagdish Singh Khehar was the Chief Justice of India when the nine-judge bench delivered its verdict in Justice K.S. Puttaswamy v. Union of India on 24 August 2017, and he presided over it. The bench held unanimously that privacy is a fundamental right, protected mainly as part of the right to life and personal liberty under Article 21 and by the freedoms in Part III. It overruled the older rulings in M.P. Sharma (1954) and Kharak Singh (1962), which had said the Constitution gives no such right. The case grew out of a challenge to the Aadhaar scheme. Justice Khehar was also the first Sikh Chief Justice of India. Option B is wrong because Dipak Misra became Chief Justice a week later, and led the benches on Section 377 and adultery. Option C is wrong because H.J. Kania was India's first Chief Justice, in 1950. Option D is wrong because T.S. Thakur retired as Chief Justice in January 2017. Exam tip: Puttaswamy 2017, nine judges, Article 21, CJI Khehar.
Practice Questions
View allWho appoints the Chief Justice of India?
- A.Judges of Supreme Court and High Court
- B.PM of India
- C.President of India in consultation with senior judges of Supreme Court and High Court
- D.President of India in consultation with senior judges of Supreme Court
Show answer
Correct answer: C. President of India in consultation with senior judges of Supreme Court and High Court
Explanation
The correct answer is C, President of India in consultation with senior judges of Supreme Court and High Court. Article 124(2) says the President appoints every judge of the Supreme Court after consulting such judges of the Supreme Court and of the High Courts as he thinks necessary, and that for a judge other than the Chief Justice the Chief Justice of India must always be consulted. In practice the collegium system now decides the name: the outgoing Chief Justice recommends the senior-most judge of the Supreme Court, and the Law Ministry places the recommendation before the President, who signs the warrant of appointment. Option A is wrong because judges only recommend; they do not appoint. Option B is wrong because the Prime Minister has no such power of his own. Option D is wrong because it leaves out the High Court judges whom Article 124(2) names. Exam tip: Article 124 covers the appointment of Supreme Court judges - the collegium recommends, the President appoints.
How many members of the Rajya Sabha can be nominated by the President of India?
- A.12 members
- B.10 members
- C.14 members
- D.16 members
Show answer
Correct answer: A. 12 members
Explanation
The correct answer is A, 12 members. Article 80 of the Constitution lets the President nominate twelve members to the Rajya Sabha from people with special knowledge or practical experience in literature, science, art and social service. The maximum strength of the House is 250, of whom 238 are elected by the elected members of the State and Union Territory legislatures and 12 are nominated. A nominated member takes part in every proceeding of the House and may join a political party within six months of taking a seat, but does not vote in the election of the President. Option B is wrong because ten is not the figure for either House. Option C is wrong because 14 matches no provision. Option D is wrong because no article allows 16 nominations. Exam tip: Article 80 gives 12 nominated members in the Rajya Sabha; the Lok Sabha has had no nominated members since the 104th Amendment ended the two Anglo-Indian seats.
Which of the following provisions of the Indian constitution is borrowed from the constitution of Canada?
- A.Independence of judiciary
- B.Concept of Republic
- C.Advisory jurisdiction of the Supreme court
- D.Concept of concurrent list
Show answer
Correct answer: C. Advisory jurisdiction of the Supreme court
Explanation
The correct answer is C, Advisory jurisdiction of the Supreme Court. Article 143 lets the President ask the Supreme Court for its opinion on a question of law or fact, and this power was modelled on the Canadian Constitution. From Canada the makers also took a federation with a strong Centre, the vesting of residuary powers in the Union, the appointment of State Governors by the Centre and the very name Union of India. Option A is wrong because the independence of the judiciary, along with judicial review and the rule of law, comes from the British and American models. Option B is wrong because the idea of a Republic, with an elected head of State, was taken from France. Option D is wrong because the Concurrent List, the freedom of trade and commerce and the joint sitting of the two Houses come from Australia. Exam tip: Canada - strong Centre, residuary powers, advisory jurisdiction; Australia - Concurrent List and joint sitting.
What is the role of the Subordinate Court?
- A.To consider cases of civil and criminal nature
- B.To issue writs for restoring Fundamental Rights
- C.To consider appeals on decisions given by lower courts
- D.To move cases from any court to itself
Show answer
Correct answer: A. To consider cases of civil and criminal nature
Explanation
The correct answer is A, To consider cases of civil and criminal nature. Subordinate courts are the courts at the district level and below, and they hear civil and criminal cases as courts of first instance.
The Indian judiciary is a single pyramid. The Supreme Court stands at the top, a High Court in each state comes next, and below it are the subordinate courts, which work under the control of that High Court. On the civil side the District Judge is the highest, and below come the courts of the Civil Judge; on the criminal side the Sessions Judge is the highest, with Judicial Magistrates below. Articles 233 to 237 deal with these courts, and the Governor appoints district judges in consultation with the High Court.
Option B is wrong because writs are issued by the Supreme Court under Article 32 and by High Courts under Article 226. Option C is wrong because hearing appeals from lower courts is mainly the work of the High Court. Option D is wrong because transferring cases is a power of the higher courts.
Exam tip: District and Sessions Courts are subordinate courts; writs belong only to the Supreme Court and the High Courts.
By which article of the Indian Constitution the State Council of Ministers is collectively responsible to State Legislature for its functions?
- A.Article 164
- B.Article 154(2)
- C.Article 161(2)
- D.Article 151(1)
Show answer
Correct answer: A. Article 164
Explanation
The correct answer is A, Article 164. Clause (2) of Article 164 says that the Council of Ministers shall be collectively responsible to the Legislative Assembly of the State, which is the rule of collective responsibility in a parliamentary system: the ministry stays in office only while it holds the confidence of the elected house, and a no-confidence motion removes the whole ministry, not one minister. The same Article also provides that the Governor appoints the Chief Minister and, on the Chief Minister's advice, the other ministers, and that a minister who is not a member of the legislature for six consecutive months ceases to hold office. Option B is wrong because Article 154 vests the executive power of the State in the Governor. Option C is wrong because Article 161 gives the Governor the power to pardon, reprieve and remit sentences. Option D is wrong because Article 151 deals with the audit reports of the Comptroller and Auditor General. Exam tip: collective responsibility is Article 75(3) for the Union and Article 164(2) for a State.