Question 1

Under which Article of the Indian Constitution is the Supreme Court of India established?

Accepted Answer

Article 124 of the Indian Constitution provides for the establishment and constitution of the Supreme Court of India. It defines the composition, appointment, and tenure of Supreme Court judges.

Question 2

Under Article 32 of the Indian Constitution, which of the following is NOT a writ that can be issued by the Supreme Court?

Accepted Answer

Article 32 empowers the Supreme Court to issue five types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. These are remedies for enforcement of fundamental rights. 'Injunction' is a civil remedy under the Indian Contract Act, not a constitutional writ.

Question 3

Which Article of the Indian Constitution provides for the establishment of High Courts?

Accepted Answer

Article 214 of the Indian Constitution provides for the establishment of a High Court for each state. It states: 'There shall be a High Court for each State.' High Courts are established by Parliament, and their jurisdiction, powers, and composition are defined in Articles 215–229.

Question 4

How many High Courts are there in India as per the current constitutional framework?

Accepted Answer

As of 2024, there are 25 High Courts in India. These include High Courts in states like Delhi, Mumbai, Kolkata, Chennai, and union territories. The number can change if new High Courts are established by Parliament under Article 214 of the Constitution.

Question 5

Which of the following statements about the jurisdiction of High Courts is CORRECT?

Accepted Answer

High Courts have both original and appellate jurisdiction. Under Article 226 of the Constitution, High Courts can issue writs for enforcement of fundamental rights and other legal rights. High Courts also have appellate jurisdiction over decisions of lower courts and district courts.

Question 6

Which Article of the Indian Constitution deals with the establishment and jurisdiction of High Courts?

Accepted Answer

Article 214 of the Indian Constitution provides for the establishment of a High Court for each state. Article 215 declares High Courts as courts of record. Articles 216-229 detail the composition, appointment, and jurisdiction of High Courts.

Question 7

How many High Courts are there in India as per the current constitutional structure?

Accepted Answer

As of 2024, there are 25 High Courts in India. These include High Courts in states like Delhi, Mumbai, Kolkata, Chennai, and others. The number can change if new High Courts are established by Parliament under Article 214 of the Constitution.

Question 8

Which landmark Supreme Court judgment expanded the interpretation of Article 21 (Right to Life) to include the right to a clean and healthy environment?

Accepted Answer

The Supreme Court of India has interpreted Article 21 expansively through various landmark judgments. The case of Subhash Kumar v. State of Bihar (1991) and subsequent cases like MC Mehta v. Union of India established that the right to life includes the right to a clean and healthy environment. This expansion demonstrates the 'living Constitution' doctrine.

Question 9

Under Article 226 of the Indian Constitution, which court has the power to issue writs of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto?

Accepted Answer

Article 226 grants High Courts the power to issue writs for the enforcement of fundamental rights and for any other purpose. These writs are crucial remedies available to citizens. Article 32 grants similar powers to the Supreme Court, but Article 226 specifically empowers High Courts in their respective jurisdictions.

Question 10

Under which Article of the Indian Constitution is the jurisdiction of the Supreme Court to issue writs for the enforcement of Fundamental Rights enshrined?

Accepted Answer

Article 32 of the Indian Constitution grants the Supreme Court the power to issue writs (habeas corpus, mandamus, prohibition, quo warranto, and certiorari) for the enforcement of Fundamental Rights. Dr. B.R. Ambedkar called Article 32 the 'heart and soul of the Constitution'. High Courts have similar power under Article 226, but their scope is broader as it covers non-Fundamental Rights matters too.

Question 11

The power of the Supreme Court to issue writs for the enforcement of Fundamental Rights and for any other purpose is granted under which Article of the Indian Constitution?

Accepted Answer

Article 32 of the Indian Constitution grants the Supreme Court the power to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto) for the enforcement of fundamental rights and for any other purpose. This Article is itself considered a fundamental right and is often called the 'heart and soul' of the Constitution by Dr. B.R. Ambedkar.

Question 12

Which Article of the Indian Constitution guarantees the Right to Life and Personal Liberty, and has been interpreted by the Supreme Court to include the right to live with human dignity?

Accepted Answer

Article 21 of the Indian Constitution states: 'No person shall be deprived of his life or personal liberty except according to procedure established by law.' The Supreme Court has expanded this interpretation to include various rights such as right to health, education, and living with dignity through landmark judgments.

Question 13

Which article of the Indian Constitution defines the term 'State' for the purpose of applying Fundamental Rights?

Accepted Answer

Article 12 of the Indian Constitution defines 'State' for the purpose of Part III (Fundamental Rights). According to Article 12, 'State' includes the Government and Parliament of India, the Government and Legislature of each State, and all local authorities and other authorities within the territory of India or under the control of the Government of India. This broad definition ensures that Fundamental Rights apply not only to the central and state governments but also to local bodies and statutory authorities.

Question 14

Under Article 226 of the Indian Constitution, which courts have the power to issue writs for enforcement of rights and for any other purpose?

Accepted Answer

Article 226 grants High Courts the power to issue writs (Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari) not only for enforcement of Fundamental Rights but also for enforcement of any legal right and for any other purpose. This makes High Court jurisdiction broader than the Supreme Court's Article 32 jurisdiction.

Question 15

Which Article of the Indian Constitution grants the right to constitutional remedies and empowers the Supreme Court to issue writs for enforcement of Fundamental Rights?

Accepted Answer

Article 32 of the Indian Constitution is the constitutional remedy provision that empowers the Supreme Court to issue writs (Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari) for the enforcement of Fundamental Rights. It is often called the 'heart and soul' of the Constitution by Dr. B.R. Ambedkar.

Question 16

The 42nd Amendment to the Indian Constitution, passed in 1976, is often referred to as the 'Mini Constitution' because it made several significant changes. Which of the following was NOT a change introduced by the 42nd Amendment?

Accepted Answer

The 42nd Amendment (1976) made major changes including: (1) adding 'Socialist' and 'Secular' to the Preamble, (2) adding Fundamental Duties (Article 51A), (3) reducing the term of Lok Sabha from 5 to 6 years (later reverted by 44th Amendment), and (4) restricting the power of courts to question constitutional amendments. However, the 44th Amendment (1978) reverted the Lok Sabha term back to 5 years and also restricted the scope of emergency powers. The addition of 'Fundamental Rights' as a concept was not introduced by the 42nd Amendment—Fundamental Rights existed since the original Constitution (1950).

Question 17

Which of the following statements about the jurisdiction of High Courts in India is CORRECT?

Accepted Answer

High Courts in India have original, appellate, and advisory jurisdiction. They can hear cases involving constitutional matters, issue writs, and hear appeals from lower courts. The jurisdiction of a High Court extends to the state or union territory for which it is established.

Question 18

Under Article 131 of the Indian Constitution, which court has exclusive original jurisdiction to hear disputes between the Union and States or between States themselves?

Accepted Answer

Article 131 vests the Supreme Court with exclusive original jurisdiction over disputes between the Union and States or between two or more States, without requiring the case to go through lower courts first.

Question 19

In the landmark case Kesavananda Bharati v. State of Kerala (1973), the Supreme Court established the doctrine of 'Basic Structure' of the Constitution. Which of the following is NOT considered part of the Basic Structure according to this judgment?

Accepted Answer

The Kesavananda Bharati case (1973) established that while Parliament can amend the Constitution, it cannot alter the 'Basic Structure' of the Constitution. The Basic Structure includes: sovereignty, democracy, secularism, federalism, separation of powers, judicial review, rule of law, and fundamental rights. However, specific provisions like the number of seats in Parliament, specific tax rates, or procedural rules are NOT part of the Basic Structure and can be amended.

Question 20

Under Article 226 of the Indian Constitution, which of the following statements is INCORRECT regarding the writ jurisdiction of High Courts?

Accepted Answer

Article 226 grants High Courts the power to issue writs for enforcement of any legal right, not just fundamental rights. This is broader than Article 32 (Supreme Court). However, Article 226 writs cannot be issued against the President or Governor in their official capacity without following specific procedures. High Courts can issue writs against any person, authority, or body exercising statutory or public functions.

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