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Question 1 of 5
1. Question
2 points
Consider the following statement :
The legislature is involved in the process of appointment of judges.
The judges of the Supreme Court and the High Court have a security of tenure.
The Constitution provides that the salaries and allowances of the judges are not subject to the approval of the legislature.
How many of the above are correct with respect to the independence of the Judiciary?
Correct
Ans: B
Exp:
Statement 1 is incorrect: The Indian Constitution has ensured the independence of the judiciary through a number of measures. The legislature is not involved in the process of appointing judges. Thus, it was believed that party politics would not play a role in the process of making appointments.
Statement 2 is correct: The judges have a security of the tenure. They hold office till reaching the age of retirement (65 yr for the Supreme Court and 62 yr for the High Court). Only in exceptional cases, judges may be removed. But otherwise, they have security of tenure. Security of tenure ensures that judges can function without fear or favour.
Statement 3 is correct: The judiciary is not financially dependent on either the executive or the legislature. The Constitution provides that the salaries and allowances of the judges are not subject to the approval of the legislature.
Other measures to ensure the independence of the judiciary include:
The actions and decisions of the judges are immune from personal criticism.
The judiciary has the power to penalise those who are found guilty of the contempt of court.
Parliament cannot discuss the conduct of the judges except when the proceeding to remove a judge is being carried out.
Incorrect
Ans: B
Exp:
Statement 1 is incorrect: The Indian Constitution has ensured the independence of the judiciary through a number of measures. The legislature is not involved in the process of appointing judges. Thus, it was believed that party politics would not play a role in the process of making appointments.
Statement 2 is correct: The judges have a security of the tenure. They hold office till reaching the age of retirement (65 yr for the Supreme Court and 62 yr for the High Court). Only in exceptional cases, judges may be removed. But otherwise, they have security of tenure. Security of tenure ensures that judges can function without fear or favour.
Statement 3 is correct: The judiciary is not financially dependent on either the executive or the legislature. The Constitution provides that the salaries and allowances of the judges are not subject to the approval of the legislature.
Other measures to ensure the independence of the judiciary include:
The actions and decisions of the judges are immune from personal criticism.
The judiciary has the power to penalise those who are found guilty of the contempt of court.
Parliament cannot discuss the conduct of the judges except when the proceeding to remove a judge is being carried out.
Question 2 of 5
2. Question
2 points
Which one of the following best describes the “Harm Principle” of Mill?
Correct
Ans: C
Exp:
Option a is incorrect: The Harm principle is a basic premise of liberalism. John Stuart Mill was the first to propose it. The principle asserts that people should be allowed to act however they want as long as their actions do not cause harm to others. It is a principle concerning personal liberty and government action (not citizenship).
Option b and d are incorrect: The Harm Principle of John Stuart Mill states that actions are permitted so long as they do not harm someone else. Mill distinguishes between ‘self-regarding’ actions, i.e., those actions that have consequences only for the individual and nobody else, and ‘other regarding’ actions, i.e., those actions that also have consequences for others. The state has no business interfering in actions or choices that affect only one’s self-regarding actions. In contrast, with respect to actions that have consequences for others, actions that may cause harm to them, the state can interfere. There is no issue with actions that are harmful to the individuals themselves. Example- If one wants to drink to excess, one should be free to do so. But if one gets behind the wheel of a car while under the influence, then there’s good reason for the government to get involved.
Option c is correct: The principle is often to discuss about the limitations of state power. Constraining actions by the force of law should only happen when one’s actions cause serious harm to other individuals. Whereas, social disapproval should be invoked for minor harm. Otherwise, society must bear the inconvenience in the spirit of protecting freedom.
Incorrect
Ans: C
Exp:
Option a is incorrect: The Harm principle is a basic premise of liberalism. John Stuart Mill was the first to propose it. The principle asserts that people should be allowed to act however they want as long as their actions do not cause harm to others. It is a principle concerning personal liberty and government action (not citizenship).
Option b and d are incorrect: The Harm Principle of John Stuart Mill states that actions are permitted so long as they do not harm someone else. Mill distinguishes between ‘self-regarding’ actions, i.e., those actions that have consequences only for the individual and nobody else, and ‘other regarding’ actions, i.e., those actions that also have consequences for others. The state has no business interfering in actions or choices that affect only one’s self-regarding actions. In contrast, with respect to actions that have consequences for others, actions that may cause harm to them, the state can interfere. There is no issue with actions that are harmful to the individuals themselves. Example- If one wants to drink to excess, one should be free to do so. But if one gets behind the wheel of a car while under the influence, then there’s good reason for the government to get involved.
Option c is correct: The principle is often to discuss about the limitations of state power. Constraining actions by the force of law should only happen when one’s actions cause serious harm to other individuals. Whereas, social disapproval should be invoked for minor harm. Otherwise, society must bear the inconvenience in the spirit of protecting freedom.
Question 3 of 5
3. Question
2 points
Which one of the following statements is correct regarding Marxism?
Correct
Ans: A
Exp:
Marxism was an important political ideology that argued that the root cause of entrenched inequality was private ownership of important economic resources such as oil, land, or forests, as well as other forms of property. It pointed out that such private ownership did not only make the owners wealthy, it also gave them political power. Such power enables them to influence state policies and laws, and this could prove a threat to democratic government. Marxists and socialists feel that economic inequality provides support for other forms of social inequality, such as differences of rank or privilege. Therefore, to tackle inequality in society, we need to go beyond providing equal opportunities and try to ensure public control over essential resources and forms of property.
Liberalism upholds the principle of free and fair competition as the most efficient and fair way of distributing resources and rewards in society.
Incorrect
Ans: A
Exp:
Marxism was an important political ideology that argued that the root cause of entrenched inequality was private ownership of important economic resources such as oil, land, or forests, as well as other forms of property. It pointed out that such private ownership did not only make the owners wealthy, it also gave them political power. Such power enables them to influence state policies and laws, and this could prove a threat to democratic government. Marxists and socialists feel that economic inequality provides support for other forms of social inequality, such as differences of rank or privilege. Therefore, to tackle inequality in society, we need to go beyond providing equal opportunities and try to ensure public control over essential resources and forms of property.
Liberalism upholds the principle of free and fair competition as the most efficient and fair way of distributing resources and rewards in society.
Question 4 of 5
4. Question
2 points
Consider the following:
Settlement of the disputes between the Union and States and among the States.
Lower court’s appeals in civil, criminal, and constitutional disputes.
A dispute regarding elections to either House of Parliament or the Legislature of a State.
How many of the above fall under the original jurisdiction of the Supreme Court?
Correct
Ans: A
Exp:
Original jurisdiction: Certain cases are exclusively within the Supreme Court’s jurisdiction. This means that all such cases begin or originate solely with the Supreme Court. This also means that similar cases cannot be filed in any other court. The following are the instances or disputes that fall under the original jurisdiction:
Disputes between the Government of India on the one side and one or more States on the other side.
Disputes between the Government of India and one or more States on one side and one or more States on the other side.
Disputes between two or more states
Incorrect
Ans: A
Exp:
Original jurisdiction: Certain cases are exclusively within the Supreme Court’s jurisdiction. This means that all such cases begin or originate solely with the Supreme Court. This also means that similar cases cannot be filed in any other court. The following are the instances or disputes that fall under the original jurisdiction:
Disputes between the Government of India on the one side and one or more States on the other side.
Disputes between the Government of India and one or more States on one side and one or more States on the other side.
Disputes between two or more states
Question 5 of 5
5. Question
2 points
In the context of the Indian polity, ‘Judicial Review’ implies that
The power of the judiciary to question the wisdom of the laws enacted by the legislature.
The power of the judiciary to review all legislative enactments before they are assented to by the President
The power of the judiciary to examine the constitutionality of any law.
Select the correct answer using the code given below.
Correct
Ans: D
Exp:
Option D is correct: The most important power of the Supreme Court is the power of judicial review. Judicial Review means the power of the Supreme Court (or High Courts) to examine the constitutionality of any law. If the Court arrives at the conclusion that the law is inconsistent with the provisions of the Constitution, such a law is declared unconstitutional and inapplicable. The term judicial review is nowhere mentioned in the Constitution. As per article 13 (2) the union or state shall not make any law in contravention of a fundamental right. The fact that India has a written constitution and the Supreme Court can strike down a law that goes against fundamental rights, implicitly gives the Supreme Court the power of judicial review.
Judicial Reviewdoes not cover the power of the judiciary to question the wisdom of the laws enacted by the legislature. Also, it does not cover the power of the judiciary to review the legislative enactments before they are assented to by the President.
Incorrect
Ans: D
Exp:
Option D is correct: The most important power of the Supreme Court is the power of judicial review. Judicial Review means the power of the Supreme Court (or High Courts) to examine the constitutionality of any law. If the Court arrives at the conclusion that the law is inconsistent with the provisions of the Constitution, such a law is declared unconstitutional and inapplicable. The term judicial review is nowhere mentioned in the Constitution. As per article 13 (2) the union or state shall not make any law in contravention of a fundamental right. The fact that India has a written constitution and the Supreme Court can strike down a law that goes against fundamental rights, implicitly gives the Supreme Court the power of judicial review.
Judicial Reviewdoes not cover the power of the judiciary to question the wisdom of the laws enacted by the legislature. Also, it does not cover the power of the judiciary to review the legislative enactments before they are assented to by the President.
Comprehensive coverage with a concise format Integration of PYQ within the booklet Designed as per recent trends of Prelims questions हिंदी में भी उपलब्ध
Quick Revise Now ! UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format Integration of PYQ within the booklet Designed as per recent trends of Prelims questions हिंदी में भी उपलब्ध
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