Q40. In the context of the judiciary, what is the meaning of the writ “certiorari”?
[MPPSC Assistant Professor (Political Science), 4 August 2024]
(A) Take necessary action
(B) Close the investigation
(C) To be certified or informed
(D) Let us have the body
Answer: (C) To be certified or informed
Explanation: Certiorari literally conveys the idea of being informed or certified. The writ enables a higher court to review and quash an order of a subordinate court or tribunal where jurisdictional error or another legally recognised defect is established.
Q39. India borrowed the constitutional feature of judicial review principally from which country?
[SSC CHSL Tier-I, 9 July 2024, Shift 1]
(A) The United States
(B) Canada
(C) Ireland
(D) South Africa
Answer: (A) The United States
Explanation: The American system was an important influence on India’s judicial review arrangements. Under the Indian Constitution, superior courts evaluate legislative and executive action against constitutional provisions, thereby protecting rights and reinforcing the supremacy of the Constitution.
Q38. A writ of prohibition is issued by the Supreme Court or High Court to:
[UPSC CSE Preliminary Examination, 2024]
(A) Prevent a government officer from taking any particular action
(B) Direct a legislature to enact prohibition laws
(C) Prevent a lower court from continuing proceedings beyond its jurisdiction
(D) Prevent government from following every disputed policy
Answer: (C) Prevent a lower court from continuing proceedings beyond its jurisdiction
Explanation: Prohibition is a preventive writ directed by a superior court to a subordinate judicial or quasi-judicial body. It stops proceedings undertaken without, or in excess of, jurisdiction. Unlike certiorari, it generally acts before the impugned proceedings conclude.
Q37. Under judicial review, which type of law may a court strike down?
[SSC GD Constable, 26 February 2024, Shift 2]
(A) A law merely passed by Parliament
(B) A law violating fundamental rights
(C) Any law supported by a two-thirds State majority
(D) Any law approved by the President
Answer: (B) A law violating fundamental rights
Explanation: The passage of legislation by the appropriate body does not immunise it from constitutional challenge. A court can declare a law invalid when it violates fundamental rights or other constitutional restrictions, even when it has received formal assent.
Q36. Statement I: PIL has strengthened judicial protection of citizens’ rights.
Statement II: A Supreme Court case concerning undertrial prisoners became known as an early PIL.
Which is correct?
[EMRS TGT Social Science, 23 December 2023]
(A) Both statements are false
(B) I true, II false
(C) Both statements are true
(D) I false, II true
Answer: (C) Both statements are true
Explanation: Both statements reflect the evolution of PIL. Cases concerning undertrial prisoners, especially Hussainara Khatoon, highlighted how courts could respond to widespread injustice. Public-interest proceedings have since offered additional mechanisms for the protection of vulnerable communities.
Q35. The Indian Constitution borrowed the power of judicial review from which country?
[Delhi Police Constable, 2 December 2023, Shift 2]
(A) United Kingdom
(B) United States of America
(C) France
(D) Japan
Answer: (B) United States of America
Explanation: The United States influenced India’s constitutional design in matters including judicial review. Indian courts derive their authority from specific constitutional provisions, and they can test whether legislative and executive acts conform to fundamental rights and other constitutional limitations.
Q34. The Supreme Court judgment in Subhash Sharma v. Union of India (1991) is associated with which basic constitutional feature?
[UPSC CDS General Knowledge, 3 September 2023]
(A) Judicial Review
(B) Rule of Law
(C) Free and Fair Elections
(D) Fundamental Rights
Answer: (A) Judicial Review
Explanation: Subhash Sharma v. Union of India concerned judicial appointments and constitutional interpretation. The case stressed the central importance of judicial review within constitutional governance. Independent constitutional adjudication enables the courts to safeguard the basic structure against impermissible interference.
Q33. Which Article empowers the Supreme Court to review its own judgments or orders?
[SSC CGL Tier-I, 25 July 2023, Shift 3]
(A) Article 138
(B) Article 135
(C) Article 136
(D) Article 137
Answer: (D) Article 137
Explanation: Article 137 grants a limited review jurisdiction over the Supreme Court’s own judgments and orders. This corrective mechanism is not the same as the broader constitutional review of laws and executive decisions under provisions such as Articles 13, 32 and 226.
Q32. Which statements about judicial review are correct?
A: Courts may test legislative and governmental action against the Constitution.
B: Article 23 expressly introduces judicial review.
C: Supreme Court and High Courts exercise this power.
[SSC CGL Tier-I, 25 July 2023, Shift 1]
(A) A and B only
(B) B and C only
(C) A and C only
(D) A, B and C
Answer: (C) A and C only
Explanation: Statements A and C are accurate. Judicial review concerns constitutional scrutiny of government action by superior courts. Article 23 prohibits human trafficking and forced labour; it is not the constitutional provision expressly establishing the general judicial-review mechanism asserted in statement B.
Q31. In the Indian judicial system, PIL stands for:
[SSC MTS (2022 cycle), 16 May 2023, Shift 3]
(A) Public Interest Litigation
(B) Periodic Individual Litigation
(C) Private Interest License
(D) Periodic Interest Litigation
Answer: (A) Public Interest Litigation
Explanation: PIL means Public Interest Litigation. It makes judicial remedies more accessible in genuine matters involving collective welfare or violations affecting disadvantaged sections. Courts examine the public character of a petition to prevent the process from becoming private-interest litigation.
