Judicial Review, Judicial Activism & Public Interest Litigation

by Vidyaar
0 comments

Q30. Which former Chief Justice of India was a pioneer of Public Interest Litigation?

[PGCIL Diploma Trainee (Civil), 5 May 2023]

(A) V. N. Khare

(B) P. N. Bhagwati

(C) K. G. Balakrishnan

(D) S. H. Kapadia

Answer: (B) P. N. Bhagwati

Explanation: Justice P. N. Bhagwati helped expand public-interest jurisdiction and developed liberal rules of standing, including in S. P. Gupta. His approach widened access to constitutional justice for persons who could not effectively bring proceedings on their own.

Q29. Article 227 of the Indian Constitution deals with:

[WBCS Mains (Polity and Economy), 2023]

(A) High Court’s power of superintendence

(B) Judicial review

(C) Powers of the Speaker

(D) Election of the Vice-President

Answer: (A) High Court’s power of superintendence

Explanation: Article 227 gives High Courts supervisory authority over subordinate courts and tribunals within their territorial jurisdiction, subject to exceptions. It differs from Article 226, which empowers High Courts to issue writs to enforce fundamental rights and other legal rights.

Q28. Which statement is NOT correct about the jurisdiction of a High Court?

[SSC CGL Tier-I, 13 December 2022, Shift 3]

(A) It controls subordinate courts

(B) It has judicial review powers

(C) It gives advisory opinions to the President of India

(D) It has writ jurisdiction

Answer: (C) It gives advisory opinions to the President of India

Explanation: A High Court has writ, supervisory and judicial-review powers, but Article 143 provides the President’s advisory reference jurisdiction to the Supreme Court. High Courts do not exercise that presidential advisory function, making the third statement incorrect.

Q27. How often is the exact term “judicial review” mentioned in the Indian Constitution?

[SSC CPO Tier-I, 9 November 2022, Shift 2]

(A) 15 times

(B) 20 times

(C) Not mentioned anywhere

(D) 10 times

Answer: (C) Not mentioned anywhere

Explanation: Although the Constitution grants judicial-review powers through provisions such as Articles 13, 32 and 226, it does not employ the exact expression “judicial review”. The courts recognise this authority as essential to constitutional supremacy and the basic structure.

Q26. The concept of Public Interest Litigation originated in which country?

[OSSC BSSO, 3 November 2022, Shift 2]

(A) United States of America

(B) France

(C) United Kingdom

(D) India

Answer: (A) United States of America

Explanation: American public-interest law furnished an important model for broader legal representation of under-served groups. Indian judges subsequently developed PIL through constitutional cases and relaxed standing rules, allowing petitions addressing larger public concerns rather than purely personal disputes.

Q25. In which case did the Supreme Court reaffirm judicial review as an essential feature of the Constitution?

[UGC NET Political Science, 11 October 2022, Shift 1]

(A) S. R. Bommai case

(B) Golaknath case

(C) Minerva Mills case

(D) Indra Sawhney case

Answer: (C) Minerva Mills case

Explanation: Minerva Mills v. Union of India (1980) rejected attempts to confer unlimited constitutional-amending power and curtail judicial supervision. The judgment reaffirmed limited amending authority and judicial review as foundational constraints protecting the constitutional framework.

Q24. The system of judicial review exists in:

[Territorial Army, 25 September 2022]

(A) India only

(B) United Kingdom only

(C) USA only

(D) India and USA

Answer: (D) India and USA

Explanation: Both India and the United States provide for constitutional judicial review. Indian superior courts scrutinise legislative and executive action under the Constitution; American courts similarly apply the authority associated with Marbury v. Madison. The systems have different institutional histories.

Q23. The Indian Constitution took the concept of judicial review from which country?

[RRB Group D, 16 September 2022, Shift 1]

(A) Australia

(B) United States of America

(C) New Zealand

(D) United Kingdom

Answer: (B) United States of America

Explanation: Judicial review in India was influenced by the American constitutional tradition. Through this power, the Supreme Court and High Courts can examine whether laws and governmental measures violate constitutional limitations, including protected rights and the basic structure.

Q22. What is the full form of PIL?

[Odisha Police SI, 8 July 2022]

(A) Private Interest Litigation

(B) Proper Interest Litigation

(C) Pure Interest Litigation

(D) Public Interest Litigation

Answer: (D) Public Interest Litigation

Explanation: Public Interest Litigation is a procedural avenue to bring genuine public grievances before courts, particularly where vulnerable people cannot litigate personally. It developed through judicial initiatives and is closely associated with relaxed locus standi and judicial activism.

Q21. Statements:
I. The Government of India Act, 1935 was a major source of India’s Constitution.
II. Judicial review was borrowed from Canada.

Which is correct?

[DSSSB NDMC Primary Teacher, 24 March 2022, Shift 3]

(A) Only II

(B) Neither I nor II

(C) Both I and II

(D) Only I

Answer: (D) Only I

Explanation: The Government of India Act, 1935 substantially influenced constitutional administrative arrangements. Judicial review, however, is commonly identified as an American influence, not a Canadian borrowing. Therefore the first statement is correct and the second is incorrect.

You may also like

Leave a Comment

-
00:00
00:00
Update Required Flash plugin
-
00:00
00:00