Judicial Review, Judicial Activism & Public Interest Litigation

by Vidyaar
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Q10. The essence of judicial activism is:

[TNPSC Group I Preliminary Examination, 2019]

(A) Active justice-delivery system

(B) Active implementation of rule of law

(C) Active interpretation of law

(D) Active intervention by the judiciary

Answer: (A) Active justice-delivery system

Explanation: The examination’s keyed choice stresses active delivery of justice. Judicial activism describes courts taking a more proactive approach to safeguarding rights and making remedies effective. Interpretative innovation and public-interest proceedings are tools used for this objective.

Q9. The concept of Public Interest Litigation in India is chiefly associated with which judge?

[MPTET Varg 2 Social Science, 3 March 2019, Shift 1]

(A) Justice S. M. Sikri

(B) Justice P. N. Bhagwati

(C) Justice H. J. Kania

(D) Justice S. R. Das

Answer: (B) Justice P. N. Bhagwati

Explanation: Justice P. N. Bhagwati is regarded as a principal architect of Indian PIL. Through expanded standing and innovative constitutional remedies, he helped ensure that the judiciary could hear public grievances on behalf of people facing poverty or disability.

Q8. In which country did the concept of Public Interest Litigation originate?

[RPSC RAS Preliminary Examination, 2018]

(A) Canada

(B) United States of America

(C) United Kingdom

(D) Australia

Answer: (B) United States of America

Explanation: The modern public-interest law movement developed prominently in the United States. In India, the judiciary adapted this approach to expand court access for disadvantaged people and to hear genuine concerns affecting wider communities or public rights.

Q7. A Public Interest Litigation before the Supreme Court is filed under which Article?

[MP Vyapam Assistant Accounts Officer, 4 August 2018, Shift 1]

(A) Article 32

(B) Article 31

(C) Article 226

(D) Article 141

Answer: (A) Article 32

Explanation: The Supreme Court considers appropriate PIL petitions under Article 32 for the enforcement of fundamental rights. High Courts exercise wider writ jurisdiction under Article 226. A petitioner must present a genuine public cause rather than a private or frivolous dispute.

Q6. In India, judicial review implies:

[UPSC Civil Services Preliminary Examination, 2017]

(A) Judicial power to pronounce upon the constitutionality of laws and executive orders

(B) Judicial power to question the wisdom of legislation

(C) Mandatory examination of every bill before assent

(D) Power to reconsider the Court’s own earlier judgments

Answer: (A) Judicial power to pronounce upon the constitutionality of laws and executive orders

Explanation: Judicial review concerns the constitutionality of statutes and executive orders. It is distinct from judicial reconsideration of an earlier judgment, and courts do not routinely screen all bills before assent. The doctrine keeps public authorities within constitutional limits.

Q5. Which are functions of the Supreme Court?
1. Protecting fundamental rights;
2. Judicial review;
3. Granting clemency;
4. Deciding Centre–State disputes.

[MPPSC Assistant Professor (Political Science), 11 July 2017]

(A) 1, 2 and 3

(B) 1 and 3

(C) 1, 2 and 4

(D) 3 and 4

Answer: (C) 1, 2 and 4

Explanation: The Supreme Court safeguards fundamental rights, exercises judicial review and decides constitutionally defined federal disputes. Clemency is an executive power, notably exercised by the President under Article 72, not a general pardoning power vested in the Court.

Q4. The Supreme Court’s power of judicial review means the authority to:
(a) review High Court judgments;
(b) review Council of Ministers’ functioning;
(c) advise the President;
(d) decide constitutionality of legislation and executive orders.

[Telangana Police SI Preliminary Examination, 2016]

(A) (a) and (b)

(B) (b) and (c)

(C) (d) only

(D) (c) and (d)

Answer: (C) (d) only

Explanation: Judicial review permits the Supreme Court to determine whether legislation and executive action comply with the Constitution. Appellate review and the Court’s advisory jurisdiction are distinct functions. Thus only the statement on constitutional validity defines judicial review.

Q3. Which two Articles most clearly express the constitutional power of judicial review through fundamental-rights writ remedies?

[UPSC NDA General Ability Test, 16 December 2015]

(A) Articles 21 and 446

(B) Articles 32 and 226

(C) Articles 44 and 152

(D) Articles 17 and 143

Answer: (B) Articles 32 and 226

Explanation: Article 32 enables the Supreme Court to enforce fundamental rights, while Article 226 empowers High Courts to issue writs for those rights and other purposes. Together with Article 13, these provisions form a central constitutional foundation for judicial review.

Q2. Consider statements on Article 356:
(i) failure of constitutional machinery is always objectively established;
(ii) the proclamation may be judicially reviewed;
(iii) the Assembly may be dissolved;
(iv) parliamentary approval is required within two months.

Which are correct?

[RPSC RAS Preliminary Examination, 2013]

(A) (i), (ii) and (iv) only

(B) (i), (ii) and (iii) only

(C) (iii) and (iv) only

(D) (ii), (iii) and (iv) only

Answer: (D) (ii), (iii) and (iv) only

Explanation: Presidential proclamations under Article 356 are reviewable by courts, as affirmed in S. R. Bommai. Assemblies may be dissolved within constitutional rules, and the proclamation requires parliamentary approval within two months. The President’s satisfaction is not automatically an unquestionable objective fact.

Q1. PIL is:

[MPPSC State Service General Studies, 2013]

(A) Public Interest Litigation

(B) Public Inquiry Litigation

(C) Public Investment Litigation

(D) Private Investment Litigation

Answer: (A) Public Interest Litigation

Explanation: Public Interest Litigation lets bona fide persons bring matters concerning public welfare or infringement of rights affecting disadvantaged groups. The Supreme Court and High Courts developed this procedure through a relaxation of traditional standing principles and accessible constitutional remedies.

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