Legal Reasoning [Constitution]

[Topic: Judiciary, State Executive and Legislature] – LA-11

Test Legal Reasoning

Test Code LA-11

Topic Judiciary, State Executive &

Legislature

No. of Questions 45

Maximum Marks 45

Competitive score 40 and above

Time allowed 25 minutes

Answers are provided in this file for self-evaluation.

1. What is the maximum number of judges in Supreme Court of India including

the Chief Justice?

a. 32

b. 26

c. 31

d. 30

2. The judges of the Supreme Court of India are appointed by the

a. President

b. Vice-President

c. Prime Minister

d. Home Minister

3. What is the age of retirement for the judges of the Supreme Court?

a. 75 years

b. 70 years

c. 65 years

d. 62 years

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 Legal Reasoning [Constitution]
[Topic: Judiciary, State Executive and Legislature] – LA-11

4. A judge of the Supreme Court can be removed from his office on the grounds
of

a. political views

b. religious views

c. wrong judgment

d. his proven misbehaviour or incapacity

5. A judge of the Supreme Court may be removed from his office by an order of
the President passed after an address by each House of Parliament supported
by a majority of the total membership of that House and by a majority of not
less than

a. Two-thirds of the members of that House present and voting has been
presented to the President in the same session for such removal

b. Three-fourths of the members of that House present and voting has

been presented to the President

c. One third of the members of that House present and voting has been
presented to the President

d. Half the members of that House present and voting has been
presented to the President

6. Which one of the following is not a qualification for a judge of the Supreme
Court?

a. He should be a citizen of India

b. He should have been a judge of a High Court or of two or more such

courts in succession

c. He is in the opinion of the President a distinguished jurist

d. He should posses a degree of Ph.D in Jurisprudence

7. When can the salaries of the judges of the Supreme Court be reduced?

a. During a national emergency due to external aggression

b. During a national emergency

c. During financial emergency

d. None of these
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 Legal Reasoning [Constitution]
[Topic: Judiciary, State Executive and Legislature] – LA-11

8. The oath of office to the judges of the Supreme court is administered by the

a. President

b. Vice-President

c. Speaker of the Lok Sabha

d. Law Minister

9. Which one of the following is a power of the Supreme Court?

a. The Supreme Court is a court of record

b. Under Article 32 of the Constitution, the Supreme Court has the power
to issue Writs for the enforcement of the Fundamental Rights of the
citizens

c. The law declared by the Supreme Court is binding on all courts within
the territory of India

d. All the above

10. Which of the following jurisdictions does the Supreme Court enjoy?

a. Appellate jurisdiction

b. Original jurisdiction

c. Advisory jurisdiction

d. All the above

11. The Supreme Court hears cases involving a substantial question of law as to
the interpretation of the Constitution under its

a. Original jurisdiction

b. Appellate jurisdiction

c. Advisory jurisdiction

d. None of these

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 Legal Reasoning [Constitution]
[Topic: Judiciary, State Executive and Legislature] – LA-11

12. The President of India may seek the advice of the Supreme Court on any
question of law or fact of public importance under the Supreme Court’s

a. Original jurisdiction

b. Appellate jurisdiction

c. Advisory jurisdiction

d. None of these

13. The advice given by the Supreme Court to the President under its Advisory
Jurisdiction is

a. Binding on the President of India

b. Not binding on the President of India

c. Always binding on the President of India

d. None of these

14. The Supreme Court of India

a. Does not enjoy the power of judicial review

b. Cannot enjoy the power of judicial review

c. Enjoys the power of judicial review

d. None of the above

15. The concept of judicial review has been borrowed from the Constitution of

a. USSR

b. UK

c. USA

d. Switzerland

16. Judicial review means

a. The power of the courts to make laws

b. The power of the courts to define laws

c. The power of the courts to review and overrule its own judgment

d. The power of the courts to declare any Legislative or Executive Act as

unconstitutional, which is against the provisions of the Constitution
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 Legal Reasoning [Constitution]
[Topic: Judiciary, State Executive and Legislature] – LA-11

17. The Constitution has

a. fixed the number of judges of the High Court at 15

b. fixed the number of judges of the High Court at 17

c. not laid down any fixed number of the judges of the High Court

d. none of the above

18. The Chief Justice and other judges of the High Court are appointed by the

a. Chief Justice of India

b. Governor

c. Chief Minister

d. President

19. The age of the retirement for the judges of the High Court is

a. 60 years

b. 62 years

c. 70 years

d. 80 years

20. After retirement, a judge of a High Court

a. Cannot plead in any court in the territory of India

b. Can plead only in the Supreme Court

c. Can plead only in the High Courts

d. Can plead or act only in the Supreme Court and the other High Courts,
i.e. except the High Court where he had served as a Judge

21. A judge of a High Court

a. Cannot be transferred to another High Court

b. Can be transferred to another High Court

c. Can be transferred to another High Court on the recommendation of

the Chief Minister of a state

d. Can be transferred to another High Court by the President after

consultation with the Chief Justice of India

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 Legal Reasoning [Constitution]
[Topic: Judiciary, State Executive and Legislature] – LA-11

22. Which one of the following is not correct as far as the powers of a High Court
are concerned?

a. A High Court is a court of record

b. It can issue writs for the enforcement of any of the rights conferred by
Part III of the Indian Constitution and for any other purpose

c. It can decide dispute arising out of the election of the President of

India

d. It can exercise the power of superintendence over all courts under its
jurisdiction

23. There can be a

a. High Court for one state only

b. High Court for two states only

c. Common High Court for two or more states and/or Union territory

d. None of these

24. A judge of the High Court can be removed from his office on the ground of
proved misbehaviour or incapacity by the

a. Governor of the State

b. Chief Minister of the State

c. Chief Justice of India

d. President of India on the recommendation of the Parliament

25. In civil matters, the highest court of appeal in a district is the

a. Court of Senior Sub-judge

b. Small Causes Court

c. High Court

d. District Court

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 Legal Reasoning [Constitution]
[Topic: Judiciary, State Executive and Legislature] – LA-11

26. In criminal matters, the highest court in a district in the

a. Court of First Class Magistrate

b. Court of Second Class Magistrate

c. Court of the Session Judge

d. High Court

27. A direction under Article 226 of the Constitution given by the High court can
be altered by—

a. Law Minister of the State

b. State Government

c. State Governor

d. None of the above

28. The Supreme Court was inaugurated in the year

a. 1947

b. 1948

c. 1949

d. 1950

29. How many High Courts in India have jurisdiction over more than one State
(Union Territories not included)?

a. 2

b. 3

c. 4

d. 5

30. The writs for the enforcement of Fundamental Rights are issued by

a. The Parliament

b. The President

c. The Supreme Court

d. The Election Commission

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 Legal Reasoning [Constitution]
[Topic: Judiciary, State Executive and Legislature] – LA-11

31. An appeal shall lie to the Supreme Court from any judgment of a High Court
if the High Court:

a. Has on appeal reversed an order of acquittal of an accused person and

sentenced him to death

b. Certifies that the cases is a fit one for appeal to the Supreme Court

c. Has withdrawn for trial before itself any case from any subordinate
court and has convicted the accused person and sentenced him to
death

d. In all the above cases

32. To ensure impartiality, the retired Chief Justice and other Judges and other
Judges of the Supreme Court are debarred from practising law:

a. In any court other than the Supreme Court

b. In any court of India

c. In any court other than State High Courts

d. In any Criminal Court

33. Which is not an eligibility criterion for appointment as a Judge of the

Supreme Court?

a. Must have been a High Court Judge for at least 5 years

b. Must have attained the age of 55 years

c. Must have been an advocate of a High Court for not less than 10 years

d. Must be, in the opinion of the President, a distinguished jurist

34. Which of the following is true about the Supreme Court?

a. It has only the Appellate Jurisdiction

b. It is the highest federal court of India

c. It does not have the Original Jurisdiction

d. It can amend the Constitution

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 Legal Reasoning [Constitution]
[Topic: Judiciary, State Executive and Legislature] – LA-11

35. Salaries of the Judges of the Supreme Court are drawn from the

a. Grants-in-aid

b. Contingency Fund

c. Consolidated Fund

d. Public Accounts

36. Which of the following is covered under the original jurisdiction of the
Supreme Court?

a. Dispute relating to civil matters

b. Dispute relating to criminal cases involving murder

c. Disputes between two states of the Indian Union

d. Disputes between two citizens from two different states

37. In India, the power to increase the number of judges in the Supreme Court
lies with

a. The President of India

b. The Chief Justice of India

c. The Union Ministry of Law

d. The Parliament of India

38. The Governor is appointed by the

a. Prime Minister

b. President

c. Chief Minister

d. Chief Justice

39. The number of seats in Vidhan Sabha is:

a. To be not more than five hundred and not less than 60

b. To be not more than 500 and not less than 60 but an exception is
recognized in the case of State of Sikkim which has only 32 seats

c. To be not more than 600 and not less than 500

d. Varies from Vidhan Sabha to Vidhan Sabha

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 Legal Reasoning [Constitution]
[Topic: Judiciary, State Executive and Legislature] – LA-11

40. The salary and allowance of the Governor are charged to

a. Consolidated fund of the State

b. Consolidated fund of India

c. Contingency fund of India

d. ‘a’ and ‘b’ in equal proportion

41. Chief Ministers of all the states are ex-officio members of the

a. Finance Commission

b. Planning Commission

c. National Development Council

d. Inter State Council

42. The Legislative Council in a state can be created or disbanded by the

a. State Legislative Assembly alone

b. Parliament alone

c. Parliament on recommendation of the State Legislature

d. President on recommendation of the Governor

43. Which of the following is correct regarding the Governor of a State?

a. No Money bill can be introduced in the State Legislature without his

prior permission

b. He has the power of issuing ordinances when the legislature is not in

session

c. He can recommend to the President to impose President’s Rule in the

State

d. All of the above

44. The members of the State Legislative Assembly are elected for what period?

a. 2 years

b. 6 years

c. 4 years

d. 5 years
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 Legal Reasoning [Constitution]
[Topic: Judiciary, State Executive and Legislature] – LA-11

45. Consider the following statements about the Governor:

1. He submits his resignation letter to the Chief Justice of the state.

2. He should have completed 35 years of age.

3. His emoluments, allowances and privileges are determined by the

President

4. No criminal proceedings can be instituted against him.

Of the above, the incorrect statements are

a. 1 and 3

b. 2, 3 and 4

c. 1, 3 and 4

d. 2 and 4

ANSWERS ON NEXT PAGE

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 Legal Reasoning [Constitution]
[Topic: Judiciary, State Executive and Legislature] – LA-11

Answers to “Constitution [Judiciary, State Executive and Legislature]”

1. c 2.a 3.c 4.d 5.a 6.d 7.c 8.a 9.d 10.d

11.b 12.c 13.b 14.c 15.c 16.d 17.c 18.d 19.b 20.d

21.d 22.c 23.c 24.d 25.d 26.c 27. d 28.d 29b 30.c

31.d 32.b 33.b 34.b 35.c 36.c 37.d 38.b 39.b 40.a

41.c 42.c 43.d 44.d 45.a

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