Judiciary & Landmark Judgments: previous-year questions

Answer: (B) Judicial Activism

Public Interest Litigation (PIL) is the best-known product of judicial activism in India. In the late 1970s and 1980s Justices P.N. Bhagwati and V.R. Krishna Iyer relaxed the rule of locus standi so that any public-spirited person, even by a letter, could move the Supreme Court (Article 32) or a High Court (Article 226) on behalf of those unable to do so. Landmark cases: Hussainara Khatoon v. State of Bihar (1979, undertrial prisoners), often called the first PIL, and S.P. Gupta v. Union of India (1981). Judicial review (A) is the older and wider power of courts to test the constitutionality of laws and executive acts; PIL is a procedure that widened access to it. Federalism and NITI Aayog are unrelated.

Answer: (A) E. V. Chinnaiah Vs. State of Andhra Pradesh

On 1 August 2024 a seven-judge Constitution Bench headed by Chief Justice D.Y. Chandrachud held by 6:1 (Justice Bela Trivedi dissenting) that States may sub-classify Scheduled Castes so as to give preference to the more backward among them. The judgment was delivered in State of Punjab v. Davinder Singh and overruled the five-judge decision in E.V. Chinnaiah v. State of Andhra Pradesh (2004), which had treated the Scheduled Castes notified under Article 341 as one homogeneous class; hence PSC's answer (A), Chinnaiah being the litigation whose correctness the larger bench examined. Four judges also favoured applying a 'creamy layer' test to SCs and STs. Indra Sawhney v. Union of India (1992) is the Mandal case (OBC reservation, 50% ceiling), and Association for Democratic Reforms v. Union of India (2024) struck down the Electoral Bonds scheme; option D is a made-up title.

Answer: (B) Telangana High Court

On 1 January 2019 the common High Court at Hyderabad was split, creating a separate High Court for Telangana (and one for Andhra Pradesh at Amaravati). The Tripura and Manipur High Courts were set up in 2013, and the Jammu and Kashmir High Court dates from 1928.

Answer: (A) Calcutta High Court

The Andaman and Nicobar Islands fall under the Calcutta High Court, which has a circuit bench at Port Blair. Lakshadweep, not Andaman, is under the Kerala High Court, and Puducherry is under Madras; Orissa and Andhra Pradesh High Courts have no jurisdiction over the islands.

Answer: (A) The Parliament of India

Parliament can by law extend the jurisdiction of a High Court to, or exclude it from, any State or Union Territory (Article 230). The President, Governor and Supreme Court have no power to alter a High Court's territorial jurisdiction. Repeat of Q71.

Answer: (A) High Court's power of superintendence.

Article 227 gives every High Court the power of superintendence over all courts and tribunals within its territory. Judicial review rests mainly on Articles 13, 32 and 226; the Vice-President's election is under Article 66, and the Speaker's powers are spread over other Articles.

Answer: (C) Golaknath vs. State of Punjab, 1967

In Golaknath v. State of Punjab (1967) the Supreme Court held that Parliament could not amend Part III to take away or abridge Fundamental Rights, treating an amendment as 'law' under Article 13. Kesavananda Bharati (1973) overruled this and laid down the basic structure doctrine, Minerva Mills (1980) reaffirmed it, and S. R. Bommai concerned Article 356.

Answer: (C) Keshavananda Bharati Case, 1973

In Kesavananda Bharati v. State of Kerala (1973) a 13-judge bench held 7:6 that Parliament may amend any part of the Constitution but cannot destroy its basic structure. Golaknath had denied the power to amend Fundamental Rights, Minerva Mills applied the doctrine later, and A. K. Gopalan concerned preventive detention.

Answer: (B) H. J. Kania

Justice H. J. Kania became the first Chief Justice of India when the Supreme Court was inaugurated on 28 January 1950. M. Patanjali Sastri, Mehr Chand Mahajan and B. K. Mukherjea were his successors, in that order.

Answer: (B) The Calcutta High Court

The Calcutta High Court, opened on 1 July 1862 under the Indian High Courts Act, 1861, is the oldest High Court in India. Bombay and Madras High Courts were also set up in 1862 but a little later, and Allahabad followed in 1866.

Answer: (A) The Parliament of India

Parliament can by law extend the jurisdiction of a High Court to, or exclude it from, any State or Union Territory (Article 230). The President, Governor and Supreme Court have no power to alter a High Court's territorial jurisdiction. Repeat of Q43.

Answer: (C) Original jurisdiction.

Under Article 131 the Supreme Court has exclusive original jurisdiction over disputes between the Centre and States or between States. Appellate jurisdiction covers appeals from High Courts, and advisory jurisdiction (Article 143) covers references by the President.

Answer: (B) Article 141

Article 141 makes the law declared by the Supreme Court binding on all courts within India. Article 131 covers original jurisdiction, Article 142 the power to do complete justice, and Article 143 the advisory jurisdiction.

Answer: (B) President

Under Article 217, the Chief Justice of a High Court is appointed by the President by warrant under his hand and seal, after consultation with the Chief Justice of India and the Governor of the state; in practice the recommendation of the Supreme Court collegium is decisive. The Prime Minister and the Cabinet only advise the President, and the CJI is consulted but is not the appointing authority. High Court judges retire at 62 (Supreme Court judges at 65) and take their oath before the Governor.

Answer: (D) Supreme Court

The Supreme Court is the guardian or custodian of the Constitution: through judicial review (Articles 13, 32 and 131-136) it can strike down any law or executive action that violates the Constitution, and since Kesavananda Bharati (1973) it protects the 'basic structure' even against constitutional amendments. The President takes an oath to 'preserve, protect and defend' the Constitution (Article 60) but acts on ministerial advice; Parliament can amend the Constitution (Article 368) but is itself bound by it; the Vice-President is ex-officio Chairman of the Rajya Sabha.

Answer: (C) 65 years

Under Article 124(2) a Supreme Court judge holds office until the age of 65; High Court judges retire at 62 (Article 217; raised from 60 by the 15th Amendment, 1963). There is no fixed tenure, and a judge can be removed only by the President after an address by each House of Parliament, passed by a special majority, on the ground of proved misbehaviour or incapacity. For comparison: CAG and members of UPSC - 6 years or age 65; members of a State PSC - 6 years or age 62; CEC - 6 years or age 65.

Answer: (B) 497

Section 497 of the IPC historically criminalised adultery. It is worth noting that in the landmark Joseph Shine v. Union of India (2018) judgment — decided shortly before this exam — the Supreme Court struck down Section 497 as unconstitutional, decriminalising adultery in India.

Answer: (B) The Parliament

Under Article 124, Parliament has the power, by law, to increase (or otherwise regulate) the number of judges in the Supreme Court — the original strength of 8 judges (besides the Chief Justice) has been progressively raised by successive Parliamentary Acts.

Answer: (A) Governor

Under Article 233, the Governor of a state appoints District Judges, but only in consultation with the High Court of that state, ensuring judicial input into the process.